Existing federal regulations require certain health care entities to take reasonable steps to provide meaningful access to persons with limited English proficiency who are eligible to be served or likely to be directly affected by a health program or activity of the entity. (45 C.F.R. § 92.201(a)) The Director of the Office for Civil Rights of the United States Department of Health and Human Services has provided additional guidance by defining meaningful access to mean ensuring that language barriers do not prevent a person from obtaining necessary health services and care. (Melanie Fontes Rainer, Director, Office for Civil Rights U.S. Dep't. of Health and Human Services (Dec. 5, 2024), Dear Colleague Letter Regarding Language Access Provisions of the Final Rule Implementing Section 1557 of the Affordable Care Act, retrieved from http://www.hhs.gov/sites/default/files/ocr-dcl-section-1557-language-access.pdf) Existing federal regulations prescribe various requirements and procedures governing the use of interpreters and translators to comply with those requirements. (45 C.F.R. § 92.201) Sections 5-8 and 16-20 of this bill codify similar provisions into state law, thereby requiring health facilities and providers of health care to take reasonable steps to ensure that language barriers do not prevent a person with limited English proficiency from obtaining necessary access to health care. Sections 5, 16 and 20 prescribe certain factors for determining whether an action is necessary for a health facility or provider of health care to be in compliance with that requirement. Sections 5 and 16 require that a service to provide language assistance be available free of charge, be accurate in translation or interpretation be provided in a timely manner and protect the ability of the person with limited English proficiency to make independent decisions. Sections 5 and 16 require that a qualified translator review a machine-translated document under certain circumstances. Sections 5 and 16 require a health facility or provider of health care to use a qualified interpreter or translator to provide interpreting or translating services, and sections 8 and 19 establish the qualifications to serve as an interpreter or translator. Sections 6 and 17 prohibit the use of an unqualified interpreter, except in certain circumstances. Sections 6 and 17 also prohibit a health facility or provider of health care from requiring a person with limited English proficiency to provide his or her own interpreter or pay the cost of an interpreter. Sections 7 and 18 prescribe requirements governing the use of a remote interpreter. Sections 3, 4 and 15 of this bill define certain terms, and section 2 of this bill establishes the applicability of the definitions set forth in sections 3 and 4. Sections 9 and 10 of this bill make conforming changes to establish the applicability of certain provisions. Sections 11-13, 20 and 21 of this bill prescribe various mechanisms for the enforcement of sections 5-8 and 16-19, including the imposition of administrative sanctions against a health facility that fails to comply with those provisions and professional discipline against a provider of health care who fails to comply with those provisions.

Statutes affected:
As Introduced: 449.029, 449.0301, 449.160, 449.163, 449.240, 654.190
BDR: 449.029, 449.0301, 449.160, 449.163, 449.240, 654.190