HJ0013eng 103RD GENERAL ASSEMBLY

HJ0013 Engrossed LRB103 30591 MST 57030 r

HOUSE JOINT RESOLUTION 13

WHEREAS, There are over 1,000,000 Illinois residents that are not proficient in English; and

WHEREAS, The State of Illinois recognizes that comprehensive communication with one's health care provider is critical; and

WHEREAS, Title VI of the Civil Rights Act of 1964 guarantees individuals the right to receive interpreter services from health facilities that receive federal funds; and

WHEREAS, The Language Assistance Services Act affirms that the intent of the General Assembly is to provide quality health care despite the persistence of language barriers; and

WHEREAS, The COVID-19 pandemic has facilitated a transition to telehealth services in which Limited English Proficiency (LEP) patients face structural barriers in accessing and utilizing, including lack of access to technology, need for medical interpreters, unfriendly patient portals, and increased privacy concerns; and

WHEREAS, The American Geriatric Society has published findings indicating LEP patients over 60 are at a higher risk for worse mental and physical outcomes; and

WHEREAS, The Illinois Advisory Committee to the U.S. Commission on Civil Rights heard testimony that LEP patients do not always receive interpreter services in health facilities and that, even when interpreter services are provided, it is not always an accurate interpretation; and

WHEREAS, A survey of hospitals conducted by the American Medical Association found that over 80% of the hospitals indicated that they frequently encounter patients with limited English proficiency; and

WHEREAS, The current law does not hold health care providers and medical interpretation service companies accountable for failing to work with qualified or certified interpreters or for failing to work with best practices in providing medical interpretation services; therefore, be it

RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE ONE HUNDRED THIRD GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE SENATE CONCURRING HEREIN, that the Statewide Task Force on Limited English Proficient Patient Access to Quality Interpreter Services is hereby created to provide recommendations regarding access to quality interpreting services for Limited English Proficiency (LEP) patients; and be it further

RESOLVED, That the Task Force shall focus on issues including, but not limited to:

(1) The barriers preventing LEP patients from accessing quality interpreting services;

(2) The impact of the COVID-19 pandemic relating to its effects on access to quality interpreter services;

(3) Issues concerning funding for services and reimbursement for health care providers;

(4) The number and quality of certified interpreters;

(5) Effective communication of the law to health care providers; and

(6) Creating a plan for realistic enforcement of violations of the Language Assistance Services Act; and be it further

RESOLVED, That the Task Force shall consist of the following voting members, who shall have racial, ethnic, gender, and geographic diversity and include the following:

(1) One member appointed by the Director of the Illinois Department of Public Health, who shall serve as chair;

(2) Two members of the House of Representatives, one appointed by the Speaker of the House and one appointed by the House Minority Leader;

(3) Two members of the Senate, one appointed by the President of the Senate and one appointed by the Senate Minority Leader;

(4) One member of the Governor's policy leadership team appointed by the Governor; and

(5) 16 public members appointed by the Task Force chair:

(a) 8 members who should equitably represent the following groups:

(i) An association that advocates on behalf of the health of the Chinese-American community;

(ii) An association that advocates on behalf of the health of the Hispanic/Latino community; and

(iii) An association that advocates on behalf of the health of the midwest Asian-American community;

(b) Three members who are nationally board certified medical interpreters who can highlight challenges as well as opportunities for State action to enhance the number of nationally board certified medical interpreters;

(c) One member from a statewide association that advocates on behalf of a majority of hospitals and health care providers;

(d) One member from an association that advocates on behalf of civil rights;

(e) One member from the Illinois Department of Healthcare and Family Services who deals primarily with non-English speaking residents;

(f) One member from the Illinois Department of Human Services who is knowledgeable on how LEP affects rural, low income families; and

(g) One physician licensed by the State whose practice focuses on emergency medicine and can speak to the importance of quality communication as it relates to emergency medicine; and be it further

RESOLVED, That the Task Force shall have all appointments made within 60 days of the adoption of this resolution; and be it further

RESOLVED, That the Task Force members shall receive no compensation for their service but may receive reimbursement for actual expenses incurred in the performance of their duties, subject to the availability of funds for that purpose; and be it further

RESOLVED, That the Illinois Department of Public Health shall provide administrative support for the Task Force; and be it further

RESOLVED, That the Task Force shall meet at the call of the chair and then shall meet at least quarterly until it completes its work; and be it further

RESOLVED, That the Task Force shall submit its final report to the General Assembly and the Governor no later than January 1, 2025, and, upon the filing of its final report, is dissolved; and be it further

RESOLVED, That suitable copies of this resolution be delivered to the Director of the Illinois Department of Public Health, the Speaker of the House, the House Minority Leader, the President of the Senate, the Senate Minority Leader, and the Governor.