BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 1376
                                                                  Page  1

          CONCURRENCE IN SENATE AMENDMENTS
          AB 1376 (Roger Hernández)
          As Amended  September 6, 2012
          2/3 vote. Urgency
           
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          |ASSEMBLY:  |     |(May 16, 2013)  |SENATE: |31-1 |(September 12, |
          |           |     |                |        |     |2013)          |
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                    (vote not relevant)

          Original Committee Reference:    JUD  . 

           SUMMARY  :  Delays until March 1, 2014, a regulation adopted by  
          the Division of Workers' Compensation (DWC) that requires  
          medical interpreters in the workers' compensation system to be  
          certified.

           The Senate amendments  :

          1)Delete the prior content of the bill.

          2)Delay until March 1, 2014, regulations adopted by the DWC to  
            implement a provision of SB 863 (De León), Chapter 363,  
            Statutes 2012, that require medical interpreters in the  
            workers' compensation system to be certified and specify how  
            these interpreters can become certified.

          3)Provide that the bill is an urgency measure, to take effect  
            immediately upon enactment.

          EXISTING LAW  :  Provides that, upon adoption of regulations by  
          the DWC, medical interpreters in the workers' compensation  
          system must be certified.  An Emergency Regulation on this issue  
          was adopted on December 19, 2012, and a modified version of the  
          regulation was adopted as a permanent regulation, effective  
          August 13, 2013.

          AS PASSED BY THE ASSEMBLY  , this bill addressed the rules  
          governing interpreters for use by all state agencies.

           FISCAL EFFECT  :  This version of the bill was not referred to a  
          fiscal committee, however, the DWC indicates that it would not  
          result in increased costs.









                                                                  AB 1376
                                                                  Page  2

           Comments  :

           1)Purpose  :  According to proponents, Voters Injured At Work  
            (VIAW), the regulation adopted by the DWC was not able to  
            include a delayed implementation date that would allow  
            interpreters adequate time to comply with the specific  
            certification requirements allowed by the regulation.  As a  
            result, VIAW fears that an insufficient number of certified  
            interpreters will lead to delays in obtaining medical  
            treatment for injured workers who require an interpreter to  
            effectively communicate with their physician.

           2)Current regulation  :  The regulation that is currently in  
            place, which would be delayed upon this measure being signed  
            by the Governor, provides for three pathways for an  
            interpreter to become certified.  First, an interpreter who is  
            on the existing State Personnel Board (SPB) list is  
            automatically certified - however, the SPB has not updated its  
            list in several years, and it is not "open" for new applicants  
            at this time.  An interpreter can also seek certification by  
            passing either the Certification Commission for Healthcare  
            Interpreters (CCHI) exam, or the National Board of  
            Certification for Medical Interpreters (National Board) exams.  
             Representatives of interpreters indicate that it can take up  
            to six months to navigate these certification processes.  The  
            bill provides approximately six and a half months from the  
            effective date of the regulation for uncertified interpreters  
            to obtain the necessary certification.


           Analysis Prepared by  :Mark Rakich / INS. / (916) 319-2086


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