Illinois 2023-2024 Regular Session

Illinois House Bill HB3714 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3714 Introduced , by Rep. Aaron M. Ortiz SYNOPSIS AS INTRODUCED: 210 ILCS 87/5 210 ILCS 87/10 210 ILCS 87/15 Amends the Language Assistance Services Act. Provides for the use and availability of qualified medical interpreters (rather than interpreters) in health facilities. Defines "qualified medical interpreters". Provides that employees of a health facility have the right to use a qualified medical interpreter for their own communication with a limited English proficient patient if a conversation between the limited English proficient patient and the employee would be jeopardized by the use of a volunteer interpreter. Requires the facility to annually transmit to the Department of Public Health a copy of the updated policy regarding language assistance services and to include a description of the facility's process to ensure adequate and speedy communication between staff and patients with language or communication barriers. Provides that facilities must prepare and maintain a list of contact information for American Sign Language (ASL) interpreter providers or individuals who have been identified as being proficient in sign language, as well as a list of the languages of the population of the geographical area served by the facility. Removes language allowing facilities to consider providing its nonbilingual staff with standardized picture and phrase sheets for use in routine communications with patients who have language or communication barriers. Makes other changes. LRB103 28876 CPF 55262 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3714 Introduced , by Rep. Aaron M. Ortiz SYNOPSIS AS INTRODUCED: 210 ILCS 87/5 210 ILCS 87/10 210 ILCS 87/15 210 ILCS 87/5 210 ILCS 87/10 210 ILCS 87/15 Amends the Language Assistance Services Act. Provides for the use and availability of qualified medical interpreters (rather than interpreters) in health facilities. Defines "qualified medical interpreters". Provides that employees of a health facility have the right to use a qualified medical interpreter for their own communication with a limited English proficient patient if a conversation between the limited English proficient patient and the employee would be jeopardized by the use of a volunteer interpreter. Requires the facility to annually transmit to the Department of Public Health a copy of the updated policy regarding language assistance services and to include a description of the facility's process to ensure adequate and speedy communication between staff and patients with language or communication barriers. Provides that facilities must prepare and maintain a list of contact information for American Sign Language (ASL) interpreter providers or individuals who have been identified as being proficient in sign language, as well as a list of the languages of the population of the geographical area served by the facility. Removes language allowing facilities to consider providing its nonbilingual staff with standardized picture and phrase sheets for use in routine communications with patients who have language or communication barriers. Makes other changes. LRB103 28876 CPF 55262 b LRB103 28876 CPF 55262 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3714 Introduced , by Rep. Aaron M. Ortiz SYNOPSIS AS INTRODUCED:
3	3	210 ILCS 87/5 210 ILCS 87/10 210 ILCS 87/15 210 ILCS 87/5 210 ILCS 87/10 210 ILCS 87/15
4	4	210 ILCS 87/5
5	5	210 ILCS 87/10
6	6	210 ILCS 87/15
7	7	Amends the Language Assistance Services Act. Provides for the use and availability of qualified medical interpreters (rather than interpreters) in health facilities. Defines "qualified medical interpreters". Provides that employees of a health facility have the right to use a qualified medical interpreter for their own communication with a limited English proficient patient if a conversation between the limited English proficient patient and the employee would be jeopardized by the use of a volunteer interpreter. Requires the facility to annually transmit to the Department of Public Health a copy of the updated policy regarding language assistance services and to include a description of the facility's process to ensure adequate and speedy communication between staff and patients with language or communication barriers. Provides that facilities must prepare and maintain a list of contact information for American Sign Language (ASL) interpreter providers or individuals who have been identified as being proficient in sign language, as well as a list of the languages of the population of the geographical area served by the facility. Removes language allowing facilities to consider providing its nonbilingual staff with standardized picture and phrase sheets for use in routine communications with patients who have language or communication barriers. Makes other changes.
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10	10	A BILL FOR
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13	13	1 AN ACT concerning regulation.
14	14	2 Be it enacted by the People of the State of Illinois,
15	15	3 represented in the General Assembly:
16	16	4 Section 5. The Language Assistance Services Act is amended
17	17	5 by changing Sections 5, 10, and 15 as follows:
18	18	6 (210 ILCS 87/5)
19	19	7 Sec. 5. Legislative findings. The General Assembly finds
20	20	8 and declares that Illinois is becoming a land of people whose
21	21	9 languages and cultures give the state a global quality. The
22	22	10 Legislature further finds and declares that access to basic
23	23	11 health care services is the right of every individual living
24	24	12 in resident of the State, and that access to information
25	25	13 regarding basic health care services is an essential element
26	26	14 of that right.
27	27	15 Therefore, it is the intent of the General Assembly that
28	28	16 where language or communication barriers exist between
29	29	17 patients and the staff of a health facility, arrangements
30	30	18 shall be made for a qualified medical interpreter in order to
31	31	19 provide meaningful access for patients, or family members,
32	32	20 caretakers, or decision makers of patients, who are limited
33	33	21 English proficient or deaf or hard of hearing interpreters or
34	34	22 bilingual professional staff to ensure adequate and speedy
35	35	23 communication between patients and staff.
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39	39	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3714 Introduced , by Rep. Aaron M. Ortiz SYNOPSIS AS INTRODUCED:
40	40	210 ILCS 87/5 210 ILCS 87/10 210 ILCS 87/15 210 ILCS 87/5 210 ILCS 87/10 210 ILCS 87/15
41	41	210 ILCS 87/5
42	42	210 ILCS 87/10
43	43	210 ILCS 87/15
44	44	Amends the Language Assistance Services Act. Provides for the use and availability of qualified medical interpreters (rather than interpreters) in health facilities. Defines "qualified medical interpreters". Provides that employees of a health facility have the right to use a qualified medical interpreter for their own communication with a limited English proficient patient if a conversation between the limited English proficient patient and the employee would be jeopardized by the use of a volunteer interpreter. Requires the facility to annually transmit to the Department of Public Health a copy of the updated policy regarding language assistance services and to include a description of the facility's process to ensure adequate and speedy communication between staff and patients with language or communication barriers. Provides that facilities must prepare and maintain a list of contact information for American Sign Language (ASL) interpreter providers or individuals who have been identified as being proficient in sign language, as well as a list of the languages of the population of the geographical area served by the facility. Removes language allowing facilities to consider providing its nonbilingual staff with standardized picture and phrase sheets for use in routine communications with patients who have language or communication barriers. Makes other changes.
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46	46	LRB103 28876 CPF 55262 b
47	47	A BILL FOR
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53	53	210 ILCS 87/5
54	54	210 ILCS 87/10
55	55	210 ILCS 87/15
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74	74	1 (Source: P.A. 88-244.)
75	75	2 (210 ILCS 87/10)
76	76	3 Sec. 10. Definitions. As used in this Act:
77	77	4 "Department" means the Department of Public Health.
78	78	5 "Health facility" means a hospital licensed under the
79	79	6 Hospital Licensing Act, a long-term care facility licensed
80	80	7 under the Nursing Home Care Act, or a facility licensed under
81	81	8 the ID/DD Community Care Act, the MC/DD Act, or the
82	82	9 Specialized Mental Health Rehabilitation Act of 2013.
83	83	10 "Interpreter" means a person fluent in English and in the
84	84	11 necessary language of the patient who can accurately speak,
85	85	12 read, and readily interpret the necessary second language, or
86	86	13 a person who can accurately sign and read sign language.
87	87	14 Interpreters shall have the ability to translate the names of
88	88	15 body parts and to describe completely symptoms and injuries in
89	89	16 both languages. Interpreters may include members of the
90	90	17 medical or professional staff.
91	91	18 "Language or communication barriers" means either of the
92	92	19 following:
93	93	20 (1) With respect to spoken language, barriers that are
94	94	21 experienced by limited-English-speaking or
95	95	22 non-English-speaking individuals who speak the same
96	96	23 primary language, if those individuals constitute at least
97	97	24 5% of the patients served by the health facility annually.
98	98	25 (2) With respect to sign language, barriers that are
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109	109	1 experienced by individuals who are deaf and whose primary
110	110	2 language is sign language.
111	111	3 "Limited English proficient" means a patient, or the
112	112	4 family member, caretaker, or decision maker of a patient, who
113	113	5 may have a limited ability to read, write, speak, or
114	114	6 understand English.
115	115	7 "Health facility" means a hospital licensed under the
116	116	8 Hospital Licensing Act, a long-term care facility licensed
117	117	9 under the Nursing Home Care Act, or a facility licensed under
118	118	10 the ID/DD Community Care Act, the MC/DD Act, or the
119	119	11 Specialized Mental Health Rehabilitation Act of 2013.
120	120	12 "Meaningful access" means the provision of services in a
121	121	13 manner that is equally accessible and meaningful to all
122	122	14 individuals seeking services regardless of their ability to
123	123	15 speak or understand English.
124	124	16 "Medical interpreter techniques competency" means:
125	125	17 (1) having received training that includes the
126	126	18 techniques and ethics of interpreting;
127	127	19 (2) the ability to speak, read, write, and understand
128	128	20 English as well as another language other than English;
129	129	21 (3) having fundamental knowledge in both English and
130	130	22 the alternate language of any specialized terms, concepts,
131	131	23 and cultural awareness;
132	132	24 (4) understanding the role of culture in a health care
133	133	25 setting; and
134	134	26 (5) abiding by a code of medical interpreter standards
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145	145	1 and professional ethics.
146	146	2 "Qualified medical interpreter" means a qualified
147	147	3 individual with medical interpreter techniques competency to
148	148	4 provide and facilitate oral communication between 2 or more
149	149	5 conversing parties that do not speak each other's language and
150	150	6 who is either proficient in 2 or more languages or an
151	151	7 interpreter in American Sign Language (ASL) with appropriate
152	152	8 licensure.
153	153	9 (Source: P.A. 98-104, eff. 7-22-13; 99-180, eff. 7-29-15.)
154	154	10 (210 ILCS 87/15)
155	155	11 Sec. 15. Language assistance services.
156	156	12 (a) To ensure access to health care information and
157	157	13 services for individuals who are limited English proficient,
158	158	14 limited-English-speaking or non-English-speaking, and deaf or
159	159	15 hard of hearing residents and deaf residents, a health
160	160	16 facility must do the following:
161	161	17 (1) Adopt and review annually a policy for providing
162	162	18 language assistance services to patients with language or
163	163	19 communication barriers. The policy shall include
164	164	20 procedures for providing, to the extent possible as
165	165	21 determined by the facility, the use of a qualified medical
166	166	22 an interpreter whenever a language or communication
167	167	23 barrier exists, except where the patient, after being
168	168	24 informed of the availability of the qualified medical
169	169	25 interpreter services service, chooses to use a family
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180	180	1 member or friend who volunteers to interpret, which shall
181	181	2 be documented in the patient's medical chart. Employees of
182	182	3 a health facility have the right to use a qualified
183	183	4 medical interpreter for their own communication with a
184	184	5 limited English proficient patient if a conversation
185	185	6 between the limited English proficient patient and the
186	186	7 employee would be jeopardized by the use of a volunteer
187	187	8 interpreter. The procedures shall be designed to maximize
188	188	9 efficient use of qualified medical interpreters and
189	189	10 minimize delays in the provision of qualified medical
190	190	11 providing interpreters to limited English proficient
191	191	12 patients. The procedures shall ensure insure, to the
192	192	13 extent possible as determined by the facility, that
193	193	14 qualified medical interpreters are available, either on
194	194	15 the premises or accessible by telephone, 24 hours a day.
195	195	16 The facility shall annually transmit to the Department of
196	196	17 Public Health a copy of the updated policy regarding
197	197	18 language assistance services and shall include a
198	198	19 description of the facility's process to ensure adequate
199	199	20 and speedy communication between staff and patients with
200	200	21 language or communication barriers and shall include a
201	201	22 description of the facility's efforts to insure adequate
202	202	23 and speedy communication between patients with language or
203	203	24 communication barriers and staff.
204	204	25 (2) Develop, and post, either by physical or
205	205	26 electronic means, in conspicuous locations, notices that
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216	216	1 advise patients and their families of the availability of
217	217	2 qualified medical interpreters, the procedure for
218	218	3 obtaining a qualified medical an interpreter, and the
219	219	4 telephone numbers to call for filing complaints concerning
220	220	5 qualified medical interpreter service problems, including,
221	221	6 but not limited to, a TTY or video relay service (VRS)
222	222	7 number for persons who are deaf or hard of hearing. The
223	223	8 notices shall be posted, at a minimum, in the emergency
224	224	9 room, the admitting area, the facility entrance, and the
225	225	10 outpatient areas area. Notices shall inform limited
226	226	11 English proficient and deaf or hard of hearing patients
227	227	12 that qualified medical interpreter services are available
228	228	13 upon on request, shall list the languages most commonly
229	229	14 encountered at the facility for which qualified medical
230	230	15 interpreter services are available, and shall instruct
231	231	16 patients to direct complaints regarding qualified medical
232	232	17 interpreter services to the Department of Public Health,
233	233	18 including the telephone numbers to call for that purpose.
234	234	19 (3) Notify the facility's employees of the language
235	235	20 assistance services available at the facility and train
236	236	21 the employees them on how to access make those language
237	237	22 services available for limited English proficient and deaf
238	238	23 or hard of hearing to patients.
239	239	24 (b) In addition, a health facility may do one or more of
240	240	25 the following:
241	241	26 (1) Identify and record a patient's primary or
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252	252	1 preferred language and dialect on one or more of the
253	253	2 following: a patient medical chart, electronic medical
254	254	3 record, or hospital bracelet, bedside notice, or nursing
255	255	4 card.
256	256	5 (2) Prepare and maintain, as needed, a list of contact
257	257	6 information for American Sign Language (ASL) interpreter
258	258	7 providers or individuals interpreters who have been
259	259	8 identified as being as proficient in sign language as a
260	260	9 person with a master's level proficient in sign language,
261	261	10 according to the Interpreter for the Deaf Licensure Act of
262	262	11 2007, as well as and a list of the languages of the
263	263	12 population of the geographical area served by the
264	264	13 facility.
265	265	14 (3) Review all standardized written forms, waivers,
266	266	15 documents, and informational materials available to
267	267	16 limited English proficient patients on admission to
268	268	17 determine documents that may require translation which to
269	269	18 translate into languages other than English.
270	270	19 (4) (Blank). Consider providing its nonbilingual staff
271	271	20 with standardized picture and phrase sheets for use in
272	272	21 routine communications with patients who have language or
273	273	22 communication barriers.
274	274	23 (5) Develop community liaison groups to enable the
275	275	24 facility and the limited English proficient
276	276	25 limited-English-speaking, non-English-speaking, and deaf
277	277	26 or hard of hearing communities to ensure the adequacy of
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288	288	1 the qualified medical interpreter services.
289	289	2 (Source: P.A. 102-4, eff. 4-27-21.)
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