BILL NUMBER: AB 635 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 18, 2016
INTRODUCED BY Assembly Member Atkins
FEBRUARY 24, 2015
An act to add and repeal Article 4.6 (commencing with
Section 14146) to of Chapter 7 of Part
3 of Division 9 of the Welfare and Institutions Code, relating to
Medi-Cal.
LEGISLATIVE COUNSEL'S DIGEST
AB 635, as amended, Atkins. Medical interpretation services.
Existing law provides for the Medi-Cal program, which is
administered by the State Department of Health Care Services, under
which qualified low-income individuals receive health care services.
The Medi-Cal program is, in part, governed and funded by federal
Medicaid program provisions. Existing federal law provides for
increased administrative funding for translation and interpretation
services provided in connection with the enrollment, retention, and
use of services under the Medicaid program.
This bill would require the department to seek federal
funding to establish a program to provide and reimburse for certified
medical interpretation services, except sign language interpretation
services, to work with stakeholders to conduct a
study to identify current requirements for medical interpretation
services as well as education, training, and licensure requirements,
analyze other state Medicaid programs, make recommendations on
strategies that may be employed regarding the provision of medical
interpretation services for Medi-Cal beneficiaries who are
limited English proficient. The program would offer medical
interpreter services to Medi-Cal providers serving beneficiaries on
either a fee-for-service or managed care basis. This bill would
specify the requirements for medical interpreter services contracts
between the state and health care providers or entities. It would
require the department to pursue all available sources of federal
funding and federal approvals necessary to implement the bill. The
bill also would require the department to create a community advisory
committee to advise on the bill's implementation.
proficient, and establish a pilot project in up to 4 separate sites
to evaluate a mechanism to provide and improve medical interpretation
services for those individuals. The bill would authorize the
department to expend specified funds for the support of activities
relating to medical interpreters for a pilot project, study, or both.
The bill also would require the department to seek any available
federal funding for the purposes of the bill and would make
expenditure of all of the described funds contingent on approval by
the Department of Finance, as specified. The bill would require the
department, commencing in 2017, to provide an annual update to the
budget committees of the Legislature on the implementation of the
bill, as specified. The provisions of the bill would become
inoperative on July 1, 2020.
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. It is the intent of the Legislature to do all
of the following: support activities related to a
medical interpretation pilot project, study, or both, to be
administered by the State Department of Health Care Services, in
order to assess the process for delivering language interpretation
services for limited English proficient (LEP) Medi-Cal beneficiaries
and make recommendations regarding existing medical interpretation
services and possible mechanisms to improve those
services.
(a) Create a program to provide reliable access to language
interpretation for Medi-Cal beneficiaries who are limited English
proficient.
(b) Establish a mechanism for accessing federal Medicaid matching
funds to provide a majority of the funding for the program.
(c) Enable trained interpreters to meet the demand for language
services for a significant portion of Medi-Cal beneficiaries with
limited English proficiency.
(d) Facilitate accurate and timely communication between
limited-English-proficient patients and their health care providers,
which will improve quality of care, reduce medical errors, increase
patient understanding and compliance with health diagnoses and care
plans, and reduce the cost of health care by eliminating unnecessary
tests and other care.
SEC. 2. Article 4.6 (commencing with Section 14146) is added to
Chapter 7 of Part 3 of Division 9 of the Welfare and Institutions
Code, to read:
Article 4.6. Medi-Cal Medical Interpretation Services
14146. (a) The department shall seek federal funding to
establish a program to provide and reimburse for certified medical
interpretation services to work with identified
stakeholders to conduct a study to identify current requirements for
medical interpretation services as well as education, training, and
licensure requirements, analyze other state Medicaid programs, and
make recommendations on strategies that may be employed regarding the
provision of medical interpretation services for Medi-Cal
beneficiaries who are limited English proficient.
proficient (LEP), in compliance with applicable state and
federal requirements.
(b) The program shall offer medical interpreter services to
Medi-Cal providers serving beneficiaries on either a fee-for-service
or managed care basis, pursuant to this chapter.
(c) A health care provider or entity entering into a Medi-Cal
provider agreement or Medi-Cal managed care contract with the state,
including Medi-Cal managed care organizations (MMCOs) and their
subcontracting plans, and fee-for-service providers, may utilize the
program to provide medical interpreter services to Medi-Cal
beneficiaries.
(d) All contracts between MMCOs and their subcontractors,
including health providers and other health plans, shall include
provisions describing access to medical interpreter services under
the program.
(e) The department shall pursue all available sources of federal
funding to establish and administer the program and shall seek
federal approvals necessary to implement this article.
(f) The department shall create a community advisory committee,
consisting of stakeholders and health care providers, to advise on
the implementation of this article.
(g) This article shall not apply to sign language interpretation
services.
(b) The study also shall assess and make recommendations on pilot
projects that would further the objectives of this article, including
funding for those activities and the allowable use of federal
funding.
(c) Based on the recommendations of the study related to pilot
projects established under subdivision (b), and available funding
pursuant to subdivision (f), the department shall work with
identified stakeholders to establish a pilot project in up to four
separate sites to evaluate a mechanism to provide and improve medical
interpretation services for LEP Medi-Cal beneficiaries. In
identifying sites, the department shall take into account both the
need for those services and the recommendations from the study.
(d) The department may use or contract with an external vendor,
vendors, or other contracted subject matter experts to implement the
activities described in this section. The department shall consult
with identified stakeholders regarding the draft initial scope of
work that shall be used to seek and evaluate proposals pursuant to
this section.
(e) (1) Each year, commencing in 2017, during the annual state
budget process, the department shall provide an update to the budget
committees of the Legislature on the implementation of this article.
(2) Any report submitted under this subdivision shall be submitted
in compliance with Section 9795 of the Government Code.
(f) (1) For activities under this section, the department may
expend up to three million dollars ($3,000,000) under Provision 14 of
Item 4260-101-0001 of Section 2.00 of the Budget Act of 2016
(Chapter 23 of the Statutes of 2016) for the support of activities
related to a medical interpreters pilot project, study, or both.
(2) The department may seek any available federal funding for
support of activities relating to medical interpretation services as
provided under this section.
(3) Expenditure or encumbrance of the funds described in this
subdivision is contingent upon approval by the Department of Finance.
14146.5. This article shall become inoperative on July 1, 2020,
and, as of January 1, 2021, is repealed, unless a later enacted
statute, that becomes operative on or before January 1, 2021, deletes
or extends the dates on which it becomes inoperative and is
repealed.