Public Act 93-0564
SB61 Enrolled LRB093 03263 AMC 03280 b
AN ACT concerning language assistance services.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Language Assistance Services Act is
amended by changing Sections 10 and 15 and adding Sections
16, 17, 18 and 19 as follows:
(210 ILCS 87/10)
Sec. 10. Definitions. As used in this Act:
"Department" means the Department of Public Health.
"Interpreter" means a person fluent in English and in the
necessary language of the patient who can accurately speak,
read, and readily interpret the necessary second language, or
a person who can accurately sign and read sign language.
Interpreters shall have the ability to translate the names of
body parts and to describe completely symptoms and injuries
in both languages. Interpreters may include members of the
medical or professional staff.
"Language or communication barriers" means either of the
following:
(1) With respect to spoken language, barriers that
are experienced by limited-English-speaking or
non-English-speaking individuals who speak the same
primary language, if those individuals constitute at
least 5% of the patients served by the health facility
annually.
(2) With respect to sign language, barriers that
are experienced by individuals who are deaf and whose
primary language is sign language.
"Health facility" means a hospital licensed under the
Hospital Licensing Act or a long-term care facility licensed
under the Nursing Home Care Act.
(Source: P.A. 88-244.)
(210 ILCS 87/15)
Sec. 15. Language assistance services authorized. To
insure access to health care information and services for
limited-English-speaking or non-English-speaking residents
and deaf residents, a health facility must may do one or more
of the following:
(1) Review existing policies regarding interpreters for
patients with limited English proficiency and for patients
who are deaf, including the availability of staff to act as
interpreters.
(2) Adopt and review annually a policy for providing
language assistance services to patients with language or
communication barriers. The policy shall include procedures
for providing, to the extent possible as determined by the
facility, the use of an interpreter whenever a language or
communication barrier exists, except where the patient, after
being informed of the availability of the interpreter
service, chooses to use a family member or friend who
volunteers to interpret. The procedures shall be designed to
maximize efficient use of interpreters and minimize delays in
providing interpreters to patients. The procedures shall
insure, to the extent possible as determined by the facility,
that interpreters are available, either on the premises or
accessible by telephone, 24 hours a day. The facility shall
annually transmit to the Department of Public Health a copy
of the updated policy and shall include a description of the
facility's efforts to insure adequate and speedy
communication between patients with language or communication
barriers and staff.
(3) Develop, and post in conspicuous locations, notices
that advise patients and their families of the availability
of interpreters, the procedure for obtaining an interpreter,
and the telephone numbers to call for filing complaints
concerning interpreter service problems, including, but not
limited to, a T.D.D. number for the hearing impaired. The
notices shall be posted, at a minimum, in the emergency room,
the admitting area, the facility entrance, and the outpatient
area. Notices shall inform patients that interpreter
services are available on request, shall list the languages
for which interpreter services are available, and shall
instruct patients to direct complaints regarding interpreter
services to the Department of Public Health, including the
telephone numbers to call for that purpose.
(4) Identify and record a patient's primary language and
dialect on one or more of the following: a patient medical
chart, hospital bracelet, bedside notice, or nursing card.
(5) Prepare and maintain, as needed, a list of
interpreters who have been identified as proficient in sign
language and in the languages of the population of the
geographical area served by the facility who have the ability
to translate the names of body parts, injuries, and symptoms.
(6) Notify the facility's employees of the facility's
commitment to provide interpreters to all patients who
request them.
(7) Review all standardized written forms, waivers,
documents, and informational materials available to patients
on admission to determine which to translate into languages
other than English.
(8) Consider providing its nonbilingual staff with
standardized picture and phrase sheets for use in routine
communications with patients who have language or
communication barriers.
(9) Develop community liaison groups to enable the
facility and the limited-English-speaking,
non-English-speaking, and deaf communities to insure the
adequacy of the interpreter services.
(Source: P.A. 90-655, eff. 7-30-98.)
(210 ILCS 87/16 new)
Sec. 16. Complaint system. The Department shall develop
and implement a complaint system through which the Department
may receive complaints related to violations of this Act. The
Department shall establish a complaint system or utilize an
existing Department complaint system. The complaint system
shall include (i) a complaint verification process by which
the Department determines the validity of a complaint and
(ii) an opportunity for a health facility to resolve the
complaint through an informal dispute resolution process.
If the complaint is not resolved informally, then the
Department shall serve a notice of violation of this Act upon
the health facility. The notice of violation shall be in
writing and shall specify the nature of the violation and the
statutory provision alleged to have been violated. The notice
shall inform the health facility of the action the Department
may take under the Act, the amount of any financial penalty
to be imposed and the opportunity for the health facility to
enter into a plan of correction. The notice shall also inform
the health facility of its rights to a hearing to contest the
alleged violation under the Administrative Procedure Act.
(210 ILCS 87/17 new)
Sec. 17. Plan of correction; penalty. If the Department
finds that a health facility is in violation of this Act, the
health facility may submit to the Department, for its
approval, a plan of correction. If a health facility violates
an approved plan of correction within 6 months of its
submission, the Department may impose a penalty on the health
facility. For the first violation of an approved plan of
correction, the Department may impose a penalty of up to
$100. For a second or subsequent violation of an approved
plan of correction the Department may impose a penalty of up
to $250. The total fines imposed under this Act against a
health facility in a twelve month period shall not exceed
$5,000.
Penalties imposed under this Act shall be paid to the
Department and deposited in the Nursing Dedicated and
Professional Fund.
(210 ILCS 87/18 new)
Sec. 18. Rules. The Department shall adopt any rules
necessary for the administration and enforcement of this Act.
The Illinois Administrative Procedure Act shall apply to all
administrative rules and procedures of the Department under
this Act.
(210 ILCS 87/19 new)
Sec. 19. Administrative Review Law. The Administrative
Review Law shall apply to and govern all proceedings for
judicial review of final administrative decisions of the
Department under this Act.