Language access providers (LAPs) are independent contractors who provide spoken language interpretive services for the Department of Social and Health Services, the Department of Children, Youth, and Families, the Department of Labor and Industries, the Health Care Authority, and the Department of Enterprise Services for other state agencies. 

Language access providers are considered state employees only for the purposes of collective bargaining.  The scope of bargaining for LAPs is limited primarily to economic compensation, health and welfare benefits, and other economic matters.  The Governor is named as the public employer for LAPs for the purposes of collective bargaining.

Collective bargaining agreements for LAPs for some, but not all, state agencies have provisions to address when a client needing interpretive services misses or cancels an appointment.  Based on a recent arbitration decision, the Department of Labor and Industries and LAPs may not bargain for fees for missed appointments because the statute governing fees to workers' compensation  providers requires that provider fees cannot exceed the fee schedule established in the Department's rules.  The fee schedule currently prohibits providers from billing for missed appointments except in limited circumstances.

Payments or reimbursements for missed or canceled appointments are part of "economic compensation" that must be bargained between the employer and language access providers. 

If a conflict exists between an executive order, administrative rule, or agency policy relating to wages, hours, and employment conditions, the collective bargaining agreement prevails.  If there is a conflict between a provision in a collective bargaining agreement and a statute, the provision in the agreement is invalid and unenforceable.