Full Text of HB3286 102nd General Assembly
HB3286eng 102ND GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning regulation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Language Assistance Services Act is amended | 5 | | by changing Sections 5, 10, and 15 as follows:
| 6 | | (210 ILCS 87/5)
| 7 | | Sec. 5. Legislative findings. The General Assembly finds | 8 | | and declares
that Illinois is becoming a land
of people whose | 9 | | languages and cultures give the state a global quality. The
| 10 | | Legislature further finds and declares that access to basic | 11 | | health care
services is the right of every individual living | 12 | | in resident of the State, and that access to
information | 13 | | regarding basic health care services is an essential element | 14 | | of
that right.
| 15 | | Therefore, it is the intent of the General Assembly that | 16 | | where language or
communication barriers exist between | 17 | | patients and the staff of a health
facility, arrangements | 18 | | shall be made for a qualified medical interpreter in order to | 19 | | provide meaningful access for patients, or family members, | 20 | | caretakers, or decision makers of patients, who are limited | 21 | | English proficient or deaf or hard of hearing interpreters or | 22 | | bilingual
professional staff to ensure adequate and speedy | 23 | | communication between patients
and staff .
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| 1 | | (Source: P.A. 88-244.)
| 2 | | (210 ILCS 87/10)
| 3 | | Sec. 10. Definitions. As used in this Act:
| 4 | | "Department" means the Department of Public Health.
| 5 | | "Health facility" means a hospital licensed under the | 6 | | Hospital Licensing Act, a long-term care facility licensed | 7 | | under the Nursing Home Care Act, or a facility licensed under | 8 | | the ID/DD Community Care Act, the MC/DD Act, or the | 9 | | Specialized Mental Health Rehabilitation Act of 2013. | 10 | | "Interpreter" means a person fluent in English and in the | 11 | | necessary
language of the patient who can accurately speak, | 12 | | read, and readily interpret
the necessary second language, or | 13 | | a person who can accurately sign and read
sign language. | 14 | | Interpreters shall have the ability to translate the names of
| 15 | | body parts and to describe completely symptoms and injuries in | 16 | | both languages.
Interpreters may include members of the | 17 | | medical or professional staff.
| 18 | | "Language or communication barriers" means either of the | 19 | | following:
| 20 | | (1) With respect to spoken language, barriers that are | 21 | | experienced by
limited-English-speaking or | 22 | | non-English-speaking
individuals who speak the same
| 23 | | primary language, if those individuals constitute at least | 24 | | 5% of the
patients served by the health facility annually.
| 25 | | (2) With respect to sign language, barriers that are |
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| 1 | | experienced by
individuals who are deaf and whose primary | 2 | | language is sign language.
| 3 | | "Limited English proficient" means a patient, or the | 4 | | family member, caretaker, or decision maker of a patient, who | 5 | | may have a limited ability to read, write, speak, or | 6 | | understand English. | 7 | | "Health facility" means a hospital licensed under the | 8 | | Hospital Licensing Act,
a long-term care facility licensed | 9 | | under the Nursing Home Care Act, or a facility licensed under | 10 | | the ID/DD Community Care Act, the MC/DD Act, or the | 11 | | Specialized Mental Health Rehabilitation Act of 2013. | 12 | | "Meaningful access" means the provision of services in a | 13 | | manner that is equally accessible and meaningful to all | 14 | | individuals seeking services regardless of their ability to | 15 | | speak or understand English. | 16 | | "Medical interpreter techniques competency" means: | 17 | | (1) having received training that includes the | 18 | | techniques and ethics of interpreting; | 19 | | (2) the ability to speak, read, write, and understand | 20 | | English as well as another language other than English; | 21 | | (3) having fundamental knowledge in both English and | 22 | | the alternate language of any specialized terms, concepts, | 23 | | and cultural awareness; | 24 | | (4) understanding the role of culture in a health care | 25 | | setting; and | 26 | | (5) abiding by a code of medical interpreter standards |
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| 1 | | and professional ethics. | 2 | | "Qualified medical interpreter" means a qualified | 3 | | individual with medical interpreter techniques competency to | 4 | | provide and facilitate oral communication between 2 or more | 5 | | conversing parties that do not speak each other's language and | 6 | | who is either proficient in 2 or more languages or an | 7 | | interpreter in American Sign Language (ASL) with appropriate | 8 | | licensure.
| 9 | | (Source: P.A. 98-104, eff. 7-22-13; 99-180, eff. 7-29-15.)
| 10 | | (210 ILCS 87/15)
| 11 | | Sec. 15. Language assistance services. | 12 | | (a) To ensure access to
health care information and | 13 | | services for individuals who are limited English proficient,
| 14 | | limited-English-speaking or non-English-speaking , and deaf or | 15 | | hard of hearing residents and deaf residents ,
a health | 16 | | facility must do the following:
| 17 | | (1) Adopt and review annually a policy for providing | 18 | | language assistance
services to patients with language or | 19 | | communication barriers. The policy shall
include | 20 | | procedures for providing, to the extent possible as | 21 | | determined by the
facility, the use of a qualified medical | 22 | | an interpreter whenever a language or communication
| 23 | | barrier
exists, except where the patient, after being | 24 | | informed of the availability of
the qualified medical | 25 | | interpreter services service , chooses to use a family |
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| 1 | | member or friend who
volunteers to interpret , which shall | 2 | | be documented in the patient's medical chart . Employees of | 3 | | a health facility have the right to use a qualified | 4 | | medical interpreter for their own communication with a | 5 | | limited English proficient patient if a conversation | 6 | | between the limited English proficient patient and the | 7 | | employee would be jeopardized by the use of a volunteer | 8 | | interpreter. The procedures shall be designed to maximize
| 9 | | efficient use of qualified medical interpreters and | 10 | | minimize delays in the provision of qualified medical | 11 | | providing interpreters to limited English proficient
| 12 | | patients. The procedures shall ensure insure , to the | 13 | | extent possible as determined
by the facility, that
| 14 | | qualified medical interpreters are available, either on | 15 | | the premises or accessible by telephone,
24 hours a day. | 16 | | The facility shall annually transmit to the Department of
| 17 | | Public Health a
copy of the updated policy regarding | 18 | | language assistance services and shall include a | 19 | | description of the facility's process to ensure adequate | 20 | | and speedy communication between staff and patients with | 21 | | language or communication barriers and shall include a | 22 | | description of the facility's
efforts to
insure adequate | 23 | | and speedy communication between patients with language or
| 24 | | communication barriers and staff .
| 25 | | (2) Develop, and post in conspicuous locations, | 26 | | notices that advise patients
and their families of the |
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| 1 | | availability of qualified medical interpreters, the | 2 | | procedure for
obtaining a qualified medical an | 3 | | interpreter, and the telephone numbers to call for filing
| 4 | | complaints concerning qualified medical interpreter | 5 | | service problems, including, but not limited
to, a
TTY or | 6 | | video relay service (VRS) number for persons who are deaf | 7 | | or hard of hearing. The notices shall be posted, at a
| 8 | | minimum, in the emergency room, the admitting area, the | 9 | | facility entrance, and
the
outpatient areas area . Notices | 10 | | shall inform limited English proficient and deaf or hard | 11 | | of hearing patients that qualified medical interpreter | 12 | | services are
available upon on request, shall list the | 13 | | languages most commonly encountered at the facility for | 14 | | which qualified medical interpreter services
are | 15 | | available, and shall instruct patients to direct | 16 | | complaints regarding qualified medical
interpreter | 17 | | services to the Department of Public Health, including the
| 18 | | telephone
numbers to call for that purpose.
| 19 | | (3) Notify the facility's employees of the language | 20 | | assistance services available at the facility and train | 21 | | the employees them on how to access make those language | 22 | | services available for limited English proficient and deaf | 23 | | or hard of hearing to patients.
| 24 | | (b) In addition, a health facility may do one or more of | 25 | | the following: | 26 | | (1) Identify and record a patient's primary or |
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| 1 | | preferred language and dialect on one or more of the | 2 | | following: a patient medical chart, electronic medical | 3 | | record, or hospital bracelet, bedside notice , or nursing | 4 | | card . | 5 | | (2) Prepare and maintain, as needed, a list of contact | 6 | | information for American Sign Language (ASL) interpreter | 7 | | providers or individuals interpreters who have been | 8 | | identified as being as proficient in sign language as a | 9 | | person with a master's level proficient in sign language, | 10 | | according to the Interpreter for the Deaf Licensure Act of | 11 | | 2007 , as well as and a list of the languages of the | 12 | | population of the geographical area served by the | 13 | | facility.
| 14 | | (3) Review all standardized written forms, waivers, | 15 | | documents, and
informational materials available to | 16 | | limited English proficient patients on admission to | 17 | | determine documents that may require translation which
to | 18 | | translate into languages other than English .
| 19 | | (4) (Blank). Consider providing its nonbilingual staff | 20 | | with standardized picture and
phrase sheets for use in | 21 | | routine communications with patients who have language
or | 22 | | communication barriers.
| 23 | | (5) Develop community liaison groups to enable the | 24 | | facility and the limited English proficient
| 25 | | limited-English-speaking , non-English-speaking, and deaf | 26 | | or hard of hearing communities to ensure
the adequacy of |
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| 1 | | the qualified medical
interpreter services.
| 2 | | (Source: P.A. 98-756, eff. 7-16-14.)
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