Provides Medicaid reimbursement for interpretation services provided by hospital inpatient and outpatient departments

BILL NUMBER:S3188A

Title of bill

An act to amend the public health law and the social services law, in relation to providing Medicaid reimbursement for interpretation services provided by hospital inpatient and outpatient departments

Purpose

This bill would provide for Medical Assistance reimbursement of the costs associated with language interpretation services for patients in hospital inpatient, outpatient, and emergency department settings and in diagnostic and treatment centers.

§ 1. This section requires an adjustment to Medical Assistance rates of payment for inpatient services to provide reimbursement for the costs of interpretation services for patients with limited English proficiency and defines "limited English proficiency."

§ 2. This section requires an adjustment to Medical Assistance rates of payment for hospital outpatient and emergency services to provide reimbursement for the costs of interpretation services for patients with limited English proficiency and defines "limited English proficiency."

§ 3. This section requires an adjustment to Medical Assistance rates of payment for diagnostic and treatment centers to provide reimbursement for the costs of interpretation services for patients with limited English proficiency. This section also defines "limited English proficiency."

§ 4. This section provides for the adjustment in rates of payment for interpretation services in the context of the prospective Payment system for federally-qualified health centers.

§ 5. This section provides for the State to pick up the entire non Federal cost of interpretation services to Medical Assistance recipients.

§ 6. This section suspends rate adjustment notice requirements.

Justification

Federal, State and New York city laws require health care providers to make language assistance services available to their patients with limited English proficiency ("LEP patients"). Federal matching funds are available to states that opt to provide reimbursement for these services under Medicaid. Five states have already established mechanisms to obtain federal matching funds for language assistance services. This bill would enable New York to take advantage of these federal Medicaid funds for the provision of language assistance to LEP Patients.

In light of the diversity of New York's population, these funds are essential to ensure access to appropriate health care services for all Medicaid beneficiaries. There are approximately 4.2 million foreign-born New Yorkers, and New York ranks fourth among all states in terms of the percentage of its population that speaks a language other than English.

Absent adequate interpretation services, many of these New Yorkers face barriers to health care that can lead to negative health outcomes. Language barriers have been shown to prevent LEP patients from accessing care, particularly primary and preventive care. Even when an individual does seek care, the use of inexperienced interpreters, such as children or other family members, can have severe health consequences including missed diagnoses, unnecessary surgeries and improper use of medication.

Failure to seek primary and preventive care, and the medical errors that result from faulty interpretation, have serious and expensive consequences for the State and its residents.

Legislative history

2011-2012: S.1128 - Health 2010: S.7290 Referred to Health 2009: S.2759 Referred to Health 2008: S.3886-A Referred to Health

Fiscal implications

To be determined.

Effective date

This act shall take effect on the one hundred twentieth day after it shall have become a law, provided that the commissioner of health is immediately authorized and directed to promulgate, amend and/or repeal any rules and regulations necessary to implement the provisions of this act on its effective date.