What's happening
This bill requires Medicaid reimbursement for interpretation services provided in hospitals and treatment centers to patients with limited English proficiency.
Why it matters
Reduces language barriers in health care. , ensuring that Medicaid patients who are not fluent in English have access to professional interpretation for all hospital, outpatient, and treatment center services. This can lead to better patient understanding, adherence to treatment, and improved health outcomes.
Mandates documentation and quality standards. for interpretation services, requiring interpreters in clinical encounters to be trained in medical terminology, ethics, and techniques, which helps ensure accurate and confidential communication.
Limits the use of untrained interpreters. by disallowing Medicaid reimbursement when patients opt for family or friends as interpreters after being informed of their right to free, qualified services—helping to minimize potential errors and protect patient privacy.
Addresses health care equity and compliance. by supporting hospitals and treatment centers in meeting federal and state requirements for language access, potentially reducing health disparities for New Yorkers with limited English proficiency.
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Who cares
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Fund Hospital Interpreter Services
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History
- Referred to health
- Referred to health
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3419
2017-2018 Regular Sessions
IN SENATE
January 23, 2017
Introduced by Sen. PARKER -- read twice and ordered printed, and when printed to be committed to the Committee on Health
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
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 2807-c of the public health law is amended by adding a new subdivision 34 to read as follows:
34. Interpretation services. (a) Notwithstanding any provision of law, rule or regulation to the contrary, the commissioner shall adjust inpatient medical assistance rates of payment to provide reimbursement for the costs associated with the provision of interpretation services for patients in receipt of medical assistance who have limited English proficiency. Reimbursement shall be available for the costs associated with the provision of interpretation services at all locations during all times that patient care is available, including but not limited to health care, billing and making appointments. To be eligible for reimbursement, the provision of interpretation services must be documented in such a manner as to enable reporting to and audit by the commissioner.
(b) Such adjustment shall be made for discharges on and after the first of April, two thousand nineteen.
(c) For purposes of this subdivision, "patients with limited English proficiency" means patients whose primary language is not English and who cannot speak, read, write or understand the English language at a level sufficient to permit such patients to interact effectively with health care providers and their staff.
(d) For the purposes of this subdivision, "interpretation services" refers to language assistance services provided by individuals with proven bilingual skills in both English and the relevant language to
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07487-01-7
S. 3419 2
communicate information necessary for the patient to access services and, in the case of interpretation services provided during the course of a clinical encounter, services provided by individuals trained and skilled in medical interpreting techniques, ethics and terminology.
§ 2. Paragraph (g) of subdivision 2 of section 2807 of the public health law is amended by adding a new subparagraph (iii) to read as follows:
(iii) Notwithstanding any provision of law, rule or regulation to the contrary, the commissioner shall adjust rates of payment for general hospital outpatient and emergency services to provide reimbursement for the costs associated with the provision of interpretation services for patients in receipt of medical assistance who have limited English proficiency. Such adjustment shall be made for outpatient and emergency services provided on and after April first, two thousand nineteen. Reimbursement shall be available for the costs associated with the provision of interpretation services at all locations during all times that patient care is available, including but not limited to health care, billing and making appointments. To be eligible for reimbursement, the provision of interpretation services must be documented in such a manner as to enable reporting to and audit by the commissioner. For the purposes of this subparagraph, "patients with limited English proficiency" means patients whose primary language is not English and who cannot speak, read, write or understand the English language at a level sufficient to permit such patients to interact effectively with health care providers and their staff. For purposes of this subdivision, "interpretation services" refers to language assistance services provided by individuals with sufficient fluency in both English and the relevant language to communicate information necessary for the patient to access services and, in the case of interpretation provided during the course of a clinical encounter, services provided by individuals trained and skilled in medical interpreting techniques, skills, ethics and terminology. Hospitals must use a skilled interpreter or translation service until such time as rules and regulations are promulgated by the commissioner. After such rules and regulations are promulgated, hospitals shall use individuals who meet such criteria in order to receive reimbursement. No reimbursement shall be provided when a patient who has been informed in his or her primary language of the availability of free interpretation and translation services requests the use of family, friends or others who are not formally trained in translation or interpretation.
§ 3. Section 2807 of the public health law is amended by adding a new subdivision 23 to read as follows:
23. Notwithstanding any provision of law, rule or regulation to the contrary, the commissioner shall adjust rates of payment for diagnostic and treatment centers licensed pursuant to this article to provide reimbursement for the costs associated with the provision of interpretation services for patients in receipt of medical assistance who have limited English proficiency. Such adjustments shall be made for services provided at diagnostic and treatment centers licensed pursuant to this article on and after April first, two thousand nineteen. Reimbursement shall be available for the costs associated with the provision of interpretation services at all locations during all times that patient care is available, including but not limited to health care, billing and making appointments. To be eligible for reimbursement, the provision of interpretation services must be documented in such a manner as to enable reporting to and audit by the commissioner.
S. 3419 3
For the purposes of this subdivision, "patients with limited English proficiency" means patients whose primary language is not English and who cannot speak, read, write or understand the English language at a level sufficient to permit such patients to interact effectively with health care providers and their staff. For the purposes of this subdivision, "interpretation services" refers to language assistance services provided by individuals with sufficient fluency in both English and the relevant language to communicate information necessary for the patient to access services and, in the case of interpretation provided during the course of a clinical encounter, services provided by individuals trained and skilled in medical interpreting techniques, skills, ethics and terminology.
§ 4. Subdivision 8 of section 2807 of the public health law is amended by adding a new paragraph (g) to read as follows:
(g) Subject to receipt of all necessary federal approvals, rates of payment computed in accordance with this subdivision shall be further adjusted in accordance with the provisions of subdivision twenty of this section.
§ 5. Subdivision 1 of section 368-a of the social services law is amended by adding a new paragraph (aa) to read as follows:
(aa) Notwithstanding any provision of law to the contrary, the full amount expended for interpretation services provided pursuant to subdivision thirty-four of section twenty-eight hundred seven-c of the public health law, or subparagraph (iii) of paragraph (g) of subdivision two of section twenty-eight hundred seven of the public health law, or subdivision twenty-three of section twenty-eight hundred seven of the public health law, after first deducting therefrom federal funds properly received or to be received on account of such expenditures.
§ 6. Notwithstanding any provision of law, rule or regulation to the contrary, the effectiveness of subdivisions 4, 7, 7-a, and 7-b of section 2807 of the public health law, and section 18 of chapter 2 of the laws of 1988, as they relate to time frames for notice, approval or certification of rates of payment, and to the requirement of prior notice of rates of payment, are hereby suspended and shall for purposes of implementing the provisions of this act be deemed to have been without any force and effect from and after February 1, 2019 for such rates effective for the period April 1, 2019 through March 31, 2020.
§ 7. 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.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
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
2015-16: S.3974A - Amend and Recommit to Health 2013-14: S.3188A - Amend and Recommit to Health 2011-12: S.1128 - Referred to Health 2010: S.7290 - 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.
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