Illinois Hospital Association

Members Login Automatically
login		   User ID:   Password: Forgot your password?
Don't have a password?

October 16, 2007

Changes to Language Assistance Services Act

On October 11, amendments to the Language Assistance Services Act became law.

This memo explains the new requirements for hospitals and nursing homes as they provide services to limited English proficient and deaf patients and residents. The attachment contains information and registration materials for an upcoming IHA program on language assistance.

Please forward this memo and attachment to Directors of Language Assistance Services for limited English proficient and deaf and hard of hearing individuals.

A. BACKGROUND. Previously, the Language Assistance Services Act required that health care facilities perform one or more actions specified in the Act to provide language assistance services to patients with language or communication barriers. A barrier exists (1) for an individual who is deaf and whose primary language is sign language and (2) for individuals whose primary language other than English is spoken by at least 5% of the patients served by the health facility annually.

Effective October 11, 2007, the enacted amendments make certain of those specified actions required, while the others remain optional.

B. REQUIRED ACTIONS. Health care facilities must do the following:

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

(2) Develop and post notices in conspicuous locations that advise patients and their families of the availability of interpreters, the procedure for obtaining an interpreter, and the telephone numbers to call for filing complaints concerning interpreter service problems, including a TTY number for persons who are deaf or hard of hearing. The notices shall be posted, at a minimum, in the emergency room, admitting area, facility entrance, and outpatient area and shall inform patients that interpreter services are available on request; shall list the languages most commonly encountered at the facility for which interpreter services are available, and shall instruct patients to direct complaints regarding interpreter services to the Department of Public Health, including the telephone numbers to call for that purpose. (The central complaint number is 1-800-252-4343.)

(3) Notify the facility’s employees of the language services available at the facility and train them on how to make those language services available to patients.

C. ADDITIONAL OPTIONS. In addition, a health facility may, but is not required to do, one or more of the following:

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

(2) Prepare and maintain, as needed, a list of interpreters who have been identified as proficient in sign language according to the Interpreters for the Deaf Act and a list of the languages of the population of the geographical area served by the facility.

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

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

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

IHA PROGRAM INFORMATION. To gain a deeper understanding of state and federal requirements as well as promising practices for implementing services to deaf individuals and LEP persons, plan to attend the IHA’s November 14 program, "Communicating Effectively with Deaf and Limited English Proficient Individuals – What Hospitals Need to Know."

At the time of this memo, no Public Act number has yet been assigned to the amendments. SB 544 "enrolled" contains the enacted language. SB544 enrolled can be accessed by clicking here.

IHA hopes this information is helpful. If you have any questions about the requirements of the legislation described in the memo, please contact Barb Haller at bhaller@ihastaff.org or 630.276.5474.