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 and a provider of health care, 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 that: (1) a qualified sign language interpreter is available; and (2) except in certain circumstances, the person may request an in-person or remote sign language interpreter. Sections 1 and 8 require such a health facility or provider of health care to ensure that such a person is provided with a qualified sign language interpreter in person if: (1) the person requests an in-person interpreter; or (2) certain circumstances exist that would make a remote interpreter inappropriate, unless a person provides informed consent to receive sign language interpreting services from 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
BDR: 449.029, 449.0301, 449.160, 449.163, 449.240, 449.2488, 654.190