Sponsored by:
Assemblywoman SHANIQUE SPEIGHT
District 29 (Essex and Hudson)
Assemblyman HERB CONAWAY, JR.
District 7 (Burlington)
Assemblywoman MARGIE DONLON, M.D.
District 11 (Monmouth)
SYNOPSIS
Requires health insurers, SHBP, SEHBP, and NJ FamilyCare coverage for sign language interpreter services for covered individuals who are deaf or hard of hearing.
CURRENT VERSION OF TEXT
As introduced.
An Act requiring health benefits coverage for interpreter services for certain individuals and supplementing various parts of the statutory law.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. A hospital service corporation contract that provides hospital and medical expense benefits and is delivered, issued, executed, or renewed in this State, or approved for issuance or renewal in this State by the Commissioner of Banking and Insurance, on or after the effective date of this act, shall provide coverage for expenses incurred for the services of a qualified sign language interpreter during a health care encounter.
b. Coverage shall be provided, upon the request of an individual who is deaf or hard of hearing, as follows:
(1) the services of a qualified sign language interpreter; or
(2) video remote interpreter services in situations in which the in-person services of a qualified sign language interpreter are not available.
c. Coverage shall not be provided for the services of a sign language interpreter who is a family member or friend of the individual who is deaf or hard of hearing, unless the following conditions have been satisfied:
(1) the family member or friend is a qualified sign language interpreter; and
(2) the individual who is deaf or hard of hearing has consented to having the family member or friend serve as a sign language interpreter during the health care encounter; or
(3) the individual who is deaf or hard of hearing is a minor child, and the parent or legal guardian of the minor child is present and agrees to provide sign language interpretation services for the minor child, as necessary, during the health care encounter.
(4) In a case of suspected domestic violence, a health care provider shall not permit a family member to serve as a sign language interpreter during the health care encounter, and shall instead provide a qualified sign language interpreter or video remote interpreter services for an individual who is deaf or hard of hearing.
(5) In a case in which one or both parents or a legal guardian is suspected of child abuse or neglect of a minor child who is deaf or hard of hearing, the health care provider shall not permit the parent or legal guardian to serve as a sign language interpreter during the health care encounter, and shall instead provide a qualified sign language interpreter for the minor child.
d. As used in this section:
Deaf means the condition of having sustained a hearing loss that is so severe that the individual has difficulty in processing linguistic information through hearing, regardless of amplification or other assistive technology.
Hard of hearing means the condition of having sustained a hearing loss, whether permanent or fluctuating, which hearing loss may be corrected by amplification or other hearing assistive technology, but which, regardless of correction, presents challenges in processing linguistic information through hearing.
Qualified sign language interpreter means a sign language interpreter, preferably with expertise in a medical setting, who is certified by the New Jersey Registry of Interpreters for the Deaf, or by an accredited certifying organization designated by the Division of the Deaf and Hard of Hearing in the Department of Human Services.
Video remote interpreting services means remote sign language interpretation using real-time, full motion video and audio over a dedicated high-speed, wide-bandwidth video connection or a wireless connection that delivers high-quality video images that do not produce lags, choppy, blurry, or grainy images, or irregular pauses in communication, and that are large enough to display both the interpreters and the participants face, arms, hands, and fingers. The audio component of the service should provide a clear, audible transmission of voices.
e. The benefits required by this section shall be provided to the same extent as for any other condition under the contract.
f. This section shall apply to those hospital service corporation contracts in which the hospital service corporation has reserved the right to change the premium.
2. a. A medical service corporation contract that provides hospital and medical expense benefits and is delivered, issued, executed, or renewed in this State, or approved for issuance or renewal in this State by the Commissioner of Banking and Insurance, on or after the effective date of this act, shall provide coverage for expenses incurred for the services of a qualified sign language interpreter during a health care encounter.
b. Coverage shall be provided, upon the request of an individual who is deaf or hard of hearing, as follows:
(1) the services of a qualified sign language interpreter; or
(2) video remote interpreter services in situations in which the in-person services of a qualified sign language interpreter are not available.
c. Coverage shall not be provided for the services of a sign language interpreter who is a family member or friend of the individual who is deaf or hard of hearing, unless the following conditions have been satisfied:
(1) the family member or friend is a qualified sign language interpreter; and
(2) the individual who is deaf or hard of hearing has consented to having the family member or friend serve as a sign language interpreter during the health care encounter; or
(3) the individual who is deaf or hard of hearing is a minor child, and the parent or legal guardian of the minor child is present and agrees to provide sign language interpretation services for the minor child, as necessary, during the health care encounter.
(4) In a case of suspected domestic violence, a health care provider shall not permit a family member to serve as a sign language interpreter during the health care encounter, and shall instead provide a qualified sign language interpreter or video remote interpreter services for an individual who is deaf or hard of hearing.
(5) In a case in which one or both parents or a legal guardian is suspected of child abuse or neglect of a minor child who is deaf or hard of hearing, the health care provider shall not permit the parent or legal guardian to serve as a sign language interpreter during the health care encounter, and shall instead provide a qualified sign language interpreter for the minor child.
d. As used in this section:
Deaf means the condition of having sustained a hearing loss that is so severe that the individual has difficulty in processing linguistic information through hearing, regardless of amplification or other assistive technology.
Hard of hearing means the condition of having sustained a hearing loss, whether permanent or fluctuating, which hearing loss may be corrected by amplification or other hearing assistive technology, but which, regardless of correction, presents challenges in processing linguistic information through hearing.
Qualified sign language interpreter means a sign language interpreter, preferably with expertise in