SF 1708

as introduced - 90th Legislature (2017 - 2018) Posted on 03/08/2017 08:19am

A bill for an act
relating to health occupations; establishing a registry system for spoken language
health care interpreters; appropriating money; amending Minnesota Statutes 2016,
section 256B.0625, subdivision 18a; proposing coding for new law as Minnesota
Statutes, chapter 146C; repealing Minnesota Statutes 2016, 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.11.
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.03, subdivision 3.
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 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. 8. new text end

new text begin Registered interpreter. new text end

new text begin "Registered interpreter" means a spoken language
health care interpreter who meets the requirements in section 146C.03, subdivision 2.
new text end

new text begin Subd. 9. 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.03,
subdivision 1, which shall be maintained by the commissioner of health.
new text end

new text begin Subd. 10. 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. 11. 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. 12. 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.03] 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, 2018, 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; and
new text end

new text begin (2) affirm by signature, that may include electronic signature, that the applicant has read
the code of ethics and the interpreting standards of practice identified on the registry Web
site and agrees to abide by them.
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.13. The form must include the applicant's name; Social Security
number; business address and telephone number, or home address and telephone number
if the applicant has a home office; the applicant's employer or the agencies with which the
applicant is affiliated; the employer's or agencies' addresses and telephone numbers; and
the languages for which the applicant is available to interpret. If the applicant is seeking to
be listed on the registry as a registered interpreter or as a certified interpreter, the applicant
must submit with the application evidence of meeting the requirements described in
subdivision 2 or 3.
new text end

new text begin (c) Upon receipt of the application, the commissioner shall determine if the applicant
meets the requirements for the selected category of registered or certified interpreter. 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) If the commissioner denies an application, the applicant may reapply for the same
category or for a different 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.13.
new text end

new text begin (e) 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 (f) The commissioner may request, as deemed necessary, additional information from
an applicant to determine or verify qualifications or collect information to manage the
registry or monitor the field of health care interpreting.
new text end

new text begin Subd. 2. new text end

new text begin Registered interpreter requirements. new text end

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

new text begin (1) pass a written or oral examination in English approved by the commissioner on basic
medical terminology, interpreter ethics and standards of practice at an accuracy level
established by the commissioner; or
new text end

new text begin (2) provide proof of successfully completing 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 Subd. 3. new text end

new text begin Certified interpreter requirements. new text end

new text begin To be listed on the registry as a certified
interpreter by the commissioner, an applicant must have a national certification in health
care interpreting from a certifying organization approved by the commissioner.
new text end

new text begin Subd. 4. new text end

new text begin Registry Web site. new text end

new text begin The commissioner shall maintain the registry on the
Department of Health's Web site. The commissioner shall include on the Web site 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. 5. new text end

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

new text begin Registered spoken language health care
interpreters 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. 6. 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 registered interpreters.
new text end

Sec. 3.

new text begin [146C.05] 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.09; and
new text end

new text begin (3) the required fees under section 146C.13.
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 submitted after the renewal deadline date must
include the late fee specified in section 146C.13. Fees for late renewal shall not be prorated.
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.07] 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 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 The commissioner may initiate an investigation upon receiving
a complaint or other oral or written communication that alleges or implies a violation of
subdivision 1. In the receipt, investigation, and hearing of a complaint that alleges or implies
a violation of subdivision 1, the commissioner shall follow the procedures in section 214.103.
new text end

new text begin Subd. 3. 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 registry; or
new text end

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

new text begin Subd. 4. 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.09] 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.
Contact 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 information:
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 contact hours; and
new text end

new text begin (6) the interpreter's notarized affirmation that the information is true and correct.
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.11] 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 13 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, 2018, or on
the registry after July 1, 2018, 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, 2018, or on
the registry after July 1, 2018, 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 representing limited English proficient (LEP) individuals. Of these
members, two must represent LEP individuals who are proficient in a common language
and one must represent LEP individuals who are proficient in a language that is not one of
the common languages;
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, 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) one member who is a licensed direct care health provider.
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 registered interpreter exam and the
requisite percentage of correct answers;
new text end

new text begin (2) advise the commissioner on recommended changes to requirements for registered
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) 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 (4) 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 (5) inform the commissioner on emerging issues in the spoken language health care
interpreter field;
new text end

new text begin (6) advise the commissioner on training, certification, and continuing education programs;
new text end

new text begin (7) provide for distribution of information on training and other resources to help
interpreters meet registry requirements;
new text end

new text begin (8) make recommendations for necessary statutory changes to Minnesota interpreter
law;
new text end

new text begin (9) 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 (10) identify and make recommendations to the commissioner for Web distribution of
patient and provider education materials on working with an interpreter and on reporting
interpreter behavior as identified in section 146C.07; and
new text end

new text begin (11) review and update as necessary the process for determining common languages.
new text end

new text begin (b) As the advisory council carries out its duties, the council shall seek input from health
care interpreting stakeholders, from both within and outside the seven-county metropolitan
area, as appropriate.
new text end

Sec. 7.

new text begin [146C.13] FEES.
new text end

new text begin Subdivision 1. new text end

new text begin Fees. new text end

new text begin (a) On July 1, 2020, the initial and renewal application fees for
interpreters listed on the registry shall be established by the commissioner not to exceed
$90.
new text end

new text begin (b) On July 1, 2020, 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 for the examinations required under
section 146C.03, subdivision 2 or 3, for the registered or certified interpreter categories.
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 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 2016, 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 begin oral deleted text end new text begin spoken new text end language new text begin health care new text end interpreter 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 begin face-to-face
oral language deleted text end new text begin spoken language health care new text end interpreter services shall be provided only if the
deleted text begin oral language deleted text end new text begin spoken language health care new text end interpreter used by the enrolled health care
provider is listed deleted text begin in deleted text end new text begin on new text end the deleted text begin registry or deleted text end roster established under section 144.058 new text begin or the registry
established under chapter 146C. Beginning July 1, 2019, 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 chapter 146C new text end .

Sec. 9. new text begin INITIAL SPOKEN LANGUAGE HEALTH CARE ADVISORY COUNCIL
MEETING.
new text end

new text begin The commissioner of health shall convene the first meeting of the Spoken Language
Health Care Advisory Council by October 1, 2017.
new text end

Sec. 10. new text begin SPOKEN LANGUAGE HEALTH CARE INTERPRETER REGISTRY
FEES.
new text end

new text begin Notwithstanding Minnesota Statutes, section 146C.13, subdivision 1, paragraph (a), the
initial and renewal fees for interpreters listed on the spoken language health care registry
shall be $50 between the period of July 1, 2018, through June 30, 2019, and shall be $70
between the period of July 1, 2019, through June 30, 2020. Effective July 1, 2020, the fees
shall be according to Minnesota Statutes, section 146C.13.
new text end

Sec. 11. new text begin RECOMMENDATIONS 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.13, 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, 2019.
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, 2018. The commissioner shall not implement a stratified
medical assistance reimbursement system without enactment of the system by the legislature.
new text end

Sec. 12. new text begin APPROPRIATIONS.
new text end

new text begin $....... in fiscal year 2018 and $....... in fiscal year 2019 are appropriated from the state
government special revenue fund to the commissioner of health for the spoken language
health care interpreter registry. Of the appropriation in fiscal year 2018, $....... is for onetime
start-up costs for the registry that is available until June 30, 2020.
new text end

new text begin $....... in fiscal year 2018 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.
new text end

new text begin $....... in fiscal year 2018 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 testing requirements. This appropriation is
onetime and is available until June 30, 2019.
new text end

new text begin $....... in fiscal year 2018 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 testing registry requirements. This appropriation is onetime and is available until June
30, 2019.
new text end

Sec. 13. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2016, section 144.058, new text end new text begin is repealed effective July 1, 2019.
new text end

APPENDIX

Repealed Minnesota Statutes: 17-3785

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.