Enacts the "Equal Access to Health and Human Services for Limited English Speaking Individuals" act

Section 2. Creates Article 14-A of the public health law: "Equal Access to Health and Human Services for Limited English Speaking Individuals."

Definitions.

Requires an agency or agency contractor to prove language assistance services free of charge to individuals with limited English language proficiency.

Requires an agency or agency contractor, upon initial contact by an individual, to notify such individual regarding the right to free language assistance services, upon determination that the individual's primary language is not English.

Requires an agency or agency contractor to determine, within one hundred eighty days after the effective date of this article, to determine the primary language of each individual currently receiving services or benefits. If it is determined that such individual's primary language is not English, then the agency or agency contractor shall inform the individual of his or her right to free language assistance services.

Requires each agency and agency contractor at all sites in which services are offered to the public to post signs in Albanian, Arabic, Bengali, Cantonese, Creole, French, German, Greek, Hebrew, Hindi, Italian, Khmer, Korean, Mandarin, Polish, Punjabi (Gurmukhi), Serbo-Croatian, Spanish, Russian, Urdu, Vietnamese and Yiddish that free language assistance services are available.

Requires records to be kept regarding the primary language of individuals seeking services, whether or not services are provided.

Requires Level I language assistance services to be provided immediately, if on an annual basis, one hundred or more limited English proficient individuals belonging to the same primary language group seek or receive services from the agency or agency contractor.

Requires Level I language assistance services to be provided within twenty-four hours, if on an annual basis, twenty-five but no more than ninety-nine limited English proficient individuals belonging to the same primary language group seek or receive services from the agency or agency contractor.

Requires either Level I or Level II language assistance services to be provided within twenty-four hours, if on an annual basis, fewer than twenty-five individuals belonging to the same primary language group seek or receive services from the agency or agency contractor. Requires the agency or agency contractor, within ninety days after the effective date of this article, to determine the number of limited English proficient individuals for each primary language group seeking or receiving services, in order to project the annual number of such individuals in need of language assistance services.

Specifies that English versions of all documents shall include the following statement: "IMPORTANT: This document contains important information about your benefits. We will translate this document for you free of charge" and that such statement be in ten-point type in Albanian, Arabic, Bengali, Cantonese, Creole, French, German, Greek, Hebrew, Hindi, Italian, Khmer, Korean, Mandarin, Polish, Punjabi (Gurmukhi), Serbo-Croatian, Spanish, Russian, Urdu, Vietnamese and Yiddish.

Requires an agency or an agency contractor to provide screening and training before bilingual or interpreter personnel provide language assistance services. Requires annual training for such personnel.

Requires language assistance services to be performed by employees of such agency.

Requires annual audits by the comptroller to determine the effectiveness of language assistance services.

Allows an individual to commence a civil claim within one year, if an agency or agency contractor fails to provide language assistance services as required by this article.

Requires each agency to promulgate necessary rules in order to implement the provisions of this article.

Section 3. Effective Date.

Justification

The Federal Department of Health and Human Services, Office of Civil Rights, which is responsible for enforcing Title VI of the Civil Rights Act of 1964 in Department of Health and Human Services Programs, determined that the New York State Department of Temporary and Disability Assistance, the New York State Department of Health, the New York City Human Resources Administration and the Departments of Social Services in Nassau and Suffolk Counties were in violation of Title VI based upon the State and Counties' failure to provide interpretation services for limited English proficient individuals. The Office of Civil Rights found that limited English proficient individuals applying for benefits such as Food Stamps and Public Assistance for children and Medicaid benefits were routinely unable to access these benefits due to their inability to speak English. The inability to access these services and the failure to provide language assistance services is a violation of Title VI by discriminating against individuals based on their national origin.

This bill will serve a twofold purpose: 1) it will ensure that New York State is in compliance with federal law by ensuring access to programs that receive federal assistance and, 2) it will ensure access to health and human services to individuals whose primary language is not English by requiring language assistance services to those individuals.

Legislative history

2006: S.2869; 2008: S.2481

Fiscal implications

None to the State.

Local fiscal implications

None.

Effective date

This act shall take effect on the one hundred eightieth day after it shall have become a law.