Rep. Aaron M. Ortiz

Filed: 3/23/2023





10300HB3714ham001LRB103 28876 BMS 59656 a


2    AMENDMENT NO. ______. Amend House Bill 3714 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Language Assistance Services Act is
5amended by changing Sections 5, 10, and 15 as follows:
6    (210 ILCS 87/5)
7    Sec. 5. Legislative findings. The General Assembly finds
8and declares that Illinois is becoming a land of people whose
9languages and cultures give the state a global quality. The
10Legislature further finds and declares that access to basic
11health care services is the right of every individual living
12in resident of the State, and that access to information
13regarding basic health care services is an essential element
14of that right.
15    Therefore, it is the intent of the General Assembly that
16where language or communication barriers exist between



10300HB3714ham001- 2 -LRB103 28876 BMS 59656 a

1patients and the staff of a health facility, arrangements
2shall be made for a qualified medical interpreter in order to
3provide meaningful access for patients, or family members,
4caretakers, or decision makers of patients, who are limited
5English proficient or deaf or hard of hearing interpreters or
6bilingual professional staff to ensure adequate and speedy
7communication between patients and staff.
8(Source: P.A. 88-244.)
9    (210 ILCS 87/10)
10    Sec. 10. Definitions. As used in this Act:
11    "Department" means the Department of Public Health.
12    "Health facility" means a hospital licensed under the
13Hospital Licensing Act, a long-term care facility licensed
14under the Nursing Home Care Act, or a facility licensed under
15the ID/DD Community Care Act, the MC/DD Act, or the
16Specialized Mental Health Rehabilitation Act of 2013.
17    "Interpreter" means a person fluent in English and in the
18necessary language of the patient who can accurately speak,
19read, and readily interpret the necessary second language, or
20a person who can accurately sign and read sign language.
21Interpreters shall have the ability to translate the names of
22body parts and to describe completely symptoms and injuries in
23both languages. Interpreters may include members of the
24medical or professional staff.
25    "Language or communication barriers" means either of the



10300HB3714ham001- 3 -LRB103 28876 BMS 59656 a

2        (1) With respect to spoken language, barriers that are
3    experienced by limited-English-speaking or
4    non-English-speaking individuals who speak the same
5    primary language, if those individuals constitute at least
6    5% of the patients served by the health facility annually.
7        (2) With respect to sign language, barriers that are
8    experienced by individuals who are deaf or hard of hearing
9    and whose primary language is sign language.
10    "Limited English proficient" means a patient, or the
11family member, caretaker, or decision maker of a patient, who
12may have a limited ability to read, write, speak, or
13understand English.
14    "Health facility" means a hospital licensed under the
15Hospital Licensing Act, a long-term care facility licensed
16under the Nursing Home Care Act, or a facility licensed under
17the ID/DD Community Care Act, the MC/DD Act, or the
18Specialized Mental Health Rehabilitation Act of 2013.
19    "Meaningful access" means the provision of services in a
20manner that is equally accessible and meaningful to all
21individuals seeking services regardless of their ability to
22speak or understand English.
23    "Medical interpreter techniques competency" means:
24        (1) having received training that includes the
25    techniques and ethics of interpreting;
26        (2) the ability to speak, read, write, and understand



10300HB3714ham001- 4 -LRB103 28876 BMS 59656 a

1    English as well as another language other than English;
2        (3) having fundamental knowledge in both English and
3    the alternate language of any specialized terms, concepts,
4    and cultural awareness;
5        (4) understanding the role of culture in a health care
6    setting; and
7        (5) abiding by a code of medical interpreter standards
8    and professional ethics.
9    "Qualified medical interpreter" means a qualified
10individual with medical interpreter techniques competency to
11provide and facilitate oral communication between 2 or more
12conversing parties that do not speak each other's language and
13who is either proficient in 2 or more languages or an
14interpreter in American Sign Language (ASL) with appropriate
16(Source: P.A. 98-104, eff. 7-22-13; 99-180, eff. 7-29-15.)
17    (210 ILCS 87/15)
18    Sec. 15. Language assistance services.
19    (a) To ensure access to health care information and
20services for individuals who are limited English proficient,
21limited-English-speaking or non-English-speaking, and deaf or
22hard of hearing residents and deaf residents, a health
23facility must do the following:
24        (1) Adopt and review annually a policy for providing
25    language assistance services to patients with language or



10300HB3714ham001- 5 -LRB103 28876 BMS 59656 a

1    communication barriers. The policy shall include
2    procedures for providing, to the extent possible as
3    determined by the facility, the use of a qualified medical
4    an interpreter whenever a language or communication
5    barrier exists, except where the patient, after being
6    informed of the availability of the qualified medical
7    interpreter services service, chooses to use a family
8    member or friend who volunteers to interpret, which shall
9    be documented in the patient's medical chart. Employees of
10    a health facility have the right to use a qualified
11    medical interpreter for their own communication with a
12    limited English proficient patient if a conversation
13    between the limited English proficient patient and the
14    employee would be jeopardized by the use of the patient's
15    volunteer interpreter. The procedures shall be designed to
16    maximize efficient use of qualified medical interpreters
17    and minimize delays in the provision of qualified medical
18    providing interpreters to limited English proficient
19    patients. The procedures shall ensure insure, to the
20    extent possible as determined by the facility, that
21    qualified medical interpreters are available, either
22    in-person on the premises or accessible remotely by
23    telephone, 24 hours a day. The facility shall annually
24    transmit to the Department of Public Health a copy of the
25    updated policy regarding language assistance services and
26    shall include a description of the facility's process to



10300HB3714ham001- 6 -LRB103 28876 BMS 59656 a

1    ensure adequate and speedy communication between staff and
2    patients with language or communication barriers and shall
3    include a description of the facility's efforts to insure
4    adequate and speedy communication between patients with
5    language or communication barriers and staff.
6        (2) Develop, and post, either by physical or
7    electronic means, in conspicuous locations, notices that
8    advise patients and their families of the availability of
9    qualified medical interpreters, the procedure for
10    obtaining a qualified medical an interpreter, and the
11    telephone numbers to call for filing complaints concerning
12    qualified medical interpreter service problems, including,
13    but not limited to, a TTY or video relay service (VRS)
14    number for persons who are deaf or hard of hearing. The
15    notices shall be posted, at a minimum, in the emergency
16    room, the admitting area, the facility entrance, and the
17    outpatient areas area. Notices shall inform limited
18    English proficient and deaf or hard of hearing patients
19    that qualified medical interpreter services are available
20    upon on request, shall list the languages most commonly
21    encountered at the facility for which qualified medical
22    interpreter services are available, and shall instruct
23    patients to direct complaints regarding qualified medical
24    interpreter services to the Department of Public Health,
25    including the telephone numbers to call for that purpose.
26        (3) Notify the facility's employees of the language



10300HB3714ham001- 7 -LRB103 28876 BMS 59656 a

1    assistance services available at the facility and train
2    the employees them on how to access make those language
3    services available for limited English proficient and deaf
4    or hard of hearing to patients.
5        (4) If qualified medical interpreters of a specific
6    language are limited in availability, the health facility
7    shall not have fines and penalties imposed. Qualified
8    medical interpreters are limited in availability if a
9    facility attempts to contact at least 3 agencies offering
10    interpretation services, the agencies are unable to
11    provide qualified medical interpreters for the requested
12    language, and the facility documents the date, time, and
13    result of each attempt to acquire a qualified medical
14    interpreter for the patient's language.
15        (5) If a health facility contracts with a third party
16    for medical interpreter services and the third party
17    attests to the status of the provided interpreters as
18    qualified medical interpreters, then the health facility
19    shall not have fines and penalties imposed related to the
20    qualifications of the interpreter.
21    (b) In addition, a health facility may do one or more of
22the following:
23        (1) Identify and record a patient's primary or
24    preferred language and dialect on one or more of the
25    following: a patient medical chart, electronic medical
26    record, or hospital bracelet, bedside notice, or nursing



10300HB3714ham001- 8 -LRB103 28876 BMS 59656 a

1    card.
2        (2) Prepare and maintain, as needed, a list of contact
3    information for American Sign Language (ASL) interpreter
4    providers or individuals interpreters who have been
5    identified as being as proficient in sign language as a
6    person with a master's level proficient in sign language,
7    according to the Interpreter for the Deaf Licensure Act of
8    2007, as well as and a list of the languages of the
9    population of the geographical area served by the
10    facility.
11        (3) Review all standardized written forms, waivers,
12    documents, and informational materials available to
13    limited English proficient patients on admission to
14    determine documents that may require translation which to
15    translate into languages other than English.
16        (4) (Blank). Consider providing its nonbilingual staff
17    with standardized picture and phrase sheets for use in
18    routine communications with patients who have language or
19    communication barriers.
20        (5) Develop community liaison groups to enable the
21    facility and the limited English proficient
22    limited-English-speaking, non-English-speaking, and deaf
23    or hard of hearing communities to ensure the adequacy of
24    the qualified medical interpreter services.
25(Source: P.A. 102-4, eff. 4-27-21.)".