NJ
New Jersey Assembly Bill A4929

New Jersey 2024-2025 Regular Session

New Jersey Assembly Bill A4929 Compare Versions

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11 ASSEMBLY, No. 4929 STATE OF NEW JERSEY 221st LEGISLATURE INTRODUCED OCTOBER 21, 2024
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77 221st LEGISLATURE
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1515 Sponsored by: Assemblywoman SHANIQUE SPEIGHT District 29 (Essex and Hudson) Assemblyman HERB CONAWAY, JR. District 7 (Burlington) Assemblywoman MARGIE DONLON, M.D. District 11 (Monmouth) SYNOPSIS Requires health insurers, SHBP, SEHBP, and NJ FamilyCare coverage for sign language interpreter services for covered individuals who are deaf or hard of hearing. CURRENT VERSION OF TEXT As introduced.
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2121 Assemblywoman SHANIQUE SPEIGHT
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2323 District 29 (Essex and Hudson)
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2525 Assemblyman HERB CONAWAY, JR.
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2727 District 7 (Burlington)
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2929 Assemblywoman MARGIE DONLON, M.D.
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3131 District 11 (Monmouth)
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4343 Requires health insurers, SHBP, SEHBP, and NJ FamilyCare coverage for sign language interpreter services for covered individuals who are deaf or hard of hearing.
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4949 As introduced.
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5353 An Act requiring health benefits coverage for interpreter services for certain individuals and supplementing various parts of the statutory law. Be It Enacted by the Senate and General Assembly of the State of New Jersey: 1. a. A hospital service corporation contract that provides hospital and medical expense benefits and is delivered, issued, executed, or renewed in this State, or approved for issuance or renewal in this State by the Commissioner of Banking and Insurance, on or after the effective date of this act, shall provide coverage for expenses incurred for the services of a qualified sign language interpreter during a health care encounter. b. Coverage shall be provided, upon the request of an individual who is deaf or hard of hearing, as follows: (1) the services of a qualified sign language interpreter; or (2) video remote interpreter services in situations in which the in-person services of a qualified sign language interpreter are not available. c. Coverage shall not be provided for the services of a sign language interpreter who is a family member or friend of the individual who is deaf or hard of hearing, unless the following conditions have been satisfied: (1) the family member or friend is a qualified sign language interpreter; and (2) the individual who is deaf or hard of hearing has consented to having the family member or friend serve as a sign language interpreter during the health care encounter; or (3) the individual who is deaf or hard of hearing is a minor child, and the parent or legal guardian of the minor child is present and agrees to provide sign language interpretation services for the minor child, as necessary, during the health care encounter. (4) In a case of suspected domestic violence, a health care provider shall not permit a family member to serve as a sign language interpreter during the health care encounter, and shall instead provide a qualified sign language interpreter or video remote interpreter services for an individual who is deaf or hard of hearing. (5) In a case in which one or both parents or a legal guardian is suspected of child abuse or neglect of a minor child who is deaf or hard of hearing, the health care provider shall not permit the parent or legal guardian to serve as a sign language interpreter during the health care encounter, and shall instead provide a qualified sign language interpreter for the minor child. d. As used in this section: "Deaf" means the condition of having sustained a hearing loss that is so severe that the individual has difficulty in processing linguistic information through hearing, regardless of amplification or other assistive technology. "Hard of hearing" means the condition of having sustained a hearing loss, whether permanent or fluctuating, which hearing loss may be corrected by amplification or other hearing assistive technology, but which, regardless of correction, presents challenges in processing linguistic information through hearing. "Qualified sign language interpreter" means a sign language interpreter, preferably with expertise in a medical setting, who is certified by the New Jersey Registry of Interpreters for the Deaf, or by an accredited certifying organization designated by the Division of the Deaf and Hard of Hearing in the Department of Human Services. "Video remote interpreting services" means remote sign language interpretation using real-time, full motion video and audio over a dedicated high-speed, wide-bandwidth video connection or a wireless connection that delivers high-quality video images that do not produce lags, choppy, blurry, or grainy images, or irregular pauses in communication, and that are large enough to display both the interpreter's and the participant's face, arms, hands, and fingers. The audio component of the service should provide a clear, audible transmission of voices. e. The benefits required by this section shall be provided to the same extent as for any other condition under the contract. f. This section shall apply to those hospital service corporation contracts in which the hospital service corporation has reserved the right to change the premium. 2. a. A medical service corporation contract that provides hospital and medical expense benefits and is delivered, issued, executed, or renewed in this State, or approved for issuance or renewal in this State by the Commissioner of Banking and Insurance, on or after the effective date of this act, shall provide coverage for expenses incurred for the services of a qualified sign language interpreter during a health care encounter. b. Coverage shall be provided, upon the request of an individual who is deaf or hard of hearing, as follows: (1) the services of a qualified sign language interpreter; or (2) video remote interpreter services in situations in which the in-person services of a qualified sign language interpreter are not available. c. Coverage shall not be provided for the services of a sign language interpreter who is a family member or friend of the individual who is deaf or hard of hearing, unless the following conditions have been satisfied: (1) the family member or friend is a qualified sign language interpreter; and (2) the individual who is deaf or hard of hearing has consented to having the family member or friend serve as a sign language interpreter during the health care encounter; or (3) the individual who is deaf or hard of hearing is a minor child, and the parent or legal guardian of the minor child is present and agrees to provide sign language interpretation services for the minor child, as necessary, during the health care encounter. (4) In a case of suspected domestic violence, a health care provider shall not permit a family member to serve as a sign language interpreter during the health care encounter, and shall instead provide a qualified sign language interpreter or video remote interpreter services for an individual who is deaf or hard of hearing. (5) In a case in which one or both parents or a legal guardian is suspected of child abuse or neglect of a minor child who is deaf or hard of hearing, the health care provider shall not permit the parent or legal guardian to serve as a sign language interpreter during the health care encounter, and shall instead provide a qualified sign language interpreter for the minor child. d. As used in this section: "Deaf" means the condition of having sustained a hearing loss that is so severe that the individual has difficulty in processing linguistic information through hearing, regardless of amplification or other assistive technology. "Hard of hearing" means the condition of having sustained a hearing loss, whether permanent or fluctuating, which hearing loss may be corrected by amplification or other hearing assistive technology, but which, regardless of correction, presents challenges in processing linguistic information through hearing. "Qualified sign language interpreter" means a sign language interpreter, preferably with expertise in a medical setting, who is certified by the New Jersey Registry of Interpreters for the Deaf, or by an accredited certifying organization designated by the Division of the Deaf and Hard of Hearing in the Department of Human Services. "Video remote interpreting services" means remote sign language interpretation using real-time, full motion video and audio over a dedicated high-speed, wide-bandwidth video connection or a wireless connection that delivers high-quality video images that do not produce lags, choppy, blurry, or grainy images, or irregular pauses in communication, and that are large enough to display both the interpreter's and the participant's face, arms, hands, and fingers. The audio component of the service should provide a clear, audible transmission of voices. e. The benefits required by this section shall be provided to the same extent as for any other condition under the contract. f. This section shall apply to those medical service corporation contracts in which the medical service corporation has reserved the right to change the premium. 3. a. A health service corporation contract that provides hospital and medical expense benefits and is delivered, issued, executed, or renewed in this State, or approved for issuance or renewal in this State by the Commissioner of Banking and Insurance, on or after the effective date of this act, shall provide coverage for expenses incurred for the services of a qualified sign language interpreter during a health care encounter. b. Coverage shall be provided, upon the request of an individual who is deaf or hard of hearing, as follows: (1) the services of a qualified sign language interpreter; or (2) video remote interpreter services in situations in which the in-person services of a qualified sign language interpreter are not available. c. Coverage shall not be provided for the services of a sign language interpreter who is a family member or friend of the individual who is deaf or hard of hearing, unless the following conditions have been satisfied: (1) the family member or friend is a qualified sign language interpreter; and (2) the individual who is deaf or hard of hearing has consented to having the family member or friend serve as a sign language interpreter during the health care encounter; or (3) the individual who is deaf or hard of hearing is a minor child, and the parent or legal guardian of the minor child is present and agrees to provide sign language interpretation services for the minor child, as necessary, during the health care encounter. (4) In a case of suspected domestic violence, a health care provider shall not permit a family member to serve as a sign language interpreter during the health care encounter, and shall instead provide a qualified sign language interpreter or video remote interpreter services for an individual who is deaf or hard of hearing. (5) In a case in which one or both parents or a legal guardian is suspected of child abuse or neglect of a minor child who is deaf or hard of hearing, the health care provider shall not permit the parent or legal guardian to serve as a sign language interpreter during the health care encounter, and shall instead provide a qualified sign language interpreter for the minor child. d. As used in this section: "Deaf" means the condition of having sustained a hearing loss that is so severe that the individual has difficulty in processing linguistic information through hearing, regardless of amplification or other assistive technology. "Hard of hearing" means the condition of having sustained a hearing loss, whether permanent or fluctuating, which hearing loss may be corrected by amplification or other hearing assistive technology, but which, regardless of correction, presents challenges in processing linguistic information through hearing. "Qualified sign language interpreter" means a sign language interpreter, preferably with expertise in a medical setting, who is certified by the New Jersey Registry of Interpreters for the Deaf, or by an accredited certifying organization designated by the Division of the Deaf and Hard of Hearing in the Department of Human Services. "Video remote interpreting services" means remote sign language interpretation using real-time, full motion video and audio over a dedicated high-speed, wide-bandwidth video connection or a wireless connection that delivers high-quality video images that do not produce lags, choppy, blurry, or grainy images, or irregular pauses in communication, and that are large enough to display both the interpreter's and the participant's face, arms, hands, and fingers. The audio component of the service should provide a clear, audible transmission of voices. e. The benefits required by this section shall be provided to the same extent as for any other condition under the contract. f. This section shall apply to those health service corporation contracts in which the health service corporation has reserved the right to change the premium. 4. a. An individual health insurance policy that provides hospital and medical expense benefits and is delivered, issued, executed, or renewed in this State, or approved for issuance or renewal in this State by the Commissioner of Banking and Insurance, on or after the effective date of this act, shall provide coverage for expenses incurred for the services of a qualified sign language interpreter during a health care encounter. b. Coverage shall be provided, upon the request of an individual who is deaf or hard of hearing, as follows: (1) the services of a qualified sign language interpreter; or (2) video remote interpreter services in situations in which the in-person services of a qualified sign language interpreter are not available. c. Coverage shall not be provided for the services of a sign language interpreter who is a family member or friend of the individual who is deaf or hard of hearing, unless the following conditions have been satisfied: (1) the family member or friend is a qualified sign language interpreter; and (2) the individual who is deaf or hard of hearing has consented to having the family member or friend serve as a sign language interpreter during the health care encounter; or (3) the individual who is deaf or hard of hearing is a minor child, and the parent or legal guardian of the minor child is present and agrees to provide sign language interpretation services for the minor child, as necessary, during the health care encounter. (4) In a case of suspected domestic violence, a health care provider shall not permit a family member to serve as a sign language interpreter during the health care encounter, and shall instead provide a qualified sign language interpreter or video remote interpreter services for an individual who is deaf or hard of hearing. (5) In a case in which one or both parents or a legal guardian is suspected of child abuse or neglect of a minor child who is deaf or hard of hearing, the health care provider shall not permit the parent or legal guardian to serve as a sign language interpreter during the health care encounter, and shall instead provide a qualified sign language interpreter for the minor child. d. As used in this section: "Deaf" means the condition of having sustained a hearing loss that is so severe that the individual has difficulty in processing linguistic information through hearing, regardless of amplification or other assistive technology. "Hard of hearing" means the condition of having sustained a hearing loss, whether permanent or fluctuating, which hearing loss may be corrected by amplification or other hearing assistive technology, but which, regardless of correction, presents challenges in processing linguistic information through hearing. "Qualified sign language interpreter" means a sign language interpreter, preferably with expertise in a medical setting, who is certified by the New Jersey Registry of Interpreters for the Deaf, or by an accredited certifying organization designated by the Division of the Deaf and Hard of Hearing in the Department of Human Services. "Video remote interpreting services" means remote sign language interpretation using real-time, full motion video and audio over a dedicated high-speed, wide-bandwidth video connection or a wireless connection that delivers high-quality video images that do not produce lags, choppy, blurry, or grainy images, or irregular pauses in communication, and that are large enough to display both the interpreter's and the participant's face, arms, hands, and fingers. The audio component of the service should provide a clear, audible transmission of voices. e. The benefits required by this section shall be provided to the same extent as for any other condition under the policy. f. This section shall apply to those policies in which the insurer has reserved the right to change the premium. 5. a. A group health insurance policy that provides hospital and medical expense benefits and is delivered, issued, executed, or renewed in this State, or approved for issuance or renewal in this State by the Commissioner of Banking and Insurance, on or after the effective date of this act, shall provide coverage for expenses incurred for the services of a qualified sign language interpreter during a health care encounter. b. Coverage shall be provided, upon the request of an individual who is deaf or hard of hearing, as follows: (1) the services of a qualified sign language interpreter; or (2) video remote interpreter services in situations in which the in-person services of a qualified sign language interpreter are not available. c. Coverage shall not be provided for the services of a sign language interpreter who is a family member or friend of the individual who is deaf or hard of hearing, unless the following conditions have been satisfied: (1) the family member or friend is a qualified sign language interpreter; and (2) the individual who is deaf or hard of hearing has consented to having the family member or friend serve as a sign language interpreter during the health care encounter; or (3) the individual who is deaf or hard of hearing is a minor child, and the parent or legal guardian of the minor child is present and agrees to provide sign language interpretation services for the minor child, as necessary, during the health care encounter. (4) In a case of suspected domestic violence, a health care provider shall not permit a family member to serve as a sign language interpreter during the health care encounter, and shall instead provide a qualified sign language interpreter or video remote interpreter services for an individual who is deaf or hard of hearing. (5) In a case in which one or both parents or a legal guardian is suspected of child abuse or neglect of a minor child who is deaf or hard of hearing, the health care provider shall not permit the parent or legal guardian to serve as a sign language interpreter during the health care encounter, and shall instead provide a qualified sign language interpreter for the minor child. d. As used in this section: "Deaf" means the condition of having sustained a hearing loss that is so severe that the individual has difficulty in processing linguistic information through hearing, regardless of amplification or other assistive technology. "Hard of hearing" means the condition of having sustained a hearing loss, whether permanent or fluctuating, which hearing loss may be corrected by amplification or other hearing assistive technology, but which, regardless of correction, presents challenges in processing linguistic information through hearing. "Qualified sign language interpreter" means a sign language interpreter, preferably with expertise in a medical setting, who is certified by the New Jersey Registry of Interpreters for the Deaf, or by an accredited certifying organization designated by the Division of the Deaf and Hard of Hearing in the Department of Human Services. "Video remote interpreting services" means remote sign language interpretation using real-time, full motion video and audio over a dedicated high-speed, wide-bandwidth video connection or a wireless connection that delivers high-quality video images that do not produce lags, choppy, blurry, or grainy images, or irregular pauses in communication, and that are large enough to display both the interpreter's and the participant's face, arms, hands, and fingers. The audio component of the service should provide a clear, audible transmission of voices. e. The benefits required by this section shall be provided to the same extent as for any other condition under the policy. f. This section shall apply to those policies in which the insurer has reserved the right to change the premium. 6. a. An individual health benefits plan that provides hospital and medical expense benefits and is delivered, issued, executed, or renewed in this State pursuant to P.L.1992, c.161 (C.17B:27A-2 et seq.), or approved for issuance or renewal in this State by the Commissioner of Banking and Insurance, on or after the effective date of this act, shall provide coverage for expenses incurred for the services of a qualified sign language interpreter during a health care encounter. b. Coverage shall be provided, upon the request of an individual who is deaf or hard of hearing, as follows: (1) the services of a qualified sign language interpreter; or (2) video remote interpreter services in situations in which the in-person services of a qualified sign language interpreter are not available. c. Coverage shall not be provided for the services of a sign language interpreter who is a family member or friend of the individual who is deaf or hard of hearing, unless the following conditions have been satisfied: (1) the family member or friend is a qualified sign language interpreter; and (2) the individual who is deaf or hard of hearing has consented to having the family member or friend serve as a sign language interpreter during the health care encounter; or (3) the individual who is deaf or hard of hearing is a minor child, and the parent or legal guardian of the minor child is present and agrees to provide sign language interpretation services for the minor child, as necessary, during the health care encounter. (4) In a case of suspected domestic violence, a health care provider shall not permit a family member to serve as a sign language interpreter during the health care encounter, and shall instead provide a qualified sign language interpreter or video remote interpreter services for an individual who is deaf or hard of hearing. (5) In a case in which one or both parents or a legal guardian is suspected of child abuse or neglect of a minor child who is deaf or hard of hearing, the health care provider shall not permit the parent or legal guardian to serve as a sign language interpreter during the health care encounter, and shall instead provide a qualified sign language interpreter for the minor child. d. As used in this section: "Deaf" means the condition of having sustained a hearing loss that is so severe that the individual has difficulty in processing linguistic information through hearing, regardless of amplification or other assistive technology. "Hard of hearing" means the condition of having sustained a hearing loss, whether permanent or fluctuating, which hearing loss may be corrected by amplification or other hearing assistive technology, but which, regardless of correction, presents challenges in processing linguistic information through hearing. "Qualified sign language interpreter" means a sign language interpreter, preferably with expertise in a medical setting, who is certified by the New Jersey Registry of Interpreters for the Deaf, or by an accredited certifying organization designated by the Division of the Deaf and Hard of Hearing in the Department of Human Services. "Video remote interpreting services" means remote sign language interpretation using real-time, full motion video and audio over a dedicated high-speed, wide-bandwidth video connection or a wireless connection that delivers high-quality video images that do not produce lags, choppy, blurry, or grainy images, or irregular pauses in communication, and that are large enough to display both the interpreter's and the participant's face, arms, hands, and fingers. The audio component of the service should provide a clear, audible transmission of voices. e. The benefits required by this section shall be provided to the same extent as for any other condition under the plan. f. This section shall apply to those plans in which the carrier has reserved the right to change the premium. 7. a. A small employer health benefits plan that provides hospital and medical expense benefits and is delivered, issued, executed, or renewed in this State pursuant to P.L.1992, c.162 (C.17B:27A-17 et seq.), or approved for issuance or renewal in this State by the Commissioner of Banking and Insurance, on or after the effective date of this act, shall provide coverage for expenses incurred for the services of a qualified sign language interpreter during a health care encounter. b. Coverage shall be provided, upon the request of an individual who is deaf or hard of hearing, as follows: (1) the services of a qualified sign language interpreter; or (2) video remote interpreter services in situations in which the in-person services of a qualified sign language interpreter are not available. c. Coverage shall not be provided for the services of a sign language interpreter who is a family member or friend of the individual who is deaf or hard of hearing, unless the following conditions have been satisfied: (1) the family member or friend is a qualified sign language interpreter; and (2) the individual who is deaf or hard of hearing has consented to having the family member or friend serve as a sign language interpreter during the health care encounter; or (3) the individual who is deaf or hard of hearing is a minor child, and the parent or legal guardian of the minor child is present and agrees to provide sign language interpretation services for the minor child, as necessary, during the health care encounter. (4) In a case of suspected domestic violence, a health care provider shall not permit a family member to serve as a sign language interpreter during the health care encounter, and shall instead provide a qualified sign language interpreter or video remote interpreter services for an individual who is deaf or hard of hearing. (5) In a case in which one or both parents or a legal guardian is suspected of child abuse or neglect of a minor child who is deaf or hard of hearing, the health care provider shall not permit the parent or legal guardian to serve as a sign language interpreter during the health care encounter, and shall instead provide a qualified sign language interpreter for the minor child. d. As used in this section: "Deaf" means the condition of having sustained a hearing loss that is so severe that the individual has difficulty in processing linguistic information through hearing, regardless of amplification or other assistive technology. "Hard of hearing" means the condition of having sustained a hearing loss, whether permanent or fluctuating, which hearing loss may be corrected by amplification or other hearing assistive technology, but which, regardless of correction, presents challenges in processing linguistic information through hearing. "Qualified sign language interpreter" means a sign language interpreter, preferably with expertise in a medical setting, who is certified by the New Jersey Registry of Interpreters for the Deaf, or by an accredited certifying organization designated by the Division of the Deaf and Hard of Hearing in the Department of Human Services. "Video remote interpreting services" means remote sign language interpretation using real-time, full motion video and audio over a dedicated high-speed, wide-bandwidth video connection or a wireless connection that delivers high-quality video images that do not produce lags, choppy, blurry, or grainy images, or irregular pauses in communication, and that are large enough to display both the interpreter's and the participant's face, arms, hands, and fingers. The audio component of the service should provide a clear, audible transmission of voices. e. The benefits required by this section shall be provided to the same extent as for any other condition under the plan. f. This section shall apply to those plans in which the carrier has reserved the right to change the premium. 8. a. A health maintenance organization contract that provides hospital and medical expense benefits and is delivered, issued, executed, or renewed in this State, or approved for issuance or renewal in this State by the Commissioner of Banking and Insurance, on or after the effective date of this act, shall provide coverage for expenses incurred for the services of a qualified sign language interpreter during a health care encounter. b. Coverage shall be provided, upon the request of an individual who is deaf or hard of hearing, as follows: (1) the services of a qualified sign language interpreter; or (2) video remote interpreter services in situations in which the in-person services of a qualified sign language interpreter are not available. c. Coverage shall not be provided for the services of a sign language interpreter who is a family member or friend of the individual who is deaf or hard of hearing, unless the following conditions have been satisfied: (1) the family member or friend is a qualified sign language interpreter; and (2) the individual who is deaf or hard of hearing has consented to having the family member or friend serve as a sign language interpreter during the health care encounter; or (3) the individual who is deaf or hard of hearing is a minor child, and the parent or legal guardian of the minor child is present and agrees to provide sign language interpretation services for the minor child, as necessary, during the health care encounter. (4) In a case of suspected domestic violence, a health care provider shall not permit a family member to serve as a sign language interpreter during the health care encounter, and shall instead provide a qualified sign language interpreter or video remote interpreter services for an individual who is deaf or hard of hearing. (5) In a case in which one or both parents or a legal guardian is suspected of child abuse or neglect of a minor child who is deaf or hard of hearing, the health care provider shall not permit the parent or legal guardian to serve as a sign language interpreter during the health care encounter, and shall instead provide a qualified sign language interpreter for the minor child. d. As used in this section: "Deaf" means the condition of having sustained a hearing loss that is so severe that the individual has difficulty in processing linguistic information through hearing, regardless of amplification or other assistive technology. "Hard of hearing" means the condition of having sustained a hearing loss, whether permanent or fluctuating, which hearing loss may be corrected by amplification or other hearing assistive technology, but which, regardless of correction, presents challenges in processing linguistic information through hearing. "Qualified sign language interpreter" means a sign language interpreter, preferably with expertise in a medical setting, who is certified by the New Jersey Registry of Interpreters for the Deaf, or by an accredited certifying organization designated by the Division of the Deaf and Hard of Hearing in the Department of Human Services. "Video remote interpreting services" means remote sign language interpretation using real-time, full motion video and audio over a dedicated high-speed, wide-bandwidth video connection or a wireless connection that delivers high-quality video images that do not produce lags, choppy, blurry, or grainy images, or irregular pauses in communication, and that are large enough to display both the interpreter's and the participant's face, arms, hands, and fingers. The audio component of the service should provide a clear, audible transmission of voices. e. The benefits required by this section shall be provided to the same extent as for any other condition under the contract. f. This section shall apply to those contracts for health care services in which the health maintenance organization has reserved the right to change the schedule of charges for enrollee coverage. 9. a. The State Health Benefits Commission shall ensure that every contract purchased on or after the effective date of this act, shall provide coverage for expenses incurred for the services of a qualified sign language interpreter during a health care encounter, at a reimbursement rate of no less than $42.53 per hour. b. Coverage shall be provided, upon the request of an individual who is deaf or hard of hearing, as follows: (1) the services of a qualified sign language interpreter; or (2) video remote interpreter services in situations in which the in-person services of a qualified sign language interpreter are not available. c. Coverage shall not be provided for the services of a sign language interpreter who is a family member or friend of the individual who is deaf or hard of hearing, unless the following conditions have been satisfied: (1) the family member or friend is a qualified sign language interpreter; and (2) the individual who is deaf or hard of hearing has consented to having the family member or friend serve as a sign language interpreter during the health care encounter; or (3) the individual who is deaf or hard of hearing is a minor child, and the parent or legal guardian of the minor child is present and agrees to provide sign language interpretation services for the minor child, as necessary, during the health care encounter. (4) In a case of suspected domestic violence, a health care provider shall not permit a family member to serve as a sign language interpreter during the health care encounter, and shall instead provide a qualified sign language interpreter or video remote interpreter services for an individual who is deaf or hard of hearing. (5) In a case in which one or both parents or a legal guardian is suspected of child abuse or neglect of a minor child who is deaf or hard of hearing, the health care provider shall not permit the parent or legal guardian to serve as a sign language interpreter during the health care encounter, and shall instead provide a qualified sign language interpreter for the minor child. d. As used in this section: "Deaf" means the condition of having sustained a hearing loss that is so severe that the individual has difficulty in processing linguistic information through hearing, regardless of amplification or other assistive technology. "Hard of hearing" means the condition of having sustained a hearing loss, whether permanent or fluctuating, which hearing loss may be corrected by amplification or other hearing assistive technology, but which, regardless of correction, presents challenges in processing linguistic information through hearing. "Qualified sign language interpreter" means a sign language interpreter, preferably with expertise in a medical setting, who is certified by the New Jersey Registry of Interpreters for the Deaf, or by an accredited certifying organization designated by the Division of the Deaf and Hard of Hearing in the Department of Human Services. "Video remote interpreting services" means remote sign language interpretation using real-time, full motion video and audio over a dedicated high-speed, wide-bandwidth video connection or a wireless connection that delivers high-quality video images that do not produce lags, choppy, blurry, or grainy images, or irregular pauses in communication, and that are large enough to display both the interpreter's and the participant's face, arms, hands, and fingers. The audio component of the service should provide a clear, audible transmission of voices. e. The benefits required by this section shall be provided to the same extent as for any other condition under the contract. 10. a. The School Employees' Health Benefits Commission shall ensure that every contract purchased on or after the effective date of this act, shall provide coverage for expenses incurred for the services of a qualified sign language interpreter during a health care encounter, at a reimbursement rate of no less than $42.53 per hour. b. Coverage shall be provided, upon the request of an individual who is deaf or hard of hearing, as follows: (1) the services of a qualified sign language interpreter; or (2) video remote interpreter services in situations in which the in-person services of a qualified sign language interpreter are not available. c. Coverage shall not be provided for the services of a sign language interpreter who is a family member or friend of the individual who is deaf or hard of hearing, unless the following conditions have been satisfied: (1) the family member or friend is a qualified sign language interpreter; and (2) the individual who is deaf or hard of hearing has consented to having the family member or friend serve as a sign language interpreter during the health care encounter; or (3) the individual who is deaf or hard of hearing is a minor child, and the parent or legal guardian of the minor child is present and agrees to provide sign language interpretation services for the minor child, as necessary, during the health care encounter. (4) In a case of suspected domestic violence, a health care provider shall not permit a family member to serve as a sign language interpreter during the health care encounter, and shall instead provide a qualified sign language interpreter or video remote interpreter services for an individual who is deaf or hard of hearing. (5) In a case in which one or both parents or a legal guardian is suspected of child abuse or neglect of a minor child who is deaf or hard of hearing, the health care provider shall not permit the parent or legal guardian to serve as a sign language interpreter during the health care encounter, and shall instead provide a qualified sign language interpreter for the minor child. d. As used in this section: "Deaf" means the condition of having sustained a hearing loss that is so severe that the individual has difficulty in processing linguistic information through hearing, regardless of amplification or other assistive technology. "Hard of hearing" means the condition of having sustained a hearing loss, whether permanent or fluctuating, which hearing loss may be corrected by amplification or other hearing assistive technology, but which, regardless of correction, presents challenges in processing linguistic information through hearing. "Qualified sign language interpreter" means a sign language interpreter, preferably with expertise in a medical setting, who is certified by the New Jersey Registry of Interpreters for the Deaf, or by an accredited certifying organization designated by the Division of the Deaf and Hard of Hearing in the Department of Human Services. "Video remote interpreting services" means remote sign language interpretation using real-time, full motion video and audio over a dedicated high-speed, wide-bandwidth video connection or a wireless connection that delivers high-quality video images that do not produce lags, choppy, blurry, or grainy images, or irregular pauses in communication, and that are large enough to display both the interpreter's and the participant's face, arms, hands, and fingers. The audio component of the service should provide a clear, audible transmission of voices. e. The benefits required by this section shall be provided to the same extent as for any other condition under the contract. 11. a. The NJ FamilyCare program shall provide coverage for expenses incurred for the services of a qualified sign language interpreter during a health care encounter, at a reimbursement rate of no less than $42.40 per hour. b. Coverage shall be provided, upon the request of an enrollee who is deaf or hard of hearing, as follows: (1) the services of a qualified sign language interpreter; or (2) video remote interpreter services in situations in which the in-person services of a qualified sign language interpreter are not available. c. Coverage shall not be provided for the services of a sign language interpreter who is a family member or friend of the enrollee who is deaf or hard of hearing, unless the following conditions have been satisfied: (1) the family member or friend is a qualified sign language interpreter; and (2) the enrollee who is deaf or hard of hearing has consented to having the family member or friend serve as a sign language interpreter during the health care encounter; or (3) the enrollee who is deaf or hard of hearing is a minor child, and the parent or legal guardian of the minor child is present and agrees to provide sign language interpretation services for the minor child, as necessary, during the health care encounter. (4) In a case of suspected domestic violence, a health care provider shall not permit a family member to serve as a sign language interpreter during the health care encounter, and shall instead provide a qualified sign language interpreter or video remote interpreter services for an individual who is deaf or hard of hearing. (5) In a case in which one or both parents or a legal guardian is suspected of child abuse or neglect of a minor child who is deaf or hard of hearing, the health care provider shall not permit the parent or legal guardian to serve as a sign language interpreter during the health care encounter, and shall instead provide a qualified sign language interpreter for the minor child. d. The Commissioner of Human Services shall apply for such federal waivers or state plan amendments as are necessary to implement the provisions of this section and to continue to secure federal financial participation for State expenditures under the federal Medicaid program and the Children's Health Insurance Program. e. Coverage of, and the reimbursement rate established for, sign language interpreter services under the NJ FamilyCare program, pursuant to this section, is contingent upon federal approval of the State's application for a waiver or a state plan amendment under Title XIX of the Social Security Act (42 5 U.S.C. s.1315 et seq.). f. As used in this section: "Commissioner" means the Commissioner of Human Services. "Deaf" means the condition of having sustained a hearing loss that is so severe that the individual has difficulty in processing linguistic information through hearing, regardless of amplification or other assistive technology. "Enrollee" means an individual who is covered under the Medicaid program or the NJ FamilyCare program. "Hard of hearing" means the condition of having sustained a hearing loss, whether permanent or fluctuating, which hearing loss may be corrected by amplification or other hearing assistive technology, but which, regardless of correction, presents challenges in processing linguistic information through hearing. "NJ FamilyCare" means the program established pursuant to P.L.2005, c.156 (C.30:4J-8 et al.), which includes the State's Medicaid Program and the Children's Health Insurance Program. "Qualified sign language interpreter" means a sign language interpreter, preferably with expertise in a medical setting, who is certified by the New Jersey Registry of Interpreters for the Deaf, or by an accredited certifying organization designated by the Division of the Deaf and Hard of Hearing in the Department of Human Services. "Video remote interpreting services" means remote sign language interpretation using real-time, full motion video and audio over a dedicated high-speed, wide-bandwidth video connection or a wireless connection that delivers high-quality video images that do not produce lags, choppy, blurry, or grainy images, or irregular pauses in communication, and that are large enough to display both the interpreter's and the participant's face, arms, hands, and fingers. The audio component of the service should provide a clear, audible transmission of voices. 12. The State Treasurer and the Commissioners of Banking and Insurance and Human Services, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall adopt such rules and regulations as are necessary to implement the provisions of this act. 13. This act shall take effect on the first day of the fourth month next following the date of enactment, except that the State Treasurer and the Commissioners of Banking and Insurance and Human Services may take any anticipatory administrative action in advance thereof as may be necessary for the implementation of this act. STATEMENT This bill requires private health insurance plans, the State Health Benefits Program (SHBP), the School Employees Health Benefits Program (SEHBP), and the NJ FamilyCare program to cover the services of a qualified sign language interpreter during a medical encounter for an individual who is deaf or hard of hearing. A "qualified sign language interpreter" is defined as an interpreter, preferably with expertise in medical interpreting, who is certified by the New Jersey Registry of Interpreters for the Deaf or by an accredited certifying organization designated by the Division of the Deaf and Hard of Hearing in the Department of Human Services. The bill also establishes a minimum reimbursement rate of $42.40 per hour for sign language interpreter services provided during a medical encounter for NJ FamilyCare enrollees, and $42.53 when such services are provided for an individual covered under the SHBP or the SEHBP. Under the bill, sign language interpreter services would be provided upon the request of a patient who is deaf or hard of hearing. Video remote interpreter services also would be covered, provided in person interpreter services are not available. The bill stipulates that interpreter services will not be covered in situations in which such services are provided by a family member or friend of the requester, unless: 1. the family member or friend is a qualified sign language interpreter; and 2. the individual requesting sign language interpreter services consents to having the family member or friend interpret during the medical encounter; or 3. the individual who is deaf or hard of hearing is a minor, and the child's parent or legal guardian is present and agrees to interpret during the medical encounter. In cases of suspected domestic violence, a health care provider is prohibited from allowing a family member to serve as a sign language interpreter during a health care encounter for an individual who is deaf or hard of hearing; rather, the bill requires the health care provider to provide a qualified sign language interpreter or video remote interpreter services during the encounter. In cases of suspected child abuse or neglect by a parent or legal guardian, the health care provider may not permit the parent or guardian to serve as a sign language interpreter for a minor child who is deaf or hard of hearing. The bill instead requires the health care provider to provide a qualified sign language interpreter for the child during the encounter. NJ FamilyCare coverage of, and the reimbursement rate for, interpreter services will be contingent upon federal approval of the State's application for any requisite Medicaid or CHIP waivers or state plan amendments. The Americans with Disabilities Act (ADA), Pub.L.101-336 (42 U.S.C., s. 12101 et seq.) and federal regulations grant individuals who are deaf or hard of hearing the legal right to equal access to, and an equal opportunity to participate in and benefit from, health care. Federal regulations permit the use of sign language interpreters as one of the acceptable "auxiliary aids and services" that medical providers are required to furnish to ensure accessible and effective communication with patients who are deaf or hard of hearing. Federal regulations prohibit medical providers from billing patients for the provision of sign language interpretation; rather, medical providers are advised to treat expenditures on interpreter services as an administrative or an overhead cost of their practice. The ADA provides a limited exemption for medical providers who demonstrate that furnishing a specific auxiliary aid or service, as requested by a patient with a disability, would present an undue burden or cause a fundamental change in the nature of the provider's services and goods. In such instances, however, the ADA stipulates that the medical provider must furnish an alternative auxiliary aid or service that would not present an undue burden and would facilitate effective provider-patient communications. It is the sponsor's intent to codify existing federal requirements concerning sign language interpreter services to ensure that private health insurance plans, the SHBP, the SEHBP, and the NJ FamilyCare program, cover sign language interpreter services during medical encounters for enrollees who are deaf or hard of hearing.
5454
5555 An Act requiring health benefits coverage for interpreter services for certain individuals and supplementing various parts of the statutory law.
5656
5757
5858
5959 Be It Enacted by the Senate and General Assembly of the State of New Jersey:
6060
6161
6262
6363 1. a. A hospital service corporation contract that provides hospital and medical expense benefits and is delivered, issued, executed, or renewed in this State, or approved for issuance or renewal in this State by the Commissioner of Banking and Insurance, on or after the effective date of this act, shall provide coverage for expenses incurred for the services of a qualified sign language interpreter during a health care encounter.
6464
6565 b. Coverage shall be provided, upon the request of an individual who is deaf or hard of hearing, as follows:
6666
6767 (1) the services of a qualified sign language interpreter; or
6868
6969 (2) video remote interpreter services in situations in which the in-person services of a qualified sign language interpreter are not available.
7070
7171 c. Coverage shall not be provided for the services of a sign language interpreter who is a family member or friend of the individual who is deaf or hard of hearing, unless the following conditions have been satisfied:
7272
7373 (1) the family member or friend is a qualified sign language interpreter; and
7474
7575 (2) the individual who is deaf or hard of hearing has consented to having the family member or friend serve as a sign language interpreter during the health care encounter; or
7676
7777 (3) the individual who is deaf or hard of hearing is a minor child, and the parent or legal guardian of the minor child is present and agrees to provide sign language interpretation services for the minor child, as necessary, during the health care encounter.
7878
7979 (4) In a case of suspected domestic violence, a health care provider shall not permit a family member to serve as a sign language interpreter during the health care encounter, and shall instead provide a qualified sign language interpreter or video remote interpreter services for an individual who is deaf or hard of hearing.
8080
8181 (5) In a case in which one or both parents or a legal guardian is suspected of child abuse or neglect of a minor child who is deaf or hard of hearing, the health care provider shall not permit the parent or legal guardian to serve as a sign language interpreter during the health care encounter, and shall instead provide a qualified sign language interpreter for the minor child.
8282
8383 d. As used in this section:
8484
8585 "Deaf" means the condition of having sustained a hearing loss that is so severe that the individual has difficulty in processing linguistic information through hearing, regardless of amplification or other assistive technology.
8686
8787 "Hard of hearing" means the condition of having sustained a hearing loss, whether permanent or fluctuating, which hearing loss may be corrected by amplification or other hearing assistive technology, but which, regardless of correction, presents challenges in processing linguistic information through hearing.
8888
8989 "Qualified sign language interpreter" means a sign language interpreter, preferably with expertise in a medical setting, who is certified by the New Jersey Registry of Interpreters for the Deaf, or by an accredited certifying organization designated by the Division of the Deaf and Hard of Hearing in the Department of Human Services.
9090
9191 "Video remote interpreting services" means remote sign language interpretation using real-time, full motion video and audio over a dedicated high-speed, wide-bandwidth video connection or a wireless connection that delivers high-quality video images that do not produce lags, choppy, blurry, or grainy images, or irregular pauses in communication, and that are large enough to display both the interpreter's and the participant's face, arms, hands, and fingers. The audio component of the service should provide a clear, audible transmission of voices.
9292
9393 e. The benefits required by this section shall be provided to the same extent as for any other condition under the contract.
9494
9595 f. This section shall apply to those hospital service corporation contracts in which the hospital service corporation has reserved the right to change the premium.
9696
9797
9898
9999 2. a. A medical service corporation contract that provides hospital and medical expense benefits and is delivered, issued, executed, or renewed in this State, or approved for issuance or renewal in this State by the Commissioner of Banking and Insurance, on or after the effective date of this act, shall provide coverage for expenses incurred for the services of a qualified sign language interpreter during a health care encounter.
100100
101101 b. Coverage shall be provided, upon the request of an individual who is deaf or hard of hearing, as follows:
102102
103103 (1) the services of a qualified sign language interpreter; or
104104
105105 (2) video remote interpreter services in situations in which the in-person services of a qualified sign language interpreter are not available.
106106
107107 c. Coverage shall not be provided for the services of a sign language interpreter who is a family member or friend of the individual who is deaf or hard of hearing, unless the following conditions have been satisfied:
108108
109109 (1) the family member or friend is a qualified sign language interpreter; and
110110
111111 (2) the individual who is deaf or hard of hearing has consented to having the family member or friend serve as a sign language interpreter during the health care encounter; or
112112
113113 (3) the individual who is deaf or hard of hearing is a minor child, and the parent or legal guardian of the minor child is present and agrees to provide sign language interpretation services for the minor child, as necessary, during the health care encounter.
114114
115115 (4) In a case of suspected domestic violence, a health care provider shall not permit a family member to serve as a sign language interpreter during the health care encounter, and shall instead provide a qualified sign language interpreter or video remote interpreter services for an individual who is deaf or hard of hearing.
116116
117117 (5) In a case in which one or both parents or a legal guardian is suspected of child abuse or neglect of a minor child who is deaf or hard of hearing, the health care provider shall not permit the parent or legal guardian to serve as a sign language interpreter during the health care encounter, and shall instead provide a qualified sign language interpreter for the minor child.
118118
119119 d. As used in this section:
120120
121121 "Deaf" means the condition of having sustained a hearing loss that is so severe that the individual has difficulty in processing linguistic information through hearing, regardless of amplification or other assistive technology.
122122
123123 "Hard of hearing" means the condition of having sustained a hearing loss, whether permanent or fluctuating, which hearing loss may be corrected by amplification or other hearing assistive technology, but which, regardless of correction, presents challenges in processing linguistic information through hearing.
124124
125125 "Qualified sign language interpreter" means a sign language interpreter, preferably with expertise in a medical setting, who is certified by the New Jersey Registry of Interpreters for the Deaf, or by an accredited certifying organization designated by the Division of the Deaf and Hard of Hearing in the Department of Human Services.
126126
127127 "Video remote interpreting services" means remote sign language interpretation using real-time, full motion video and audio over a dedicated high-speed, wide-bandwidth video connection or a wireless connection that delivers high-quality video images that do not produce lags, choppy, blurry, or grainy images, or irregular pauses in communication, and that are large enough to display both the interpreter's and the participant's face, arms, hands, and fingers. The audio component of the service should provide a clear, audible transmission of voices.
128128
129129 e. The benefits required by this section shall be provided to the same extent as for any other condition under the contract.
130130
131131 f. This section shall apply to those medical service corporation contracts in which the medical service corporation has reserved the right to change the premium.
132132
133133
134134
135135 3. a. A health service corporation contract that provides hospital and medical expense benefits and is delivered, issued, executed, or renewed in this State, or approved for issuance or renewal in this State by the Commissioner of Banking and Insurance, on or after the effective date of this act, shall provide coverage for expenses incurred for the services of a qualified sign language interpreter during a health care encounter.
136136
137137 b. Coverage shall be provided, upon the request of an individual who is deaf or hard of hearing, as follows:
138138
139139 (1) the services of a qualified sign language interpreter; or
140140
141141 (2) video remote interpreter services in situations in which the in-person services of a qualified sign language interpreter are not available.
142142
143143 c. Coverage shall not be provided for the services of a sign language interpreter who is a family member or friend of the individual who is deaf or hard of hearing, unless the following conditions have been satisfied:
144144
145145 (1) the family member or friend is a qualified sign language interpreter; and
146146
147147 (2) the individual who is deaf or hard of hearing has consented to having the family member or friend serve as a sign language interpreter during the health care encounter; or
148148
149149 (3) the individual who is deaf or hard of hearing is a minor child, and the parent or legal guardian of the minor child is present and agrees to provide sign language interpretation services for the minor child, as necessary, during the health care encounter.
150150
151151 (4) In a case of suspected domestic violence, a health care provider shall not permit a family member to serve as a sign language interpreter during the health care encounter, and shall instead provide a qualified sign language interpreter or video remote interpreter services for an individual who is deaf or hard of hearing.
152152
153153 (5) In a case in which one or both parents or a legal guardian is suspected of child abuse or neglect of a minor child who is deaf or hard of hearing, the health care provider shall not permit the parent or legal guardian to serve as a sign language interpreter during the health care encounter, and shall instead provide a qualified sign language interpreter for the minor child.
154154
155155 d. As used in this section:
156156
157157 "Deaf" means the condition of having sustained a hearing loss that is so severe that the individual has difficulty in processing linguistic information through hearing, regardless of amplification or other assistive technology.
158158
159159 "Hard of hearing" means the condition of having sustained a hearing loss, whether permanent or fluctuating, which hearing loss may be corrected by amplification or other hearing assistive technology, but which, regardless of correction, presents challenges in processing linguistic information through hearing.
160160
161161 "Qualified sign language interpreter" means a sign language interpreter, preferably with expertise in a medical setting, who is certified by the New Jersey Registry of Interpreters for the Deaf, or by an accredited certifying organization designated by the Division of the Deaf and Hard of Hearing in the Department of Human Services.
162162
163163 "Video remote interpreting services" means remote sign language interpretation using real-time, full motion video and audio over a dedicated high-speed, wide-bandwidth video connection or a wireless connection that delivers high-quality video images that do not produce lags, choppy, blurry, or grainy images, or irregular pauses in communication, and that are large enough to display both the interpreter's and the participant's face, arms, hands, and fingers. The audio component of the service should provide a clear, audible transmission of voices.
164164
165165 e. The benefits required by this section shall be provided to the same extent as for any other condition under the contract.
166166
167167 f. This section shall apply to those health service corporation contracts in which the health service corporation has reserved the right to change the premium.
168168
169169
170170
171171 4. a. An individual health insurance policy that provides hospital and medical expense benefits and is delivered, issued, executed, or renewed in this State, or approved for issuance or renewal in this State by the Commissioner of Banking and Insurance, on or after the effective date of this act, shall provide coverage for expenses incurred for the services of a qualified sign language interpreter during a health care encounter.
172172
173173 b. Coverage shall be provided, upon the request of an individual who is deaf or hard of hearing, as follows:
174174
175175 (1) the services of a qualified sign language interpreter; or
176176
177177 (2) video remote interpreter services in situations in which the in-person services of a qualified sign language interpreter are not available.
178178
179179 c. Coverage shall not be provided for the services of a sign language interpreter who is a family member or friend of the individual who is deaf or hard of hearing, unless the following conditions have been satisfied:
180180
181181 (1) the family member or friend is a qualified sign language interpreter; and
182182
183183 (2) the individual who is deaf or hard of hearing has consented to having the family member or friend serve as a sign language interpreter during the health care encounter; or
184184
185185 (3) the individual who is deaf or hard of hearing is a minor child, and the parent or legal guardian of the minor child is present and agrees to provide sign language interpretation services for the minor child, as necessary, during the health care encounter.
186186
187187 (4) In a case of suspected domestic violence, a health care provider shall not permit a family member to serve as a sign language interpreter during the health care encounter, and shall instead provide a qualified sign language interpreter or video remote interpreter services for an individual who is deaf or hard of hearing.
188188
189189 (5) In a case in which one or both parents or a legal guardian is suspected of child abuse or neglect of a minor child who is deaf or hard of hearing, the health care provider shall not permit the parent or legal guardian to serve as a sign language interpreter during the health care encounter, and shall instead provide a qualified sign language interpreter for the minor child.
190190
191191 d. As used in this section:
192192
193193 "Deaf" means the condition of having sustained a hearing loss that is so severe that the individual has difficulty in processing linguistic information through hearing, regardless of amplification or other assistive technology.
194194
195195 "Hard of hearing" means the condition of having sustained a hearing loss, whether permanent or fluctuating, which hearing loss may be corrected by amplification or other hearing assistive technology, but which, regardless of correction, presents challenges in processing linguistic information through hearing.
196196
197197 "Qualified sign language interpreter" means a sign language interpreter, preferably with expertise in a medical setting, who is certified by the New Jersey Registry of Interpreters for the Deaf, or by an accredited certifying organization designated by the Division of the Deaf and Hard of Hearing in the Department of Human Services.
198198
199199 "Video remote interpreting services" means remote sign language interpretation using real-time, full motion video and audio over a dedicated high-speed, wide-bandwidth video connection or a wireless connection that delivers high-quality video images that do not produce lags, choppy, blurry, or grainy images, or irregular pauses in communication, and that are large enough to display both the interpreter's and the participant's face, arms, hands, and fingers. The audio component of the service should provide a clear, audible transmission of voices.
200200
201201 e. The benefits required by this section shall be provided to the same extent as for any other condition under the policy.
202202
203203 f. This section shall apply to those policies in which the insurer has reserved the right to change the premium.
204204
205205
206206
207207 5. a. A group health insurance policy that provides hospital and medical expense benefits and is delivered, issued, executed, or renewed in this State, or approved for issuance or renewal in this State by the Commissioner of Banking and Insurance, on or after the effective date of this act, shall provide coverage for expenses incurred for the services of a qualified sign language interpreter during a health care encounter.
208208
209209 b. Coverage shall be provided, upon the request of an individual who is deaf or hard of hearing, as follows:
210210
211211 (1) the services of a qualified sign language interpreter; or
212212
213213 (2) video remote interpreter services in situations in which the in-person services of a qualified sign language interpreter are not available.
214214
215215 c. Coverage shall not be provided for the services of a sign language interpreter who is a family member or friend of the individual who is deaf or hard of hearing, unless the following conditions have been satisfied:
216216
217217 (1) the family member or friend is a qualified sign language interpreter; and
218218
219219 (2) the individual who is deaf or hard of hearing has consented to having the family member or friend serve as a sign language interpreter during the health care encounter; or
220220
221221 (3) the individual who is deaf or hard of hearing is a minor child, and the parent or legal guardian of the minor child is present and agrees to provide sign language interpretation services for the minor child, as necessary, during the health care encounter.
222222
223223 (4) In a case of suspected domestic violence, a health care provider shall not permit a family member to serve as a sign language interpreter during the health care encounter, and shall instead provide a qualified sign language interpreter or video remote interpreter services for an individual who is deaf or hard of hearing.
224224
225225 (5) In a case in which one or both parents or a legal guardian is suspected of child abuse or neglect of a minor child who is deaf or hard of hearing, the health care provider shall not permit the parent or legal guardian to serve as a sign language interpreter during the health care encounter, and shall instead provide a qualified sign language interpreter for the minor child.
226226
227227 d. As used in this section:
228228
229229 "Deaf" means the condition of having sustained a hearing loss that is so severe that the individual has difficulty in processing linguistic information through hearing, regardless of amplification or other assistive technology.
230230
231231 "Hard of hearing" means the condition of having sustained a hearing loss, whether permanent or fluctuating, which hearing loss may be corrected by amplification or other hearing assistive technology, but which, regardless of correction, presents challenges in processing linguistic information through hearing.
232232
233233 "Qualified sign language interpreter" means a sign language interpreter, preferably with expertise in a medical setting, who is certified by the New Jersey Registry of Interpreters for the Deaf, or by an accredited certifying organization designated by the Division of the Deaf and Hard of Hearing in the Department of Human Services.
234234
235235 "Video remote interpreting services" means remote sign language interpretation using real-time, full motion video and audio over a dedicated high-speed, wide-bandwidth video connection or a wireless connection that delivers high-quality video images that do not produce lags, choppy, blurry, or grainy images, or irregular pauses in communication, and that are large enough to display both the interpreter's and the participant's face, arms, hands, and fingers. The audio component of the service should provide a clear, audible transmission of voices.
236236
237237 e. The benefits required by this section shall be provided to the same extent as for any other condition under the policy.
238238
239239 f. This section shall apply to those policies in which the insurer has reserved the right to change the premium.
240240
241241
242242
243243 6. a. An individual health benefits plan that provides hospital and medical expense benefits and is delivered, issued, executed, or renewed in this State pursuant to P.L.1992, c.161 (C.17B:27A-2 et seq.), or approved for issuance or renewal in this State by the Commissioner of Banking and Insurance, on or after the effective date of this act, shall provide coverage for expenses incurred for the services of a qualified sign language interpreter during a health care encounter.
244244
245245 b. Coverage shall be provided, upon the request of an individual who is deaf or hard of hearing, as follows:
246246
247247 (1) the services of a qualified sign language interpreter; or
248248
249249 (2) video remote interpreter services in situations in which the in-person services of a qualified sign language interpreter are not available.
250250
251251 c. Coverage shall not be provided for the services of a sign language interpreter who is a family member or friend of the individual who is deaf or hard of hearing, unless the following conditions have been satisfied:
252252
253253 (1) the family member or friend is a qualified sign language interpreter; and
254254
255255 (2) the individual who is deaf or hard of hearing has consented to having the family member or friend serve as a sign language interpreter during the health care encounter; or
256256
257257 (3) the individual who is deaf or hard of hearing is a minor child, and the parent or legal guardian of the minor child is present and agrees to provide sign language interpretation services for the minor child, as necessary, during the health care encounter.
258258
259259 (4) In a case of suspected domestic violence, a health care provider shall not permit a family member to serve as a sign language interpreter during the health care encounter, and shall instead provide a qualified sign language interpreter or video remote interpreter services for an individual who is deaf or hard of hearing.
260260
261261 (5) In a case in which one or both parents or a legal guardian is suspected of child abuse or neglect of a minor child who is deaf or hard of hearing, the health care provider shall not permit the parent or legal guardian to serve as a sign language interpreter during the health care encounter, and shall instead provide a qualified sign language interpreter for the minor child.
262262
263263 d. As used in this section:
264264
265265 "Deaf" means the condition of having sustained a hearing loss that is so severe that the individual has difficulty in processing linguistic information through hearing, regardless of amplification or other assistive technology.
266266
267267 "Hard of hearing" means the condition of having sustained a hearing loss, whether permanent or fluctuating, which hearing loss may be corrected by amplification or other hearing assistive technology, but which, regardless of correction, presents challenges in processing linguistic information through hearing.
268268
269269 "Qualified sign language interpreter" means a sign language interpreter, preferably with expertise in a medical setting, who is certified by the New Jersey Registry of Interpreters for the Deaf, or by an accredited certifying organization designated by the Division of the Deaf and Hard of Hearing in the Department of Human Services.
270270
271271 "Video remote interpreting services" means remote sign language interpretation using real-time, full motion video and audio over a dedicated high-speed, wide-bandwidth video connection or a wireless connection that delivers high-quality video images that do not produce lags, choppy, blurry, or grainy images, or irregular pauses in communication, and that are large enough to display both the interpreter's and the participant's face, arms, hands, and fingers. The audio component of the service should provide a clear, audible transmission of voices.
272272
273273 e. The benefits required by this section shall be provided to the same extent as for any other condition under the plan.
274274
275275 f. This section shall apply to those plans in which the carrier has reserved the right to change the premium.
276276
277277
278278
279279 7. a. A small employer health benefits plan that provides hospital and medical expense benefits and is delivered, issued, executed, or renewed in this State pursuant to P.L.1992, c.162 (C.17B:27A-17 et seq.), or approved for issuance or renewal in this State by the Commissioner of Banking and Insurance, on or after the effective date of this act, shall provide coverage for expenses incurred for the services of a qualified sign language interpreter during a health care encounter.
280280
281281 b. Coverage shall be provided, upon the request of an individual who is deaf or hard of hearing, as follows:
282282
283283 (1) the services of a qualified sign language interpreter; or
284284
285285 (2) video remote interpreter services in situations in which the in-person services of a qualified sign language interpreter are not available.
286286
287287 c. Coverage shall not be provided for the services of a sign language interpreter who is a family member or friend of the individual who is deaf or hard of hearing, unless the following conditions have been satisfied:
288288
289289 (1) the family member or friend is a qualified sign language interpreter; and
290290
291291 (2) the individual who is deaf or hard of hearing has consented to having the family member or friend serve as a sign language interpreter during the health care encounter; or
292292
293293 (3) the individual who is deaf or hard of hearing is a minor child, and the parent or legal guardian of the minor child is present and agrees to provide sign language interpretation services for the minor child, as necessary, during the health care encounter.
294294
295295 (4) In a case of suspected domestic violence, a health care provider shall not permit a family member to serve as a sign language interpreter during the health care encounter, and shall instead provide a qualified sign language interpreter or video remote interpreter services for an individual who is deaf or hard of hearing.
296296
297297 (5) In a case in which one or both parents or a legal guardian is suspected of child abuse or neglect of a minor child who is deaf or hard of hearing, the health care provider shall not permit the parent or legal guardian to serve as a sign language interpreter during the health care encounter, and shall instead provide a qualified sign language interpreter for the minor child.
298298
299299 d. As used in this section:
300300
301301 "Deaf" means the condition of having sustained a hearing loss that is so severe that the individual has difficulty in processing linguistic information through hearing, regardless of amplification or other assistive technology.
302302
303303 "Hard of hearing" means the condition of having sustained a hearing loss, whether permanent or fluctuating, which hearing loss may be corrected by amplification or other hearing assistive technology, but which, regardless of correction, presents challenges in processing linguistic information through hearing.
304304
305305 "Qualified sign language interpreter" means a sign language interpreter, preferably with expertise in a medical setting, who is certified by the New Jersey Registry of Interpreters for the Deaf, or by an accredited certifying organization designated by the Division of the Deaf and Hard of Hearing in the Department of Human Services.
306306
307307 "Video remote interpreting services" means remote sign language interpretation using real-time, full motion video and audio over a dedicated high-speed, wide-bandwidth video connection or a wireless connection that delivers high-quality video images that do not produce lags, choppy, blurry, or grainy images, or irregular pauses in communication, and that are large enough to display both the interpreter's and the participant's face, arms, hands, and fingers. The audio component of the service should provide a clear, audible transmission of voices.
308308
309309 e. The benefits required by this section shall be provided to the same extent as for any other condition under the plan.
310310
311311 f. This section shall apply to those plans in which the carrier has reserved the right to change the premium.
312312
313313
314314
315315 8. a. A health maintenance organization contract that provides hospital and medical expense benefits and is delivered, issued, executed, or renewed in this State, or approved for issuance or renewal in this State by the Commissioner of Banking and Insurance, on or after the effective date of this act, shall provide coverage for expenses incurred for the services of a qualified sign language interpreter during a health care encounter.
316316
317317 b. Coverage shall be provided, upon the request of an individual who is deaf or hard of hearing, as follows:
318318
319319 (1) the services of a qualified sign language interpreter; or
320320
321321 (2) video remote interpreter services in situations in which the in-person services of a qualified sign language interpreter are not available.
322322
323323 c. Coverage shall not be provided for the services of a sign language interpreter who is a family member or friend of the individual who is deaf or hard of hearing, unless the following conditions have been satisfied:
324324
325325 (1) the family member or friend is a qualified sign language interpreter; and
326326
327327 (2) the individual who is deaf or hard of hearing has consented to having the family member or friend serve as a sign language interpreter during the health care encounter; or
328328
329329 (3) the individual who is deaf or hard of hearing is a minor child, and the parent or legal guardian of the minor child is present and agrees to provide sign language interpretation services for the minor child, as necessary, during the health care encounter.
330330
331331 (4) In a case of suspected domestic violence, a health care provider shall not permit a family member to serve as a sign language interpreter during the health care encounter, and shall instead provide a qualified sign language interpreter or video remote interpreter services for an individual who is deaf or hard of hearing.
332332
333333 (5) In a case in which one or both parents or a legal guardian is suspected of child abuse or neglect of a minor child who is deaf or hard of hearing, the health care provider shall not permit the parent or legal guardian to serve as a sign language interpreter during the health care encounter, and shall instead provide a qualified sign language interpreter for the minor child.
334334
335335 d. As used in this section:
336336
337337 "Deaf" means the condition of having sustained a hearing loss that is so severe that the individual has difficulty in processing linguistic information through hearing, regardless of amplification or other assistive technology.
338338
339339 "Hard of hearing" means the condition of having sustained a hearing loss, whether permanent or fluctuating, which hearing loss may be corrected by amplification or other hearing assistive technology, but which, regardless of correction, presents challenges in processing linguistic information through hearing.
340340
341341 "Qualified sign language interpreter" means a sign language interpreter, preferably with expertise in a medical setting, who is certified by the New Jersey Registry of Interpreters for the Deaf, or by an accredited certifying organization designated by the Division of the Deaf and Hard of Hearing in the Department of Human Services.
342342
343343 "Video remote interpreting services" means remote sign language interpretation using real-time, full motion video and audio over a dedicated high-speed, wide-bandwidth video connection or a wireless connection that delivers high-quality video images that do not produce lags, choppy, blurry, or grainy images, or irregular pauses in communication, and that are large enough to display both the interpreter's and the participant's face, arms, hands, and fingers. The audio component of the service should provide a clear, audible transmission of voices.
344344
345345 e. The benefits required by this section shall be provided to the same extent as for any other condition under the contract.
346346
347347 f. This section shall apply to those contracts for health care services in which the health maintenance organization has reserved the right to change the schedule of charges for enrollee coverage.
348348
349349
350350
351351 9. a. The State Health Benefits Commission shall ensure that every contract purchased on or after the effective date of this act, shall provide coverage for expenses incurred for the services of a qualified sign language interpreter during a health care encounter, at a reimbursement rate of no less than $42.53 per hour.
352352
353353 b. Coverage shall be provided, upon the request of an individual who is deaf or hard of hearing, as follows:
354354
355355 (1) the services of a qualified sign language interpreter; or
356356
357357 (2) video remote interpreter services in situations in which the in-person services of a qualified sign language interpreter are not available.
358358
359359 c. Coverage shall not be provided for the services of a sign language interpreter who is a family member or friend of the individual who is deaf or hard of hearing, unless the following conditions have been satisfied:
360360
361361 (1) the family member or friend is a qualified sign language interpreter; and
362362
363363 (2) the individual who is deaf or hard of hearing has consented to having the family member or friend serve as a sign language interpreter during the health care encounter; or
364364
365365 (3) the individual who is deaf or hard of hearing is a minor child, and the parent or legal guardian of the minor child is present and agrees to provide sign language interpretation services for the minor child, as necessary, during the health care encounter.
366366
367367 (4) In a case of suspected domestic violence, a health care provider shall not permit a family member to serve as a sign language interpreter during the health care encounter, and shall instead provide a qualified sign language interpreter or video remote interpreter services for an individual who is deaf or hard of hearing.
368368
369369 (5) In a case in which one or both parents or a legal guardian is suspected of child abuse or neglect of a minor child who is deaf or hard of hearing, the health care provider shall not permit the parent or legal guardian to serve as a sign language interpreter during the health care encounter, and shall instead provide a qualified sign language interpreter for the minor child.
370370
371371 d. As used in this section:
372372
373373 "Deaf" means the condition of having sustained a hearing loss that is so severe that the individual has difficulty in processing linguistic information through hearing, regardless of amplification or other assistive technology.
374374
375375 "Hard of hearing" means the condition of having sustained a hearing loss, whether permanent or fluctuating, which hearing loss may be corrected by amplification or other hearing assistive technology, but which, regardless of correction, presents challenges in processing linguistic information through hearing.
376376
377377 "Qualified sign language interpreter" means a sign language interpreter, preferably with expertise in a medical setting, who is certified by the New Jersey Registry of Interpreters for the Deaf, or by an accredited certifying organization designated by the Division of the Deaf and Hard of Hearing in the Department of Human Services.
378378
379379 "Video remote interpreting services" means remote sign language interpretation using real-time, full motion video and audio over a dedicated high-speed, wide-bandwidth video connection or a wireless connection that delivers high-quality video images that do not produce lags, choppy, blurry, or grainy images, or irregular pauses in communication, and that are large enough to display both the interpreter's and the participant's face, arms, hands, and fingers. The audio component of the service should provide a clear, audible transmission of voices.
380380
381381 e. The benefits required by this section shall be provided to the same extent as for any other condition under the contract.
382382
383383
384384
385385 10. a. The School Employees' Health Benefits Commission shall ensure that every contract purchased on or after the effective date of this act, shall provide coverage for expenses incurred for the services of a qualified sign language interpreter during a health care encounter, at a reimbursement rate of no less than $42.53 per hour.
386386
387387 b. Coverage shall be provided, upon the request of an individual who is deaf or hard of hearing, as follows:
388388
389389 (1) the services of a qualified sign language interpreter; or
390390
391391 (2) video remote interpreter services in situations in which the in-person services of a qualified sign language interpreter are not available.
392392
393393 c. Coverage shall not be provided for the services of a sign language interpreter who is a family member or friend of the individual who is deaf or hard of hearing, unless the following conditions have been satisfied:
394394
395395 (1) the family member or friend is a qualified sign language interpreter; and
396396
397397 (2) the individual who is deaf or hard of hearing has consented to having the family member or friend serve as a sign language interpreter during the health care encounter; or
398398
399399 (3) the individual who is deaf or hard of hearing is a minor child, and the parent or legal guardian of the minor child is present and agrees to provide sign language interpretation services for the minor child, as necessary, during the health care encounter.
400400
401401 (4) In a case of suspected domestic violence, a health care provider shall not permit a family member to serve as a sign language interpreter during the health care encounter, and shall instead provide a qualified sign language interpreter or video remote interpreter services for an individual who is deaf or hard of hearing.
402402
403403 (5) In a case in which one or both parents or a legal guardian is suspected of child abuse or neglect of a minor child who is deaf or hard of hearing, the health care provider shall not permit the parent or legal guardian to serve as a sign language interpreter during the health care encounter, and shall instead provide a qualified sign language interpreter for the minor child.
404404
405405 d. As used in this section:
406406
407407 "Deaf" means the condition of having sustained a hearing loss that is so severe that the individual has difficulty in processing linguistic information through hearing, regardless of amplification or other assistive technology.
408408
409409 "Hard of hearing" means the condition of having sustained a hearing loss, whether permanent or fluctuating, which hearing loss may be corrected by amplification or other hearing assistive technology, but which, regardless of correction, presents challenges in processing linguistic information through hearing.
410410
411411 "Qualified sign language interpreter" means a sign language interpreter, preferably with expertise in a medical setting, who is certified by the New Jersey Registry of Interpreters for the Deaf, or by an accredited certifying organization designated by the Division of the Deaf and Hard of Hearing in the Department of Human Services.
412412
413413 "Video remote interpreting services" means remote sign language interpretation using real-time, full motion video and audio over a dedicated high-speed, wide-bandwidth video connection or a wireless connection that delivers high-quality video images that do not produce lags, choppy, blurry, or grainy images, or irregular pauses in communication, and that are large enough to display both the interpreter's and the participant's face, arms, hands, and fingers. The audio component of the service should provide a clear, audible transmission of voices.
414414
415415 e. The benefits required by this section shall be provided to the same extent as for any other condition under the contract.
416416
417417
418418
419419 11. a. The NJ FamilyCare program shall provide coverage for expenses incurred for the services of a qualified sign language interpreter during a health care encounter, at a reimbursement rate of no less than $42.40 per hour.
420420
421421 b. Coverage shall be provided, upon the request of an enrollee who is deaf or hard of hearing, as follows:
422422
423423 (1) the services of a qualified sign language interpreter; or
424424
425425 (2) video remote interpreter services in situations in which the in-person services of a qualified sign language interpreter are not available.
426426
427427 c. Coverage shall not be provided for the services of a sign language interpreter who is a family member or friend of the enrollee who is deaf or hard of hearing, unless the following conditions have been satisfied:
428428
429429 (1) the family member or friend is a qualified sign language interpreter; and
430430
431431 (2) the enrollee who is deaf or hard of hearing has consented to having the family member or friend serve as a sign language interpreter during the health care encounter; or
432432
433433 (3) the enrollee who is deaf or hard of hearing is a minor child, and the parent or legal guardian of the minor child is present and agrees to provide sign language interpretation services for the minor child, as necessary, during the health care encounter.
434434
435435 (4) In a case of suspected domestic violence, a health care provider shall not permit a family member to serve as a sign language interpreter during the health care encounter, and shall instead provide a qualified sign language interpreter or video remote interpreter services for an individual who is deaf or hard of hearing.
436436
437437 (5) In a case in which one or both parents or a legal guardian is suspected of child abuse or neglect of a minor child who is deaf or hard of hearing, the health care provider shall not permit the parent or legal guardian to serve as a sign language interpreter during the health care encounter, and shall instead provide a qualified sign language interpreter for the minor child.
438438
439439 d. The Commissioner of Human Services shall apply for such federal waivers or state plan amendments as are necessary to implement the provisions of this section and to continue to secure federal financial participation for State expenditures under the federal Medicaid program and the Children's Health Insurance Program.
440440
441441 e. Coverage of, and the reimbursement rate established for, sign language interpreter services under the NJ FamilyCare program, pursuant to this section, is contingent upon federal approval of the State's application for a waiver or a state plan amendment under Title XIX of the Social Security Act (42 5 U.S.C. s.1315 et seq.).
442442
443443 f. As used in this section:
444444
445445 "Commissioner" means the Commissioner of Human Services.
446446
447447 "Deaf" means the condition of having sustained a hearing loss that is so severe that the individual has difficulty in processing linguistic information through hearing, regardless of amplification or other assistive technology.
448448
449449 "Enrollee" means an individual who is covered under the Medicaid program or the NJ FamilyCare program.
450450
451451 "Hard of hearing" means the condition of having sustained a hearing loss, whether permanent or fluctuating, which hearing loss may be corrected by amplification or other hearing assistive technology, but which, regardless of correction, presents challenges in processing linguistic information through hearing.
452452
453453 "NJ FamilyCare" means the program established pursuant to P.L.2005, c.156 (C.30:4J-8 et al.), which includes the State's Medicaid Program and the Children's Health Insurance Program.
454454
455455 "Qualified sign language interpreter" means a sign language interpreter, preferably with expertise in a medical setting, who is certified by the New Jersey Registry of Interpreters for the Deaf, or by an accredited certifying organization designated by the Division of the Deaf and Hard of Hearing in the Department of Human Services.
456456
457457 "Video remote interpreting services" means remote sign language interpretation using real-time, full motion video and audio over a dedicated high-speed, wide-bandwidth video connection or a wireless connection that delivers high-quality video images that do not produce lags, choppy, blurry, or grainy images, or irregular pauses in communication, and that are large enough to display both the interpreter's and the participant's face, arms, hands, and fingers. The audio component of the service should provide a clear, audible transmission of voices.
458458
459459
460460
461461 12. The State Treasurer and the Commissioners of Banking and Insurance and Human Services, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall adopt such rules and regulations as are necessary to implement the provisions of this act.
462462
463463
464464
465465 13. This act shall take effect on the first day of the fourth month next following the date of enactment, except that the State Treasurer and the Commissioners of Banking and Insurance and Human Services may take any anticipatory administrative action in advance thereof as may be necessary for the implementation of this act.
466466
467467
468468
469469
470470
471471 STATEMENT
472472
473473
474474
475475 This bill requires private health insurance plans, the State Health Benefits Program (SHBP), the School Employees Health Benefits Program (SEHBP), and the NJ FamilyCare program to cover the services of a qualified sign language interpreter during a medical encounter for an individual who is deaf or hard of hearing. A "qualified sign language interpreter" is defined as an interpreter, preferably with expertise in medical interpreting, who is certified by the New Jersey Registry of Interpreters for the Deaf or by an accredited certifying organization designated by the Division of the Deaf and Hard of Hearing in the Department of Human Services.
476476
477477 The bill also establishes a minimum reimbursement rate of $42.40 per hour for sign language interpreter services provided during a medical encounter for NJ FamilyCare enrollees, and $42.53 when such services are provided for an individual covered under the SHBP or the SEHBP.
478478
479479 Under the bill, sign language interpreter services would be provided upon the request of a patient who is deaf or hard of hearing. Video remote interpreter services also would be covered, provided in person interpreter services are not available.
480480
481481 The bill stipulates that interpreter services will not be covered in situations in which such services are provided by a family member or friend of the requester, unless:
482482
483483 1. the family member or friend is a qualified sign language interpreter; and
484484
485485 2. the individual requesting sign language interpreter services consents to having the family member or friend interpret during the medical encounter; or
486486
487487 3. the individual who is deaf or hard of hearing is a minor, and the child's parent or legal guardian is present and agrees to interpret during the medical encounter.
488488
489489 In cases of suspected domestic violence, a health care provider is prohibited from allowing a family member to serve as a sign language interpreter during a health care encounter for an individual who is deaf or hard of hearing; rather, the bill requires the health care provider to provide a qualified sign language interpreter or video remote interpreter services during the encounter. In cases of suspected child abuse or neglect by a parent or legal guardian, the health care provider may not permit the parent or guardian to serve as a sign language interpreter for a minor child who is deaf or hard of hearing. The bill instead requires the health care provider to provide a qualified sign language interpreter for the child during the encounter.
490490
491491 NJ FamilyCare coverage of, and the reimbursement rate for, interpreter services will be contingent upon federal approval of the State's application for any requisite Medicaid or CHIP waivers or state plan amendments.
492492
493493 The Americans with Disabilities Act (ADA), Pub.L.101-336 (42 U.S.C., s. 12101 et seq.) and federal regulations grant individuals who are deaf or hard of hearing the legal right to equal access to, and an equal opportunity to participate in and benefit from, health care. Federal regulations permit the use of sign language interpreters as one of the acceptable "auxiliary aids and services" that medical providers are required to furnish to ensure accessible and effective communication with patients who are deaf or hard of hearing.
494494
495495 Federal regulations prohibit medical providers from billing patients for the provision of sign language interpretation; rather, medical providers are advised to treat expenditures on interpreter services as an administrative or an overhead cost of their practice.
496496
497497 The ADA provides a limited exemption for medical providers who demonstrate that furnishing a specific auxiliary aid or service, as requested by a patient with a disability, would present an undue burden or cause a fundamental change in the nature of the provider's services and goods. In such instances, however, the ADA stipulates that the medical provider must furnish an alternative auxiliary aid or service that would not present an undue burden and would facilitate effective provider-patient communications.
498498
499499 It is the sponsor's intent to codify existing federal requirements concerning sign language interpreter services to ensure that private health insurance plans, the SHBP, the SEHBP, and the NJ FamilyCare program, cover sign language interpreter services during medical encounters for enrollees who are deaf or hard of hearing.