Amended in Assembly April 9, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 389

Introduced by Assembly Member Chau

February 18, 2015

An act to amend Section 1259 of, and to add Section 128731 to, the Health and Safety Code, relating to health facilities.

LEGISLATIVE COUNSEL’S DIGEST

AB 389, as amended, Chau. Hospitals: language assistance services.

(1) Under existing law, the State Department of begin insert Public end insert Health begin delete Care Services end delete licenses and regulates general acute care hospitals, as defined. Existing law requires those hospitals to adopt and review annually a policy for providing language assistance services to patients with language or communication barriers, as defined. Existing law requires a hospital to annually transmit to the department a copy of its updated policy and to include a description of its efforts to ensure adequate and speedy communication between patients with language or communication barriers and staff.

This bill would require a general acute care hospital and the department to make the hospital’s updated policy available to the public on their respective Internet Web sites. begin insert The bill would also require a general acute care hospital to post on its Internet Web site a notice, in English and up to the 5 other most commonly spoken languages in the hospital’s service area, of the availability of language assistance services. end insert The bill would also, if another technology emerges that replaces Internet Web sites, require the department, by regulation, to require a general acute care hospital to make its updated policy available through that subsequent technology. The bill would also require the department to make that policy available through that new technology.

(2) Existing law creates the Office of Statewide Health Planning and Development, prescribes the office’s powers and duties, and designates the office as the single state agency to collect specified data from health facilities and clinics for use by all state agencies.

This bill would require a general acute care hospital to annually file with the office the policy described in (1) above for providing language assistance services to patients with language or communication barriers. The bill would require the office to make that policy available to the public on the office’s Internet Web site or through a subsequent technology that replaces Internet Web sites.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Section 1259 of the Health and Safety Code is
amended to read:

1259.  

(a) (1) The Legislature finds and declares that California
is becoming a land of people whose languages and cultures give
the state a global quality. The Legislature further finds and declares
that access to basic health care services is the right of every resident
of the state, and that access to information regarding basic health
care services is an essential element of that right.

(2) Therefore, it is the intent of the Legislature that when
language or communication barriers exist between patients and
the staff of any general acute care hospital, arrangements shall be
made for interpreters or bilingual professional staff to ensure
adequate and speedy communication between patients and staff.

(b)  As used in this section:

(1)  “Interpreter” means a person fluent in English and in the
necessary second language, who can accurately speak, read, and
readily interpret the necessary second language, or a person who
can accurately sign and read sign language. Interpreters shall have
the ability to translate the names of body parts and to describe
competently symptoms and injuries in both languages. Interpreters
may include members of the medical or professional staff.

(2)  “Language or communication barriers” means:

(A)  With respect to spoken language, barriers that are
experienced by individuals who are limited-English-speaking or
non-English-speaking individuals who speak the same primary
language and who comprise at least 5 percent of the population of
the geographical area served by the hospital or of the actual patient
population of the hospital. In cases of dispute, the state department
shall determine, based on objective data, whether the 5 percent
population standard applies to a given hospital.

(B)  With respect to sign language, barriers that are experienced
by individuals who are deaf and whose primary language is sign
language.

(c)  To ensure access to health care information and services
for limited-English-speaking or non-English-speaking residents
and deaf residents, licensed general acute care hospitals shall:

(1)  Review existing policies regarding interpreters for patients
with limited-English proficiency and for patients who are deaf,
including the availability of staff to act as interpreters.

(2)  (A)  begin insert (i) end insert begin insert   end insert 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 hospital,
the use of an interpreter whenever a language or communication
barrier exists, except when 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
ensure, to the extent possible, as determined by the hospital, that
interpreters are available, either on the premises or accessible by
telephone, 24 hours a day. begin delete The end delete

begin insert (ii) end insert begin insert   end insert begin insert The end insert hospital shall make the updated policy begin insert and a notice of
availability of language assistance services end insert available to the public
on its Internet Web site. begin insert The notice shall be in English and up to
the five other languages most commonly spoken in the hospital’s
service area. end insert If another technology emerges that takes the place
of Internet Web sites, the state department shall direct the hospital,
by regulations adopted pursuant to the rulemaking procedures of
the Administrative Procedure Act (Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code), to make the information required pursuant to this section
available through the subsequent technology.

(B)  begin insert (i) end insert begin insert   end insert The hospital shall annually transmit to the department
a copy of the updated policy and shall include a description of its
efforts to ensure adequate and speedy communication between
patients with language or communication barriers and staff. begin delete The end delete

begin insert (ii) end insert begin insert   end insert begin insert The end insert department shall make the updated policy available to
the public on its Internet Web site. If another technology emerges
that replaces Internet Web sites, the department shall make the
information required pursuant to this section available through
that subsequent technology.

(3)  Develop, and post in conspicuous locations, notices that
advise patients and their families of the availability of interpreters,
the procedure for obtaining an interpreter and the telephone
numbers where complaints may be filed concerning interpreter
service problems, including, but not limited to, a T.D.D. number
for the hearing impaired. The notices shall be posted, at a
minimum, in the emergency room, the admitting area, the entrance,
and in outpatient areas. Notices shall inform patients that interpreter
services are available upon request, shall list the languages for
which interpreter services are available, shall instruct patients to
direct complaints regarding interpreter services to the state
department, and shall provide the local address and telephone
number of the state department, including, but not limited to, a
T.D.D. number for the hearing impaired.

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

(5)  Prepare and maintain as needed a list of interpreters who
have been identified as proficient in sign language and in the
languages of the population of the geographical area serviced who
have the ability to translate the names of body parts, injuries, and
symptoms.

(6)  Notify employees of the hospital’s commitment to provide
interpreters to all patients who request them.

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

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

(9)  Consider developing community liaison groups to enable
the hospital and the limited-English-speaking and deaf communities
to ensure the adequacy of the interpreter services.

(d)  Noncompliance with this section shall be reportable to
licensing authorities.

(e)  Section 1290 shall not apply to this section.

SEC. 2.  

Section 128731 is added to the Health and Safety Code,
to read:

128731.  

(a) A licensed general acute care hospital shall
annually file with the office a policy for providing language
assistance services to patients with language or communication
barriers required pursuant to paragraph (2) of subdivision (c) of
Section 1259.

(b) The office shall make the hospital policy available to the
public on the office’s Internet Web site. If another technology
emerges that replaces Internet Web sites, the office shall make the
hospital policy available through that subsequent technology.