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Minnesota Legislature

Office of the Revisor of Statutes

SF 875

1st Engrossment - 91st Legislature (2019 - 2020) Posted on 03/05/2019 09:05am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - 1st Engrossment

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A bill for an act
relating to health occupations; establishing a registry system for spoken language
health care interpreters; requiring a report; appropriating money;amending
Minnesota Statutes 2018, section 256B.0625, subdivision 18a; proposing coding
for new law as Minnesota Statutes, chapter 146C; repealing Minnesota Statutes
2018, section 144.058.

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

Section 1.

new text begin [146C.01] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Applicability. new text end

new text begin The definitions in this section apply to this chapter.
new text end

new text begin Subd. 2. new text end

new text begin Advisory council. new text end

new text begin "Advisory council" means the Spoken Language Health
Care Interpreter Advisory Council established in section 146C.06.
new text end

new text begin Subd. 3. new text end

new text begin Certified interpreter. new text end

new text begin "Certified interpreter" means a spoken language health
care interpreter who meets the requirements in section 146C.02, subdivision 4.
new text end

new text begin Subd. 4. new text end

new text begin Code of ethics. new text end

new text begin "Code of ethics" means the National Code of Ethics for
Interpreters in Health Care, as published by the National Council on Interpreting in Health
Care or its successor, or the International Medical Interpreters Association or its successor.
new text end

new text begin Subd. 5. new text end

new text begin Commissioner. new text end

new text begin "Commissioner" means the commissioner of health.
new text end

new text begin Subd. 6. new text end

new text begin Common languages. new text end

new text begin "Common languages" means the ten most frequent
languages without regard to dialect in Minnesota for which interpreters are listed on the
registry.
new text end

new text begin Subd. 7. new text end

new text begin Core interpreter. new text end

new text begin "Core interpreter" means a spoken language health care
interpreter who meets the requirements in section 146C.02, subdivision 2.
new text end

new text begin Subd. 8. new text end

new text begin Interpreting standards of practice. new text end

new text begin "Interpreting standards of practice" means
the interpreting standards of practice in health care as published by the National Council
on Interpreting in Health Care or its successor, or the International Medical Interpreters
Association or its successor.
new text end

new text begin Subd. 9. new text end

new text begin Proficient interpreter. new text end

new text begin "Proficient interpreter" means a spoken language health
care interpreter who meets the requirements of section 146C.02, subdivision 3.
new text end

new text begin Subd. 10. new text end

new text begin Registry. new text end

new text begin "Registry" means a database of spoken language health care
interpreters in Minnesota who have met the qualifications described under section 146C.02,
subdivision 2, 3, or 4, which shall be maintained by the commissioner of health.
new text end

new text begin Subd. 11. new text end

new text begin Remote interpretation. new text end

new text begin "Remote interpretation" means spoken language
interpreting services provided via a telephone or by video conferencing.
new text end

new text begin Subd. 12. new text end

new text begin Spoken language health care interpreter or interpreter. new text end

new text begin "Spoken language
health care interpreter" or "interpreter" means an individual who receives compensation or
other remuneration for providing spoken language interpreter services for patients with
limited English proficiency within a medical setting either by face-to-face interpretation or
remote interpretation.
new text end

new text begin Subd. 13. new text end

new text begin Spoken language interpreting services. new text end

new text begin "Spoken language interpreting
services" means the conversion of one spoken language into another by an interpreter for
the purpose of facilitating communication between a patient and a health care provider who
do not share a common spoken language.
new text end

Sec. 2.

new text begin [146C.02] REGISTRY.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin (a) By July 1, 2021, the commissioner of health shall
establish and maintain a registry for spoken language health care interpreters. To be eligible
for the registry, an applicant must:
new text end

new text begin (1) be at least 18 years of age;
new text end

new text begin (2) affirm by signature, which may include electronic signature, that the applicant has
read the code of ethics and the interpreting standards of practice identified on the registry
website and agrees to abide by them;
new text end

new text begin (3) not be on the state or federal Medicaid or Medicare provider exclusion list; and
new text end

new text begin (4) meet the requirements described under subdivision 2, 3, or 4.
new text end

new text begin (b) An individual who chooses to be listed on the registry must submit an application
to the commissioner on a form provided by the commissioner along with the applicable fees
required under section 146C.07. The form must include the applicant's name, contact address
and telephone number, and the languages for which the applicant is available to interpret.
The application must indicate whether the applicant is seeking to be listed on the registry
as a core interpreter, a proficient interpreter, or a certified interpreter, and must include
evidence of meeting the applicable requirements.
new text end

new text begin (c) Upon receipt of the application, the commissioner shall determine if the applicant
meets the requirements for the specified category. The commissioner may request further
information from the applicant if the information provided is not complete or accurate. The
commissioner shall notify the applicant of action taken on the application, and if the
application is denied, the grounds for denying the application.
new text end

new text begin (d) An applicant whose application for the registry is denied may make a written request
to the commissioner, within 30 days of the date of notification to the applicant, for
reconsideration of the denial. Applicants requesting reconsideration may submit information
that the applicant wants considered in the reconsideration. After reconsideration of the
commissioner's determination to deny an application, the commissioner shall determine
whether the original determination should be affirmed or modified. An applicant may make
only one request for reconsideration of the commissioner's determination to deny an
application.
new text end

new text begin (e) If the commissioner denies an application, the applicant may reapply for the same
category or another category. If an applicant applies for a different category or reapplies
for the same category, the applicant must submit with the new application the applicable
fees under section 146C.07.
new text end

new text begin (f) Applicants who qualify for different categories for different languages shall only be
required to complete one application and submit the required application fee.
new text end

new text begin (g) The commissioner may request, as deemed necessary, additional information from
an applicant to determine or verify qualifications or collect information to manage the
registry.
new text end

new text begin Subd. 2. new text end

new text begin Requirements for core interpreter. new text end

new text begin (a) To be listed on the registry as a core
interpreter, an applicant must either: (1) pass a written examination in English approved by
the commissioner, in consultation with the advisory council, on interpreter ethics, standards
of practice, and basic medical terminology at an accuracy level established by the
commissioner; or (2) provide the commissioner with written proof of successfully completing
a medical interpreter training program approved by the commissioner that is at a minimum
40 hours in duration.
new text end

new text begin (b) To meet the examination requirement in paragraph (a), clause (1), the examination
must be administered in accordance with a process identified by the commissioner, using
a method that allows for the identification of the individual taking the examination.
new text end

new text begin (c) The commissioner may authorize an applicant to take an oral examination instead
of the written examination, if the oral examination meets the requirements in paragraphs
(a) and (b).
new text end

new text begin Subd. 3. new text end

new text begin Requirements for proficient interpreters. new text end

new text begin To be listed on the registry as a
proficient interpreter, an applicant must:
new text end

new text begin (1) provide written proof of successfully completing a medical interpreter training
program approved by the commissioner that is, at a minimum, 40 hours in duration; and
new text end

new text begin (2) demonstrate oral proficiency in English and the non-English targeted language the
applicant is seeking to be listed for on the registry as evidenced by:
new text end

new text begin (i) achieving a proficiency rating of advanced mid-level or higher on the Oral Proficiency
Interview from the American Council on the Teaching of Foreign Languages (ACTFL)
administered by Language Testing International; or
new text end

new text begin (ii) satisfying an alternative method approved by the commissioner, in consultation with
the advisory council, demonstrate oral proficiency in either English or the non-English
targeted language, or both, including but not limited to completing an oral proficiency test
with performance at a proficiency level equivalent to advanced mid-level or higher on the
ACTFL scale, or providing a certificate of completion from an educational institution that
has been approved by the commissioner.
new text end

new text begin Subd. 4. new text end

new text begin Requirements for certified interpreter. new text end

new text begin (a) To be listed on the registry as a
certified interpreter, an applicant must:
new text end

new text begin (1) have a full certification from the Certification Commission for HealthCare Interpreters
(CCHI) or from the National Board of Certification for Medical Interpreters (CMI); or
new text end

new text begin (2) for languages where full certification from CCHI or CMI is not available, the applicant
must:
new text end

new text begin (i) have a partial certification from CCHI or CMI; and
new text end

new text begin (ii) meet the oral proficiency requirement under subdivision 3, clause (3).
new text end

new text begin (b) For purposes of this subdivision, full certification means passing both written and
oral certification examinations, and a partial certification means passing only the written
certification examination.
new text end

new text begin Subd. 5. new text end

new text begin Registry website. new text end

new text begin The commissioner shall maintain the registry on the
Department of Health's website. The commissioner shall include on the website information
on resources, including financial assistance, that may be available to interpreters to assist
interpreters in meeting registry training and testing requirements.
new text end

new text begin Subd. 6. new text end

new text begin Change of name and address. new text end

new text begin Interpreters listed on the registry who change
their name, address, or e-mail address must inform the commissioner in writing of the change
within 30 days. All notices or other correspondence mailed to the interpreter's address or
e-mail address on file with the commissioner shall be considered as having been received
by the interpreter.
new text end

new text begin Subd. 7. new text end

new text begin Data. new text end

new text begin Section 13.41 applies to government data of the commissioner on
applicants and interpreters who are listed on the registry.
new text end

Sec. 3.

new text begin [146C.03] RENEWAL.
new text end

new text begin Subdivision 1. new text end

new text begin Registry period. new text end

new text begin Listing on the registry is valid for a one-year period.
To renew inclusion on the registry, an interpreter must submit:
new text end

new text begin (1) a renewal application on a form provided by the commissioner;
new text end

new text begin (2) a continuing education report on a form provided by the commissioner as specified
under section 146C.05; and
new text end

new text begin (3) the required fees under section 146C.07.
new text end

new text begin Subd. 2. new text end

new text begin Notice. new text end

new text begin (a) Sixty days before the registry expiration date, the commissioner
shall send out a renewal notice to the spoken language health care interpreter's last known
address or e-mail address on file with the commissioner. The notice must include an
application for renewal and the amount of the fee required for renewal. If the interpreter
does not receive the renewal notice, the interpreter is still required to meet the deadline for
renewal to qualify for continuous inclusion on the registry.
new text end

new text begin (b) An application for renewal must be received by the commissioner or postmarked at
least 30 calendar days before the registry expiration date.
new text end

new text begin Subd. 3. new text end

new text begin Late fee. new text end

new text begin A renewal application received by the commissioner after the registry
expiration date must include the late fee specified in section 146C.07.
new text end

new text begin Subd. 4. new text end

new text begin Lapse in renewal. new text end

new text begin An interpreter whose registry listing has been expired for
a period of one year or longer must submit a new application to be listed on the registry
instead of a renewal application.
new text end

Sec. 4.

new text begin [146C.04] DISCIPLINARY ACTIONS; OVERSIGHT OF COMPLAINTS.
new text end

new text begin Subdivision 1. new text end

new text begin Prohibited conduct. new text end

new text begin (a) The following conduct is prohibited and is
grounds for disciplinary or corrective action:
new text end

new text begin (1) failure to provide spoken language interpreting services consistent with the code of
ethics and interpreting standards of practice, or performance of the interpretation in an
incompetent or negligent manner;
new text end

new text begin (2) conviction of a crime, including a finding or verdict of guilt, an admission of guilt,
or a no-contest plea, in any court in Minnesota or any other jurisdiction in the United States,
demonstrably related to engaging in spoken language health care interpreter services.
Conviction includes a conviction for an offense which, if committed in this state, would be
deemed a felony;
new text end

new text begin (3) conviction of violating any state or federal law, rule, or regulation that directly relates
to the practice of spoken language health care interpreters;
new text end

new text begin (4) adjudication as mentally incompetent or as a person who is dangerous to self, or
adjudication pursuant to chapter 253B as chemically dependent, developmentally disabled,
mentally ill and dangerous to the public, or as a sexual psychopathic personality or sexually
dangerous person;
new text end

new text begin (5) violation of or failure to comply with an order issued by the commissioner;
new text end

new text begin (6) obtaining money, property, services, or business from a client through the use of
undue influence, excessive pressure, harassment, duress, deception, or fraud;
new text end

new text begin (7) revocation of the interpreter's national certification as a result of disciplinary action
brought by the national certifying body;
new text end

new text begin (8) failure to perform services with reasonable judgment, skill, or safety due to the use
of alcohol or drugs or other physical or mental impairment;
new text end

new text begin (9) engaging in conduct likely to deceive, defraud, or harm the public;
new text end

new text begin (10) demonstrating a willful or careless disregard for the health, welfare, or safety of a
client;
new text end

new text begin (11) failure to cooperate with the commissioner or advisory council in an investigation
or to provide information in response to a request from the commissioner or advisory council;
new text end

new text begin (12) aiding or abetting another person in violating any provision of this chapter; and
new text end

new text begin (13) release or disclosure of a health record in violation of sections 144.291 to 144.298.
new text end

new text begin (b) In disciplinary actions alleging a violation of paragraph (a), clause (2), (3), or (4), a
copy of the judgment or proceeding under seal of the court administrator, or of the
administrative agency that entered the same, is admissible into evidence without further
authentication and constitutes prima facie evidence of its contents.
new text end

new text begin Subd. 2. new text end

new text begin Complaints. new text end

new text begin (a) The commissioner shall establish operating procedures for
receiving and investigating complaints and imposing disciplinary or corrective action
consistent with the notifications and resolution provisions in section 214.103, subdivision
1a.
new text end

new text begin (b) The procedures may include procedures for sharing complaint information with
government agencies in this and other states. Procedures for sharing complaint information
must be consistent with the requirements for handling government data in chapter 13.
new text end

new text begin Subd. 3. new text end

new text begin Discovery. new text end

new text begin In all matters relating to the lawful regulation activities under this
chapter, the commissioner may issue subpoenas to require the attendance and testimony of
witnesses and production of books, records, correspondence, and other information relevant
to any matter involved in the investigation. The commissioner or the commissioner's designee
may administer oaths to witnesses or take their affirmation. A subpoena may be served upon
any person it names anywhere in the state by any person authorized to serve subpoenas or
other processes in civil actions of the district courts. If a person to whom a subpoena is
issued does not comply with the subpoena, the commissioner may apply to the district court
in any district and the court shall order the person to comply with the subpoena. Failure to
obey the order of the court may be punished by the court as contempt of court. All
information pertaining to individual medical records obtained under this section is health
data under section 13.3805, subdivision 1.
new text end

new text begin Subd. 4. new text end

new text begin Hearings. new text end

new text begin If the commissioner proposes to take action against an interpreter
as described in subdivision 5, the commissioner must first notify the person against whom
the action is proposed to be taken and provide the person with an opportunity to request a
hearing under the contested case provisions of chapter 14. Service of a notice of disciplinary
action may be made personally or by certified mail, return receipt requested. If the person
does not request a hearing by notifying the commissioner within 30 days after service of
the notice of the proposed action, the commissioner may proceed with the action without a
hearing.
new text end

new text begin Subd. 5. new text end

new text begin Disciplinary actions. new text end

new text begin If the commissioner finds that an interpreter who is listed
on the registry has violated any provision of this chapter, the commissioner may take any
one or more of the following actions:
new text end

new text begin (1) censure or reprimand the interpreter;
new text end

new text begin (2) impose limitations or conditions on the interpreter's practice, or impose rehabilitation
requirements to retain status on the registry;
new text end

new text begin (3) suspend the interpreter from the registry for a limited period of time; or
new text end

new text begin (4) permanently remove the interpreter from the registry.
new text end

new text begin Subd. 6. new text end

new text begin Reinstatement requirements after disciplinary action. new text end

new text begin Interpreters who have
been temporarily suspended or permanently removed from the registry may request and
provide justification for reinstatement. Interpreters who have had limitations or conditions
imposed on their practice of interpreting while retaining registry status may request and
provide justification for reduction or removal of the limitations or conditions. The
requirements of this chapter for registry renewal and any other conditions imposed by the
commissioner must be met before the interpreter may be reinstated on the registry.
new text end

Sec. 5.

new text begin [146C.05] CONTINUING EDUCATION.
new text end

new text begin Subdivision 1. new text end

new text begin Course approval. new text end

new text begin The advisory council shall approve continuing
education courses and training. A course that has not been approved by the advisory council
may be submitted, but may be disapproved by the commissioner. If the course is disapproved,
it shall not count toward the continuing education requirement. All registry interpreters
must complete three hours of continuing education during each one-year registry period.
Continuing education hours shall be prorated for interpreters who are assigned a registry
cycle of less than one year.
new text end

new text begin Subd. 2. new text end

new text begin Continuing education verification. new text end

new text begin Each spoken language health care
interpreter shall submit with a renewal application a continuing education report on a form
provided by the commissioner that indicates that the interpreter has met the continuing
education requirements of this section. The form shall include the following:
new text end

new text begin (1) the title of the continuing education activity;
new text end

new text begin (2) a brief description of the activity;
new text end

new text begin (3) the sponsor, presenter, or author;
new text end

new text begin (4) the location and attendance dates;
new text end

new text begin (5) the number of continuing education hours; and
new text end

new text begin (6) a signed affirmation that the information on the form is true and correct to the best
of the interpreter's knowledge and belief.
new text end

new text begin Subd. 3. new text end

new text begin Audit. new text end

new text begin The commissioner or advisory council may audit a percentage of the
continuing education reports based on a random selection.
new text end

Sec. 6.

new text begin [146C.06] SPOKEN LANGUAGE HEALTH CARE INTERPRETER
ADVISORY COUNCIL.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin The commissioner shall appoint 14 members to a Spoken
Language Health Care Interpreter Advisory Council consisting of the following members:
new text end

new text begin (1) three members who are interpreters listed on the roster prior to July 1, 2021, or on
the registry after July 1, 2021, and who are Minnesota residents. Of these members, each
must be an interpreter for a different language; at least one must have a national certification
credential; and at least one must have been listed on the roster prior to July 1, 2021, or on
the registry after July 1, 2021, as an interpreter in a language other than the common
languages and must have completed a training program for medical interpreters approved
by the commissioner that is, at a minimum, 40 hours in length;
new text end

new text begin (2) three members who are or who represent limited English proficient (LEP) individuals
who are not associated with any of the organizations, systems, or programs identified in
clauses (3) to (8). Of these members, two must be or represent LEP individuals who are
proficient in a common language and one must be or represent LEP individuals who are
proficient in a language that is not one of the common languages. One of these three members
must also be a current or former medical assistance program recipient;
new text end

new text begin (3) one member representing a health plan company;
new text end

new text begin (4) one member representing a Minnesota health system who is not an interpreter;
new text end

new text begin (5) two members representing interpreter agencies, including one member representing
agencies whose main office is located outside the seven-county metropolitan area and one
member representing agencies whose main office is located within the seven-county
metropolitan area;
new text end

new text begin (6) one member representing an interpreter training program or postsecondary educational
institution program providing interpreter courses or skills assessment;
new text end

new text begin (7) one member who is affiliated with a Minnesota-based or Minnesota chapter of a
national or international organization representing interpreters; and
new text end

new text begin (8) two members who are licensed direct care health providers, one provider practicing
within the seven-county metropolitan area and one provider practicing outside the
seven-county metropolitan area.
new text end

new text begin Subd. 2. new text end

new text begin Organization. new text end

new text begin The advisory council shall be organized and administered under
section 15.059.
new text end

new text begin Subd. 3. new text end

new text begin Duties. new text end

new text begin (a) The advisory council shall:
new text end

new text begin (1) advise the commissioner on the content of the core interpreter examination described
under section 146C.02, subdivision 2, and the requisite percentage of correct answers;
new text end

new text begin (2) advise the commissioner on recommended changes to requirements for core,
proficient, and certified interpreters to reflect changing needs of the Minnesota health care
community and emerging national standards of training, competency, and testing;
new text end

new text begin (3) identify barriers for interpreters of common and uncommon languages in meeting
the registry category requirements and make recommendations to the commissioner on how
to address these barriers;
new text end

new text begin (4) address barriers for interpreters to gain access to the registry, including barriers to
interpreters of uncommon languages and interpreters in rural areas;
new text end

new text begin (5) advise the commissioner on methods for identifying gaps in interpreter services in
rural areas and make recommendations to address interpreter training and funding needs;
new text end

new text begin (6) inform the commissioner on emerging issues in the spoken language health care
interpreter field;
new text end

new text begin (7) advise the commissioner on training, certification, and continuing education programs;
new text end

new text begin (8) provide for distribution of information on training and other resources to help
interpreters meet registry requirements;
new text end

new text begin (9) make recommendations for necessary statutory changes to Minnesota interpreter
law;
new text end

new text begin (10) compare the annual cost of administering the registry and the annual total collection
of registration fees and advise the commissioner, if necessary, to recommend an adjustment
to the registration fees;
new text end

new text begin (11) identify and make recommendations to the commissioner for web distribution of
patient and provider education materials on working with an interpreter and on reporting
prohibited interpreter behavior as identified in section 146C.04, subdivision 1;
new text end

new text begin (12) review and update as necessary the process for determining common languages;
and
new text end

new text begin (13) review investigation summaries of competency violations and make
recommendations to the commissioner on possible disciplinary action.
new text end

new text begin (b) The commissioner shall adhere to the data practices requirements under section 13.41
in communicating to the advisory council regarding any complaint investigation.
new text end

new text begin (c) As the advisory council carries out its duties, the advisory council shall seek input
from health care interpreting stakeholders, from both within and outside the seven-county
metropolitan area, as appropriate and from the health care administration in the Minnesota
Department of Human Services.
new text end

Sec. 7.

new text begin [146C.07] FEES.
new text end

new text begin Subdivision 1. new text end

new text begin Fees. new text end

new text begin (a) The initial and renewal fees for interpreters listed on the registry
shall be $50.
new text end

new text begin (b) The renewal late fee for the registry shall be established by the commissioner, not
to exceed $30.
new text end

new text begin (c) The commissioner shall not charge an applicant a fee to take the examination under
section 146C.02, subdivision 2, for the core interpreter category, unless the applicant fails
the examination on the first try and decides to retake it. The commissioner may charge an
examination fee, not to exceed $75, for each subsequent retaking of the examination
following the initial attempt.
new text end

new text begin Subd. 2. new text end

new text begin Nonrefundable. new text end

new text begin The fees in this section are nonrefundable.
new text end

new text begin Subd. 3. new text end

new text begin Fee proration. new text end

new text begin The commissioner shall not prorate any of the fees required
under this section.
new text end

new text begin Subd. 4. new text end

new text begin Deposit. new text end

new text begin Fees received under this chapter shall be deposited in the state
government special revenue fund.
new text end

Sec. 8.

Minnesota Statutes 2018, section 256B.0625, subdivision 18a, is amended to read:


Subd. 18a.

Access to medical services.

(a) Medical assistance reimbursement for meals
for persons traveling to receive medical care may not exceed $5.50 for breakfast, $6.50 for
lunch, or $8 for dinner.

(b) Medical assistance reimbursement for lodging for persons traveling to receive medical
care may not exceed $50 per day unless prior authorized by the local agency.

(c) Regardless of the number of employees that an enrolled health care provider may
have, medical assistance covers sign and deleted text beginoraldeleted text endnew text begin spokennew text end language new text beginhealth care new text endinterpreter services
when provided by an enrolled health care provider during the course of providing a direct,
person-to-person covered health care service to an enrolled recipient with limited English
proficiency or who has a hearing loss and uses interpreting services. Coverage for deleted text beginface-to-face
oral language
deleted text endnew text begin spoken language health carenew text end interpreter services shall be provided only if the
deleted text begin oral languagedeleted text endnew text begin spoken language health carenew text end interpreter used by the enrolled health care
provider is listed deleted text beginindeleted text endnew text begin onnew text end the deleted text beginregistry ordeleted text end roster established under section 144.058new text begin or the registry
established under section 146C.02. Beginning July 1, 2022, coverage for spoken language
health care interpreter services shall be provided only if the spoken language health care
interpreter used by the enrolled health care provider is listed on the registry established
under section 146C.02
new text end.

Sec. 9. new text beginINITIAL SPOKEN LANGUAGE HEALTH CARE INTERPRETER
ADVISORY COUNCIL MEETING.
new text end

new text begin The commissioner of health shall convene the first meeting of the Spoken Language
Health Care Interpreter Advisory Council by December 1, 2019.
new text end

Sec. 10. new text beginRECOMMENDATIONS FOR THE SPOKEN LANGUAGE HEALTH
CARE INTERPRETER REGISTRY FEES; STRATIFIED MEDICAL ASSISTANCE
REIMBURSEMENT SYSTEM FOR SPOKEN LANGUAGE HEALTH CARE
INTERPRETERS.
new text end

new text begin Subdivision 1. new text end

new text begin Registry fee recommendations. new text end

new text begin The commissioner of health, in
consultation with the Spoken Language Health Care Interpreter Advisory Council, shall
review the fees established under Minnesota Statutes, section 146C.07, and make
recommendations on whether the fees are established at an appropriate level, including
whether specific fees should be established for each category of the registry instead of one
uniform fee. The total fees collected must be sufficient to recover the costs of the spoken
language health care registry. If the commissioner recommends different fees for the
categories, the commissioner shall submit the proposed fees to the chairs and ranking
minority members of the legislative committees with jurisdiction over health and human
services policy and finance by January 15, 2021.
new text end

new text begin Subd. 2. new text end

new text begin Stratified medical assistance reimbursement system. new text end

new text begin (a) The commissioner
of human services, in consultation with the commissioner of health, the Spoken Language
Health Care Interpreter Advisory Council established under Minnesota Statutes, section
146C.11, and representatives from the interpreting stakeholder community at large, shall
study and make recommendations for creating a stratified reimbursement system for the
Minnesota public health care programs for spoken language health care interpreters based
on the spoken language health care interpreters registry established by the commissioner
of health under Minnesota Statutes, chapter 146C. Any proposed reimbursement rates in a
stratified reimbursement system for spoken language health care interpreter services, for
any category, shall not be less than the current medical assistance reimbursement rates for
spoken language health care interpreter services.
new text end

new text begin (b) The commissioner of human services shall submit the proposed reimbursement
system, including the fiscal costs for the proposed system to the chairs and ranking minority
members of the legislative committees with jurisdiction over health and human services
policy and finance by January 15, 2021. The commissioner shall not implement a stratified
medical assistance reimbursement system without enactment of the system by the legislature.
new text end

Sec. 11. new text beginAPPROPRIATIONS.
new text end

new text begin (a) $....... in fiscal year 2020 is appropriated from the state government special revenue
fund to the commissioner of health for the spoken language health care interpreter registry
established under Minnesota Statutes, chapter 146C. Of the appropriation in fiscal year
2020, $....... is for onetime start-up costs for the registry and is available until June 30, 2022.
new text end

new text begin (b) $....... in fiscal year 2020 is appropriated from the state government special revenue
fund to the commissioner of human services to study and submit a proposed stratified
medical assistance reimbursement system for spoken language health care interpreters. This
appropriation is onetime and is available until June 30, 2022.
new text end

new text begin (c) $....... in fiscal year 2020 is appropriated from the state government special revenue
fund to the commissioner of health to provide financial assistance to assist interpreters in
meeting spoken language health care interpreter registry examination requirements under
Minnesota Statutes, section 146C.02. This appropriation is onetime and is available until
June 30, 2022.
new text end

new text begin (d) $....... in fiscal year 2020 is appropriated from the state government special revenue
fund to the commissioner of health to convene a meeting of public and private sector
representatives of the spoken language health care interpreters community to identify ongoing
sources of financial assistance to aid individual interpreters in meeting interpreter training
and examination registry requirements under Minnesota Statutes, section 146C.02. This
appropriation is onetime and is available until June 30, 2022.
new text end

Sec. 12. new text beginREPEALER.
new text end

new text begin Minnesota Statutes 2018, section 144.058, new text end new text begin is repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022.
new text end

APPENDIX

Repealed Minnesota Statutes: S0875-1

144.058 INTERPRETER SERVICES QUALITY INITIATIVE.

(a) The commissioner of health shall establish a voluntary statewide roster, and develop a plan for a registry and certification process for interpreters who provide high quality, spoken language health care interpreter services. The roster, registry, and certification process shall be based on the findings and recommendations set forth by the Interpreter Services Work Group required under Laws 2007, chapter 147, article 12, section 13.

(b) By January 1, 2009, the commissioner shall establish a roster of all available interpreters to address access concerns, particularly in rural areas.

(c) By January 15, 2010, the commissioner shall:

(1) develop a plan for a registry of spoken language health care interpreters, including:

(i) development of standards for registration that set forth educational requirements, training requirements, demonstration of language proficiency and interpreting skills, agreement to abide by a code of ethics, and a criminal background check;

(ii) recommendations for appropriate alternate requirements in languages for which testing and training programs do not exist;

(iii) recommendations for appropriate fees; and

(iv) recommendations for establishing and maintaining the standards for inclusion in the registry; and

(2) develop a plan for implementing a certification process based on national testing and certification processes for spoken language interpreters 12 months after the establishment of a national certification process.

(d) The commissioner shall consult with the Interpreter Stakeholder Group of the Upper Midwest Translators and Interpreters Association for advice on the standards required to plan for the development of a registry and certification process.

(e) The commissioner shall charge an annual fee of $50 to include an interpreter in the roster. Fee revenue shall be deposited in the state government special revenue fund.