Enacts the "Equal Access to Health and Human Services for Limited English Speaking Individuals Act"; directs certain state agencies to provide language assistance services for persons seeking family assistance, health or labor services; requires record keeping; requires free translation for 22 languages.
STATE OF NEW YORK
________________________________________________________________________
3260
2017-2018 Regular Sessions
IN SENATE
January 20, 2017
___________
Introduced by Sen. PARKER -- read twice and ordered printed, and when
printed to be committed to the Committee on Finance
AN ACT to amend the executive law, in relation to ensuring equal access
to health and human services for limited English speaking individuals
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Declaration of legislative findings and intent. Title VI of
2 the civil rights act of 1964 provides in pertinent part that "no person
3 in the United States shall on the ground of race, color or national
4 origin, be excluded from participation in, be denied the benefits of, or
5 be subjected to discrimination under any program or activity receiving
6 federal assistance." The United States department of justice and the
7 department of health and human services have stated that failure to
8 provide language assistance to limited English speaking individuals
9 seeking assistance in federally funded, state supervised or administered
10 programs amounts to a violation of Title VI by discriminating against
11 such individuals based upon their national origin.
12 It is and has been the policy of the state of New York to oppose all
13 forms of discrimination, particularly when it relates to the provision
14 of state services, or locally provided services under state supervision.
15 However, the department of health and human services office of civil
16 rights, the office responsible for enforcing Title VI in department of
17 health and human services programs, found that the New York state
18 departments of temporary and disability assistance, the New York state
19 department of health, the New York City human resources administration,
20 and the departments of social services in Nassau and Suffolk counties
21 were in violation of Title VI based upon the state and counties' failure
22 to provide interpretation services for limited English proficient indi-
23 viduals. Specifically, the office of civil rights found that limited
24 English proficient clients seeking and/or applying for subsistence bene-
25 fits such as food stamps and public assistance for children and Medicaid
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05190-01-7
S. 3260 2
1 benefits were routinely unable to access such benefits due to their
2 inability to speak English.
3 A legislative hearing on immigrant child welfare issues also found
4 that the lack of interpreters in child welfare cases resulted in chil-
5 dren in families who were limited English proficient were unnecessarily
6 removed from their parents. In addition, limited English proficient
7 residents of New York have been unable to access unemployment and other
8 services from the department of labor due to the lack of translated
9 materials and interpreters. The New York equal access to health and
10 human services for limited English speaking individuals act serves a
11 twofold purpose: first, the act will ensure that the state is in
12 compliance with federal law in ensuring access to benefits and opportu-
13 nities to participate in any program or activity receiving federal
14 assistance; second, and more importantly, the act will ensure that all
15 those in need of health and human services receive them, and that no one
16 attempting to access such services will be discriminated against based
17 upon the language they speak.
18 § 2. The executive law is amended by adding a new article 14-A to read
19 as follows:
20 ARTICLE 14-A
21 EQUAL ACCESS TO HEALTH AND HUMAN SERVICES FOR LIMITED ENGLISH
22 SPEAKING INDIVIDUALS
23 Section 275. Short title.
24 276. Definitions.
25 277. Agencies.
26 278. Language assistance services.
27 279. Notices.
28 280. Records.
29 281. Language assistance services required.
30 282. Screening and training.
31 283. Miscellaneous.
32 284. Comptroller audits.
33 285. Civil cause of action.
34 286. Limitations.
35 287. Rules.
36 288. Severability.
37 § 275. Short title. This article shall be known and may be cited as
38 the "Equal Access to Health and Human Services for Limited English
39 Speaking Individuals Act".
40 § 276. Definitions. When used in this article, the following terms
41 shall have the following meanings:
42 1. "Agency" shall mean those entities, including any part, subdivi-
43 sion, field office or satellite facility, including offices operated by
44 county governments, required to provide language assistance services
45 pursuant to this article.
46 2. "Agency contractor" shall mean any individual, sole proprietorship,
47 partnership, community based organization, joint venture or corporate
48 entity, including any part, subdivision, field office or satellite
49 facility, which enters into a contract or contracts with an agency to
50 provide agency-related services to the public, and which receives a
51 total of one million dollars or more in payment for such services on an
52 annualized basis pursuant to the terms of such contract or contracts.
53 3. "Bilingual personnel" shall mean agency or agency contractor
54 employees, excluding participants in work experience programs, who
55 provide language assistance services in addition to their duties.
S. 3260 3
1 4. "Contract" shall mean any written agreement, purchase order or
2 instrument whereby the agency is committed to expend or does expend
3 funds in return for work, labor, services, or any combination of the
4 foregoing.
5 5. "Documents" shall mean written material, whether electronic or
6 printed, including but not limited to, forms, applications, notices and
7 correspondence, that require a response or affect benefits levels and/or
8 services.
9 6. "Interpreter personnel" shall mean agency or agency contractor
10 employees whose sole responsibility is to provide language assistance
11 services. Such definition shall not include Work Experience Program
12 participants.
13 7. "Interpretation services" shall mean oral, contemporaneous inter-
14 pretation of oral conversations.
15 8. "Language assistance services" shall mean Level I and Level II
16 language assistance services as defined in this section.
17 9. "Level I language assistance services" shall mean interpretation
18 services and translation services provided by bilingual personnel or
19 interpreter personnel to limited English proficient individuals that
20 ensures their ability to communicate effectively with agency or agency
21 contractor personnel, access benefits and services, participate equally
22 in all substantive programs and understand documents; provided, however,
23 that such services may not be provided by volunteers, relatives, spouses
24 or domestic partners of an individual in need of such services, or by a
25 client of the agency or agency contractor from which such individual is
26 seeking assistance.
27 10. "Level II language assistance services" shall mean language
28 assistance services provided to limited English proficient individuals
29 by means other than interpreter personnel or bilingual personnel that
30 ensures their ability to communicate effectively with agency or agency
31 contractor personnel, access benefits and services, participate equally
32 in all substantive programs and understand documents; provided, however,
33 that such services may not be provided by volunteers, relatives, spouses
34 or domestic partners of an individual in need of such services, or by a
35 client of the agency or agency contractor from which such individual is
36 seeking assistance.
37 11. "Limited English proficient individual" shall mean an individual
38 who identifies as being, or is evidently, unable to speak, read or write
39 the English language at a level that permits him or her to interact
40 effectively with agency or agency contractor personnel.
41 12. "Primary language" shall mean the language chosen by a limited
42 English proficient individual as the language to be used in communicat-
43 ing with such individual.
44 13. "Primary language group" shall mean a group of individuals sharing
45 the same primary language.
46 14. "Translation services" shall mean the translation of written
47 matter either orally or in writing.
48 § 277. Agencies. The following entities shall provide language assist-
49 ance services for services directly provided by such agency and shall be
50 responsible for ensuring that county agencies and agency contractors
51 providing services under state supervision provide language assistance
52 services, as required under this article: the New York state department
53 of family assistance, the New York state department of health, and the
54 New York state department of labor.
S. 3260 4
1 § 278. Language assistance services. 1. Each agency and agency
2 contractor shall provide language assistance services as required under
3 this article free of charge to limited English proficient individuals.
4 2. Agency contractors shall provide language assistance services as
5 required under this article for programs and/or services offered pursu-
6 ant to a contract or contracts with an agency.
7 § 279. Notices. 1. Upon initial contact, whether by telephone or in
8 person, with an individual seeking benefits and/or services offered by
9 an agency or agency contractor, such agency or agency contractor shall
10 notify such individual of the right to free language assistance
11 services. Immediately following such notification, the agency or agency
12 contractor shall determine the primary language of such individual. Such
13 determination shall be made by asking the individual to indicate his or
14 her primary language. If it is determined that such individual's primary
15 language is not English, then upon such determination the agency or
16 agency contractor shall inform such individual in his or her primary
17 language of the right to free language assistance services.
18 2. Within one hundred eighty days after the effective date of this
19 article, each agency and agency contractor shall determine the primary
20 language of each individual currently receiving benefits and/or services
21 provided by such agencies and agency contractors. If it is determined
22 that any such individual's primary language is not English, then upon
23 such determination the agency or agency contractor shall inform such
24 individual in his or her primary language of the right to free language
25 assistance services.
26 3. Each agency and agency contractor shall post conspicuous signs in
27 Albanian, Arabic, Bengali, Cantonese, Creole, French, German, Greek,
28 Hebrew, Hindi, Italian, Khmer, Korean, Mandarin, Polish, Punjabi (Gurmu-
29 khi), Serbo-Croatian, Spanish, Russian, Urdu, Vietnamese, and Yiddish at
30 all agency and agency contractor offices in which services are provided
31 to the public informing limited English proficient individuals of their
32 right to free language assistance services.
33 § 280. Records. Each agency and agency contractor shall maintain a
34 record of the primary language of individuals seeking or receiving agen-
35 cy or agency contractor services. Primary language determinations
36 regarding individuals seeking agency or agency contractor services shall
37 be recorded whether or not such individual actually obtains such
38 services.
39 § 281. Language assistance services required. 1. If, on an annual
40 basis, one hundred or more limited English proficient individuals
41 belonging to the same primary language group seek or receive services or
42 benefits at an agency or agency contractor, then such agency or agency
43 contractor shall provide Level I language assistance services immediate-
44 ly in all interactions with a member of such primary language group,
45 whether such interaction is by telephone or in person, and all corre-
46 spondence from such agency or agency contractor to any member of such
47 primary language group shall be written in such member's primary
48 language.
49 2. If, on an annual basis, between at least twenty-five but no more
50 than ninety-nine limited English proficient individuals belonging to the
51 same primary language group seek or receive services or benefits at an
52 agency or agency contractor, then such agency or agency contractor shall
53 provide Level I language assistance services within twenty-four hours of
54 a request for such services by a member of such primary language group.
55 3. If, on an annual basis, fewer than twenty-five limited English
56 proficient individuals belonging to the same primary language group seek
S. 3260 5
1 or receive services or benefits at an agency or agency contractor, then
2 such agency or agency contractor shall provide Level I language assist-
3 ance services or Level II language assistance services within twenty-
4 four hours of a request for language assistance by a member of such
5 primary language group.
6 4. During the first ninety days after the effective date of this arti-
7 cle, each agency and agency contractor shall determine the number of
8 limited English proficient individuals for each primary language group
9 seeking and/or receiving services from such agency or agency contractor
10 during such period, and shall multiply each such number by four to
11 determine a projected annual number of limited English proficient indi-
12 viduals in need of language assistance services. The result of such
13 calculation shall determine the initial level of language assistance
14 services required under this section. The determination of the level of
15 language assistance services required under this article shall be made
16 annually and based on annual data thereafter.
17 5. Where an application or form requires completion in English by a
18 limited English proficient individual for submission to a state authori-
19 ty, the agency or agency contractor shall provide oral translation of
20 such application or form as well as certification by the limited English
21 proficient individual that the form was translated and completed by an
22 interpreter.
23 6. English versions of all documents shall include in ten point type
24 in Albanian, Arabic, Bengali, Cantonese, Creole, French, German, Greek,
25 Hebrew, Hindi, Italian, Khmer, Korean, Mandarin, Polish, Punjabi (Gurmu-
26 khi), Serbo-Croatian, Spanish, Russian, Urdu, Vietnamese, and Yiddish
27 the following statement: "IMPORTANT: This document contains important
28 information about your benefits. We will translate this document for you
29 free of charge." Following such statement shall be the name, telephone
30 number and address of the agency or agency contractor to contact to
31 request free translation of the document.
32 § 282. Screening and training. 1. Before bilingual personnel or inter-
33 preter personnel may provide language assistance services, such person-
34 nel must be screened by the agency or agency contractor employing such
35 personnel to ensure that they are capable of providing such services
36 effectively. In addition, each agency and agency contractor shall
37 provide annual training for such personnel to ensure that such personnel
38 are providing language assistance services effectively.
39 2. Each agency or agency contractor providing Level II language
40 assistance services shall ensure that such services are effective.
41 § 283. Miscellaneous. 1. Nothing in this section shall preclude an
42 agency or agency contractor from providing language services in addition
43 to those required under this article.
44 2. Language assistance services required pursuant to this article to
45 be provided by an agency shall be performed by employees of such agency.
46 3. If an agency contractor enters into an agreement with an entity to
47 provide services to the public that such agency contractor is required
48 to provide under a contract with an agency, then such entity shall be
49 considered an agency contractor for purposes of this article and shall
50 provide language assistance services as required in this article.
51 4. This article shall not apply to any contract with an agency
52 contractor entered into prior to the effective date of this article,
53 except that renewal, amendment or modification of such contract occur-
54 ring on or after such effective date shall be subject to the provisions
55 of this article.
S. 3260 6
1 § 284. Comptroller audits. 1. The comptroller shall conduct annual
2 audits of the agencies and agency contractors required to provide
3 language assistance services pursuant to this article. Such audits
4 shall generally determine the effectiveness of the language assistance
5 services provided by each agency and agency contractor. Specifically,
6 such audits shall include, but not be limited to, the following informa-
7 tion: (a) The number of requests for language assistance services,
8 disaggregated by agency and agency contractor, type of language assist-
9 ance requested and primary language;
10 (b) The number of limited English proficient individuals served,
11 disaggregated by agency and agency contractor, type of language assist-
12 ance requested and primary language;
13 (c) The number of bilingual personnel and the number of interpreter
14 personnel, disaggregated by agency, agency contractor and language
15 translated by such personnel;
16 (d) The average length of time to provide language assistance services
17 to limited English proficient individuals, disaggregated by agency,
18 agency contractor and primary language;
19 (e) Whether primary language determinations are properly recorded,
20 disaggregated by agency and agency contractor; and
21 (f) Whether, as determined through a random sampling of translated
22 documents, documents have been translated properly and in a timely
23 manner and sent to the appropriate party, disaggregated by agency and
24 agency contractor.
25 2. Whenever possible, the results of such audits shall be verified
26 through direct contact with a statistically significant sample of agency
27 and/or agency contractor clients.
28 § 285. Civil cause of action. Except as otherwise provided by law, any
29 person claiming to be injured by the failure of an agency or agency
30 contractor to provide language assistance services as required under
31 this article, shall have a cause of action against such agency or agency
32 contractor in any court of competent jurisdiction for any or all of the
33 following relief: (a) compensatory and punitive damages;
34 (b) injunctive and declaratory relief;
35 (c) attorneys' fees and costs; and
36 (d) such other relief as a court may deem appropriate.
37 § 286. Limitations. A civil action under this article must be
38 commenced within one year after the alleged violation of the require-
39 ments of this article. If, however, due to injury or disability result-
40 ing from an act or acts giving rise to a cause of action under this
41 article, or due to infancy as defined in the civil practice law and
42 rules, a person entitled to commence an action under this article is
43 unable to do so at the time such cause of action accrues, then the time
44 within which the action must be commenced shall be extended to one year
45 after the inability to commence the action ceases.
46 § 287. Rules. Each agency shall promulgate such rules as are necessary
47 for the purposes of implementing and carrying out the provisions of this
48 article. Such rules shall be applicable to the agency that promulgated
49 the rules as well as to agency contractors associated with such agency.
50 § 288. Severability. If any section, subdivision, sentence, clause,
51 phrase or other portion of this article is, for any reason, declared
52 unconstitutional or invalid, in whole or in part, by any court of compe-
53 tent jurisdiction such portion shall be deemed severable, and such
54 unconstitutionality or invalidity shall not affect the validity of the
55 remaining portions of this law, which remaining portions shall continue
56 in full force and effect.
S. 3260 7
1 § 3. This act shall take effect on the one hundred eightieth day after
2 it shall have become a law.
