HB1072 95TH GENERAL ASSEMBLY


 


 
95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB1072

 

Introduced 2/8/2007, by Rep. William Davis

 

SYNOPSIS AS INTRODUCED:
 
210 ILCS 87/15

    Amends the Language Assistance Act. Makes changes in the list of things a health facility must do to ensure access to health care information and services for limited-English-speaking or non-English-speaking residents and deaf residents. Provides that a facility must do all (instead of 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; (2) develop and post notices that advise patients and their families of the availability of interpreters; and (3) notify the facility's employees of the language services available at the facility and train them on how to make these language services available to patients. Provides that, in addition, a facility may do one or more of the following: (i) review existing policies regarding interpreters; (ii) adopt a policy for language assistance services that includes certain procedures; (iii) identify and record a patient's primary language and dialect; (iv) prepare a list of interpreters; (v) review standardized forms and other materials; (vi) consider providing its nonbilingual staff with standardized picture and phrase sheets; and (vii) develop community liaison groups. Effective immediately.


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FISCAL NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

 

 

A BILL FOR

 

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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 Section 15 as follows:
 
6     (210 ILCS 87/15)
7     Sec. 15. Language assistance services.
8     (a) To insure access to health care information and
9 services for limited-English-speaking or non-English-speaking
10 residents and deaf residents, a health facility must do one or
11 more of the following:
12         (1) Review existing policies regarding interpreters
13     for patients with limited English proficiency and for
14     patients who are deaf, including the availability of staff
15     to act as interpreters.
16         (1) (2) Adopt and review annually a policy for
17     providing language assistance services to patients with
18     language or communication barriers. The policy shall
19     include procedures for providing, to the extent possible as
20     determined by the facility, the use of an interpreter
21     whenever a language or communication barrier exists,
22     except where the patient, after being informed of the
23     availability of the interpreter service, chooses to use a

 

 

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1     family member or friend who volunteers to interpret. The
2     procedures shall be designed to maximize efficient use of
3     interpreters and minimize delays in providing interpreters
4     to patients. The procedures shall insure, to the extent
5     possible as determined by the facility, that interpreters
6     are available, either on the premises or accessible by
7     telephone, 24 hours a day. The facility shall annually
8     transmit to the Department of Public Health a copy of the
9     updated policy and shall include a description of the
10     facility's efforts to insure adequate and speedy
11     communication between patients with language or
12     communication barriers and staff.
13         (2) (3) Develop, and post in conspicuous locations,
14     notices that advise patients and their families of the
15     availability of interpreters, the procedure for obtaining
16     an interpreter, and the telephone numbers to call for
17     filing complaints concerning interpreter service problems,
18     including, but not limited to, a T.D.D. number for the
19     hearing impaired. The notices shall be posted, at a
20     minimum, in the emergency room, the admitting area, the
21     facility entrance, and the outpatient area. Notices shall
22     inform patients that interpreter services are available on
23     request, shall list the languages for which interpreter
24     services are available, and shall instruct patients to
25     direct complaints regarding interpreter services to the
26     Department of Public Health, including the telephone

 

 

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1     numbers to call for that purpose.
2         (4) Identify and record a patient's primary language
3     and dialect on one or more of the following: a patient
4     medical chart, hospital bracelet, bedside notice, or
5     nursing card.
6         (5) Prepare and maintain, as needed, a list of
7     interpreters who have been identified as proficient in sign
8     language and in the languages of the population of the
9     geographical area served by the facility who have the
10     ability to translate the names of body parts, injuries, and
11     symptoms.
12         (3) (6) Notify the facility's employees of the language
13     assistance services available at the facility and train
14     them on how to make these language assistance services
15     available to patients facility's commitment to provide
16     interpreters to all patients who request them.
17     (b) In addition to the requirements imposed under
18 subsection (a), a health facility may do one or more of the
19 following:
20         (1) Review existing policies regarding interpreters
21     for patients with limited English proficiency and for
22     patients who are deaf, including the availability of staff
23     to act as interpreters.
24         (2) Adopt a policy for language assistance services
25     that shall include procedures for providing, to the extent
26     possible as determined by the facility, the use of an

 

 

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1     interpreter whenever a language or communication barrier
2     exists, except when the patient, after being informed of
3     the availability of the interpreter service, chooses to use
4     a family member or friend who volunteers to interpret. The
5     procedures shall be designed to maximize efficient use of
6     interpreters and minimize delays in providing interpreters
7     to patients. The procedures shall ensure, to the extent
8     possible as determined by the facility, that interpreters
9     are available, either on the premises or accessible by
10     telephone, 24 hours a day and shall include a description
11     of the facility's efforts to ensure adequate and speedy
12     communication between patients with language or
13     communication barriers and staff.
14         (3) Identify and record a patient's primary language
15     and dialect on one or more of the following: a patient
16     medical chart, hospital bracelet, bedside notice, or
17     nursing card.
18         (4) Prepare and maintain, as needed, a list of
19     interpreters who have been identified as proficient in sign
20     language and in the languages of the population of the
21     geographical area served by the facility who have the
22     ability to translate the names of body parts, injuries, and
23     symptoms.
24         (5) (7) Review all standardized written forms,
25     waivers, documents, and informational materials available
26     to patients on admission to determine which to translate

 

 

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1     into languages other than English.
2         (6) (8) Consider providing its nonbilingual staff with
3     standardized picture and phrase sheets for use in routine
4     communications with patients who have language or
5     communication barriers.
6         (7) (9) Develop community liaison groups to enable the
7     facility and the limited-English-speaking,
8     non-English-speaking, and deaf communities to insure the
9     adequacy of the interpreter services.
10 (Source: P.A. 93-564, eff. 1-1-04.)
 
11     Section 99. Effective date. This Act takes effect upon
12 becoming law.