Existing federal regulations require providers of health care and health care facilities that receive funding or certain other assistance from the Federal Government to ensure that communications with persons with disabilities are as effective as communications with persons who do not have disabilities. (45 C.F.R. § 92.202) Those federal regulations: (1) prohibit such providers and facilities from requiring a person with a disability to be accompanied by a person to interpret for him or her; and (2) authorize such providers and facilities to provide qualified interpreters through video remote interpreting services. (28 C.F.R. § 35.160, 45 C.F.R. § 92.202) Sections 1 and 8 of this bill require a medical facility, a facility for the dependent and certain other health facilities in a county whose population is 20,000 or more (currently Clark, Washoe, Lyon, Elko, Nye, Douglas and Churchill Counties and Carson City) and a provider of health care who is providing services in such a county, respectively, to ensure that each person who is deaf or hard of hearing and seeks care or services at the facility or from the provider, as applicable, is notified: (1) that a qualified sign language interpreter can be made available; (2) that the person may request an in-person or remote sign language interpreter; and (3) of any other accommodations that may be made available. If the person requests an in-person qualified sign language interpreter, sections 1 and 8 require such a health facility or provider of health care to: (1) provide the person with a qualified sign language interpreter in person if the request is made at least 48 hours before a prescheduled encounter or at least 2 hours after arriving at the health facility for an unplanned inpatient hospitalization; or (2) make a good faith effort to provide the person with a qualified sign language interpreter in person under all other circumstances. If the health facility or provider of health care cannot provide an in-person qualified sign language interpreter after making a good faith effort or if the person requests a remote interpreter, sections 1 and 8 require the health facility or provider of health care to provide a remote interpreter. Sections 1 and 8 prescribe requirements governing the use of a remote interpreter. Sections 2 and 3 of this bill make conforming changes to establish the applicability of certain existing provisions to section 1. Sections 4-6 and 9 of this bill prescribe various mechanisms for the enforcement of section 1, including the imposition of administrative sanctions against a health facility that fails to comply with those provisions. Section 8 authorizes professional discipline against a provider of health care who fails to comply with that section. Section 7 of this bill requires the Department of Health and Human Services to maintain on an Internet website a list of assisted living facilities and senior living communities that provide services specialized for persons who are deaf or hard of hearing.

Statutes affected:
As Introduced: 449.029, 449.0301, 449.160, 449.163, 449.240, 449.2488, 654.190
Reprint 1: 449.029, 449.0301, 449.160, 449.163, 449.240, 449.2488, 654.190
BDR: 449.029, 449.0301, 449.160, 449.163, 449.240, 449.2488, 654.190