SB 316-FN-LOCAL – AS INTRODUCED
2006 SESSION
08/09
SENATE BILL 316-FN-LOCAL
AN ACT requiring interpretation services upon request for persons receiving medical treatment.
SPONSORS: Sen. Fuller Clark, Dist 24; Rep. Velez, Hills 12; Rep. Harvey, Hills 21; Rep. Jeudy, Hills 10; Rep. Jillette, Sull 2
COMMITTEE: Health and Human Services
This bill requires hospitals to provide interpreters to persons not proficient in English upon request.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
06-2910
08/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Six
AN ACT requiring interpretation services upon request for persons receiving medical treatment.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Paragraph; Patients’ Bill of Rights; Definitions. Amend RSA 151:19 by inserting after paragraph VII the following new paragraphs:
VIII. “Language line” or “language bank” means an organization that provides in-state health centers with interpreters via telephone where an in-person interpreter is unavailable.
IX. “Qualified interpreter” means an interpreter that has been trained by or registered with the Southern New Hampshire Health Education Center or is accessed through a language line or language bank.
2 New Paragraph; Patients’ Bill of Rights; Right to Interpreter. Amend RSA 151:21 by inserting after paragraph XX the following new paragraph:
XXI.(a) The patient shall have the right to request to speak with an appropriate bilingual clinician if one is available. If a bilingual clinician is unavailable, the patient shall have access to an interpreter, either in person, or via a telephonic or televiewing interpreter service. The receipt by any non-English speaker of interpreter services shall not be deemed the receipt of a “public benefit” under any provision of law restricting benefits or assistance on the basis of immigrant status.
(b) Subparagraph (a) shall apply to all health care providers and institutions identified in 42 U.S.C. sections 2000d-2000d-7.
3 Effective Date. This act shall take effect January 1, 2007.
LBAO
06-2910
Revised 1/3/06
SB 316 FISCAL NOTE
AN ACT requiring interpretation services upon request for persons receiving medical treatment.
FISCAL IMPACT:
The Departments of Health and Human Services and Administrative Services and the Association of Counties state this bill will increase state, county, and local expenditures by an indeterminable amount in FY 2007 and each year thereafter. This bill will have no fiscal impact on state, county, and local revenue.
METHODOLOGY:
The Department of Health and Human Services states this bill would add to the Patient’s Bill of Rights, the right to any non-English speaking patient to have access to an interpreter, either in person, via telephone, or televiewing services. The Department states New Hampshire’s population of non-English speaking residents is increasing, and under this law could assert the right to interpreter services in the course of obtaining medical services. The Department assumes medical providers would be responsible for securing interpreter services and Medicaid would reimburse $15 per hour for such services. The Department is unable to determine the exact fiscal impact on state, county, and local expenditures at this time.
The Association of Counties states while many nursing homes offer some interpretation services, they are not required to. This bill could lead to increased staff costs at county nursing homes, which would increase county costs by an indeterminable amount.
The Department of Administrative Services states that state, county, and local expenditures will increase by an indeterminable amount assuming that the appointing authority pays for the interpreter. The Department states agencies may be limited within existing funds to pay for this requirement. The Department states it does not know how many, if any, of these interpreters will be required.
The Judicial Branch states the Superior Court has not seen many Patient’s Bill of Rights cases, and this bill is unlikely to add a number sufficient to impact the Branch.
The New Hampshire Municipal Association states they are unable to identify any municipal fiscal impact that would result from this bill.