BILL REQ. #:  S-5330.1 

READ FIRST TIME 02/08/08.   

     AN ACT Relating to language access services in health care; and creating new sections.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   Hundreds of thousands of patients in Washington need translation and interpretation services to understand medical instructions and diagnoses and to communicate clearly with their doctors. For them, translation and interpretation are essential to assuring that they receive the high quality health care called for by the state's blue ribbon commission. The health care system in the state is not currently meeting the needs of these patients, largely because of unanswered questions about how to fund needed language services.
     Studies document that limited English speakers are less likely to have a regular primary care provider or receive preventative care and more likely to experience medical errors, all of which lead to negative health outcomes and higher long-term costs to the health care system. Furthermore, language barriers impede informed consent for treatment or surgical procedures, leaving health care organizations and providers vulnerable to potentially costly lawsuits.
     According to the 2005 American community survey, four hundred fifty-four thousand Washington residents speak English less than very well. Title VI of the civil rights act of 1964 and executive orders issued by President Clinton and President Bush establish the requirement that health care providers who serve patients in federally funded programs must provide language access services to all patients with limited English proficiency. Nevertheless, most health care providers lack systems and financial resources to provide these services.
     In a 2006 national survey of hospitals, forty-eight percent cited cost and reimbursement concerns as a primary barrier to providing language services. In Washington state, medicaid and the state children's health insurance program reimburse health care providers for interpreter services. Private insurers and the Washington basic health plan do not. Quality language services lead to better health outcomes and long-term cost savings to the health care system, and the private and public sectors should share the responsibility of covering the cost of these vital services.

NEW SECTION.  Sec. 2   The insurance commissioner shall conduct a study of language access problems encountered by consumers who purchase health insurance contracts in the state of Washington. Such study shall include an analysis and recommendations regarding:
     (1) Health care problems encountered by consumers with limited English proficiency;
     (2) Barriers that language problems provide for the understanding of insurance contracts, costs, and the resolution of disputes between consumers and health care providers;
     (3) The feasibility and benefit of requiring health care insurers to provide for communication with limited English proficiency customers in languages other than English; and
     (4) The feasibility of instituting interpretation and translation services by the office of the insurance commissioner for Washington residents to help them receive consumer advice and dispute resolution assistance in languages that they speak and understand. The results of this analysis and associated recommendations shall be reported to the governor and the legislature no later than January 1, 2009.