1.1 	A bill for an act
1.2 	relating to health; requiring coverage for interpreter services; establishing an 
1.3 	interpreter services work group; requiring reports; proposing coding for new law 
1.4 	in Minnesota Statutes, chapter 62Q.
1.5 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.6 	Section 1. [62Q.40] LANGUAGE INTERPRETER SERVICES.
1.7 	(a) A health plan must cover sign language interpreter services provided to deaf and 
1.8 	hard-of-hearing enrollees and language interpreter services provided to enrollees with 
1.9 	limited English proficiency in order to facilitate the provision of health care services by a 
1.10 	provider. For purposes of this section, "provider" has the meaning given in section 62J.03, 
1.11 	subdivision 8, and includes a health care provider facility; and "health plan" includes 
1.12 	coverage excluded under section 62A.011, subdivision 3, clauses (6), (7), (9), and (10). 
1.13 	Interpreter services may be provided in person, by telephone, facsimile, video or audio 
1.14 	streaming, or by video conference. In accordance with paragraphs (b) and (c), a health 
1.15 	plan company shall reimburse either the party providing interpreter services directly 
1.16 	for the costs of language interpreter services provided to the enrollee or the provider 
1.17 	arranging for the provision of interpreter services. Providers that employ or contract 
1.18 	with interpreters may bill and shall be reimbursed directly by health plan companies for 
1.19 	such services in accordance with paragraph (b). A health plan company shall provide to 
1.20 	enrollees, upon request, the policies and procedures for addressing the needs of deaf and 
1.21 	hard-of-hearing enrollees and enrollees with limited English proficiency. All parties 
1.22 	providing interpreter services must disclose their methods for ensuring competency upon 
1.23 	request of any health plan company, provider, or consumer.
2.1 	(b) A health plan company may pay for interpreter services as required in paragraph 
2.2 	(a) by establishing a network of interpreter service providers and requiring use of its own 
2.3 	network of interpreter services providers. The health plan company shall consider, as part 
2.4 	of its interpreter service provider network, entering into an agreement with a provider for 
2.5 	use of an interpreter service provider employed by or under contract with the provider if:
2.6 	(1) the provider accepts as reimbursement for services rendered by the provider's 
2.7 	employed or contracted interpreter service provider the lesser of either the health plan 
2.8 	company's reimbursement rate for its in-network interpreter service providers or the 
2.9 	provider's fee for services rendered by the provider's interpreter service provider; and
2.10 	(2) the interpreter service provider meets the published quality standards of the 
2.11 	health plan company.
2.12 	(c) If a health plan company's or a provider's employed or contracted interpreter 
2.13 	service provider is unavailable to provide interpreter services, the health plan company 
2.14 	shall reimburse the interpreter service provider at the lesser of the health plan company's 
2.15 	median reimbursement rate for its in-network interpreter service providers or the 
2.16 	interpreter service provider's fee. An interpreter service provider not employed or under 
2.17 	contract with a health plan company or provider who fails to meet the quality standards 
2.18 	of a health plan company or as required by law, shall be ineligible for reimbursement 
2.19 	under this section.
2.20 	(d) If the health plan company pays the interpreter service provider directly, it has no 
2.21 	obligation to pay the provider under this section.
2.22 	(e) Nothing in this section requires a health plan company to establish a network 
2.23 	of interpreter service providers.

2.24 	EFFECTIVE DATE. This section is effective July 1, 2008, and applies to plans 
2.25 	issued or renewed to provide coverage to Minnesota residents on or after that date unless 
2.26 	the legislature enacts alternative funding sources based on the recommendations of the 
2.27 	commissioner of health.

2.28 	Sec. 2. INTERPRETER SERVICES WORK GROUP.
 2.29 	(a) The commissioner of health shall, in consultation with the commissioners of 
2.30 	commerce, human services, and employee relations, convene a work group to study the 
2.31 	provision of interpreter services to patients in medical and dental care settings. The work 
2.32 	group shall include one representative from each of the following groups:
2.33 	(1) consumers;
2.34 	(2) interpreters;
2.35 	(3) interpreter service providers or agencies;
3.1 	(4) health plan companies;
3.2 	(5) self-insured purchasers;
3.3 	(6) hospitals;
3.4 	(7) health care providers;
3.5 	(8) dental providers;
3.6 	(9) clinic administrators;
3.7 	(10) state agency staff from the Departments of Health, Human Services, and 
3.8 	Employee Relations;
3.9 	(11) Minnesota Registry of Interpreters for the Deaf;
3.10 	(12) local county social services agencies;
3.11 	(13) local public health agencies; and
3.12 	(14) three members from the interpreting stakeholders group.
3.13 	(b) The work group shall develop findings and recommendations on the following: 
3.14 	(1) assuring access to interpreter services;
3.15 	(2) compliance with requirements of federal law and guidance;
3.16 	(3) developing a quality assurance program to ensure the quality of health care 
3.17 	interpreting services, including requirements for training and establishing a certification 
3.18 	process; and 
3.19 	(4) identifying broad-based funding mechanisms for interpreter services.
3.20 	(c) Based on the discussions of the work group, the commissioner shall make 
3.21 	recommendations to the chairs of the health policy and finance committees in the house of 
3.22 	representatives and senate by January 15, 2008, on how to ensure high quality interpreter 
3.23 	services for patients in medical and dental settings, and for a broad-based funding 
3.24 	mechanism for delivering these services.

3.25 	EFFECTIVE DATE. This section is effective the day following final enactment.