HB1013 95TH GENERAL ASSEMBLY

LRB095 08234 DRJ 29636 b

95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB1013

Introduced 2/8/2007, by Rep. Elizabeth Hernandez

SYNOPSIS AS INTRODUCED:

New Act
210 ILCS 87/15

Creates the Access to Governmental Services Act. Provides that each State agency, constitutional officer, State program, and circuit clerk shall take reasonable steps to provide equal access to public services for individuals with limited English proficiency. Provides that such reasonable steps include (1) having a sufficient number of qualified bilingual persons in public contact positions or as interpreters and (2) translating important documents ordinarily provided to the public into any language spoken by any limited-English-proficient population that constitutes at least a certain percentage of the population served. Requires the Illinois Human Rights Commission to implement a process to address disputes arising under the Act. Creates the State Language Assistance/Translator Services Clearinghouse within the Department of Central Management Services to assist in preparing, review, and approve, as to language-appropriateness, materials distributed to the public by State agencies and policy and procedure manuals used by State agencies in delivering services to the public. Amends the Language Assistance Services Act. Provides that a health facility (i) must adopt and review annually a policy for providing language assistance services and (ii) must provide its nonbilingual staff with standardized picture and phrase sheets (instead of having those 2 activities as options). Provides that a health facility must also do at least one of the remaining 7 specified activities (instead of must do one or more of 9 specified activities).

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Access to Governmental Services Act.

Section 5. Definitions. In this Act:

"Equal access" means to be informed of, participate in, and benefit from public services offered by a State agency, circuit court, constitutional office, or State program at a level equal to individuals who do not have limited English proficiency.

"Important documents" means application or informational materials, websites, notices, and complaint forms offered by State agencies, constitutional officers, circuit court clerks, and State programs, as defined by rule by the appropriate State agency, constitutional officer, circuit court clerk, or State program. "Important documents" does not include applications and examinations related to the licensure, certification, or registration of businesses and professionals.

"Limited English proficiency" means:

(1) indicated on the U.S. Census as speaking a language other than English and speaking English "not well" or "not at all"; or

(2) the inability to adequately understand or express oneself in the spoken or written English language.

"State program" means any program administered by a State agency, but does not include any program administered, in whole or in part, by a unit of local government or a school district, regardless of whether State funds are expended under the program.

"Sufficient number of qualified bilingual persons in public contact positions" means the number of qualified bilingual persons required in order to provide the same level of service to non-English-speaking persons as is available to English-speaking persons seeking the same service.

Section 10. Language access required; State agencies, officers, and programs.

(a) Each State agency, constitutional officer, and State program shall take reasonable steps to provide equal access to public services for individuals with limited English proficiency. Those reasonable steps to provide equal access to public services include, but are not limited to, the following:

(1) Having a sufficient number of qualified bilingual persons in public contact positions or as interpreters to assist persons in public contact positions in providing services to individuals with limited English proficiency when there is a documented substantial need due to the nature or extent of contact between a State agency, constitutional officer, or State program and individuals with limited English proficiency.

(2) Translating important documents ordinarily provided to the public into any language spoken by any limited-English-proficient population that constitutes at least 3% of the overall population of the State, as measured by the U.S. Census.

(b) Nothing in this Act requires an executive branch State agency to establish an office in a county where it would not otherwise maintain an office.

Section 15. Language access required; circuit clerks. Each circuit court clerk shall take reasonable steps to provide equal access to public services for individuals with limited English proficiency. Those reasonable steps to provide equal access to public services include, but are not limited to, the following:

(1) Having a sufficient number of qualified bilingual persons in public contact positions or as interpreters to assist persons in public contact positions in providing services to individuals with limited English proficiency when there is a documented substantial need due to the nature or extent of contact between the circuit court clerk and individuals with limited English proficiency.

(2) Translating important documents ordinarily provided to the public into any language spoken by any limited-English-proficient population that constitutes more than 5% of all residents of the county in which the circuit clerk serves, as measured by the U.S. Census.

Section 20. Rules. Each State agency, constitutional officer, circuit court clerk, and State program shall adopt rules regarding the requirements of this Act not less than 6 months after the effective date of this Act, or as soon thereafter as possible.

Section 25. Disputes; Illinois Human Rights Commission. The Illinois Human Rights Commission shall implement a process to address disputes arising under this Act, including, but not limited to, disputes concerning the interpretation of "important documents" and "sufficient number of qualified bilingual persons in public contact positions" and agency determinations of the offices where the services are provided. The Commission shall implement this process not less than 6 months after the effective date of this Act, or as soon thereafter as possible.

Section 30. State Language Assistance/Translator Services Clearinghouse. The State Language Assistance/Translator Services Clearinghouse is created within the Department of Central Management Services to assist in preparing, review, and approve, as to language-appropriateness, brochures and other materials distributed to the public by State agencies and policy and procedure manuals used by State agencies in delivering services to the public. The purpose of the clearinghouse is to ensure the accuracy and effectiveness of such materials and manuals.

Section 90. The Language Assistance Services Act is amended by changing Section 15 as follows:

(210 ILCS 87/15)

Sec. 15. Language assistance services. To insure access to health care information and services for limited-English-speaking or non-English-speaking residents and deaf residents, a health facility must do both one or more of the following:

(1) Adopt and review annually a policy for providing language assistance services to patients with language or communication barriers. The policy shall include procedures for providing, to the extent possible as determined by the facility, the use of an interpreter whenever a language or communication barrier exists, except where the patient, after being informed of the availability of the interpreter service, chooses to use a family member or friend who volunteers to interpret. The procedures shall be designed to maximize efficient use of interpreters and minimize delays in providing interpreters to patients. The procedures shall insure, to the extent possible as determined by the facility, that interpreters are available, either on the premises or accessible by telephone, 24 hours a day. The facility shall annually transmit to the Department of Public Health a copy of the updated policy and shall include a description of the facility's efforts to insure adequate and speedy communication between patients with language or communication barriers and staff. Review existing policies regarding interpreters for patients with limited English proficiency and for patients who are deaf, including the availability of staff to act as interpreters.

(2) Provide its nonbilingual staff with standardized picture and phrase sheets for use in routine communications with patients who have language or communication barriers. Adopt and review annually a policy for providing language assistance services to patients with language or communication barriers. The policy shall include procedures for providing, to the extent possible as determined by the facility, the use of an interpreter whenever a language or communication barrier exists, except where the patient, after being informed of the availability of the interpreter service, chooses to use a family member or friend who volunteers to interpret. The procedures shall be designed to maximize efficient use of interpreters and minimize delays in providing interpreters to patients. The procedures shall insure, to the extent possible as determined by the facility, that interpreters are available, either on the premises or accessible by telephone, 24 hours a day. The facility shall annually transmit to the Department of Public Health a copy of the updated policy and shall include a description of the facility's efforts to insure adequate and speedy communication between patients with language or communication barriers and staff.

In addition, a health facility must do at least one of the following:

(A) Review existing policies regarding interpreters for patients with limited English proficiency and for patients who are deaf, including the availability of staff to act as interpreters.

(B) (3) Develop, and post in conspicuous locations, notices that advise patients and their families of the availability of interpreters, the procedure for obtaining an interpreter, and the telephone numbers to call for filing complaints concerning interpreter service problems, including, but not limited to, a T.D.D. number for the hearing impaired. The notices shall be posted, at a minimum, in the emergency room, the admitting area, the facility entrance, and the outpatient area. Notices shall inform patients that interpreter services are available on request, shall list the languages for which interpreter services are available, and shall instruct patients to direct complaints regarding interpreter services to the Department of Public Health, including the telephone numbers to call for that purpose.

(C) (4) Identify and record a patient's primary language and dialect on one or more of the following: a patient medical chart, hospital bracelet, bedside notice, or nursing card.

(D) (5) Prepare and maintain, as needed, a list of interpreters who have been identified as proficient in sign language and in the languages of the population of the geographical area served by the facility who have the ability to translate the names of body parts, injuries, and symptoms.

(E) (6) Notify the facility's employees of the facility's commitment to provide interpreters to all patients who request them.

(F) (7) Review all standardized written forms, waivers, documents, and informational materials available to patients on admission to determine which to translate into languages other than English.

(8) Consider providing its nonbilingual staff with standardized picture and phrase sheets for use in routine communications with patients who have language or communication barriers.

(G) (9) Develop community liaison groups to enable the facility and the limited-English-speaking, non-English-speaking, and deaf communities to insure the adequacy of the interpreter services.

(Source: P.A. 93-564, eff. 1-1-04.)