2026 -- H 7931 | |
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LC005339 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2026 | |
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A N A C T | |
RELATING TO HEALTH AND SAFETY -- LICENSING OF HEALTHCARE FACILITIES | |
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Introduced By: Representatives Morales, Sanchez, Giraldo, Cruz, Potter, and Tanzi | |
Date Introduced: February 27, 2026 | |
Referred To: House Health & Human Services | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Section 23-17-54 of the General Laws in Chapter 23-17 entitled "Licensing |
2 | of Healthcare Facilities" is hereby amended to read as follows: |
3 | 23-17-54. Provisions of interpreter services. |
4 | (a) Every hospital and freestanding emergency-care facility shall, as a condition of initial |
5 | or continued licensure, provide a qualified certified interpreter, if an appropriate bilingual clinician |
6 | is not available to translate, in connection with all services provided to every non-English speaker |
7 | who is a patient or seeks appropriate care and treatment and is not accompanied or represented by |
8 | an appropriate, qualified interpreter or a qualified sign-language interpreter who has attained at |
9 | least sixteen (16) years of age. |
10 | (1) In instances where a national or state certification for a specific language does not exist, |
11 | the facility shall provide a qualified interpreter who has demonstrated proficiency in English and |
12 | the target language, and is familiar with biomedical terminology and ethical principles of |
13 | interpretation. |
14 | (2) A patient may decline the services of a certified or qualified interpreter in favor of a |
15 | family member or friend; provided, however, the facility shall document such a request in the |
16 | medical record. The facility reserves the right to provide a certified or qualified interpreter to |
17 | observe the encounter to ensure clinical accuracy and safety, at no cost to the patient. |
18 | (b) Each hospital and freestanding emergency-care facility shall post a multi-lingual notice |
19 | in conspicuous places and on its public website, setting forth the requirement in subsection (a) in |
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1 | English and the, at minimum, three (3) most-common foreign languages used by the hospital or |
2 | freestanding emergency-care facility as determined by the hospital or freestanding emergency-care |
3 | facility. The determination of languages for the translation of vital documents and notices shall be |
4 | governed by the Safe Harbor standards established under Section 1557 of the Patient Protection |
5 | and Affordable Care Act (45 CFR Part 92), specifically: |
6 | (1) The facility shall provide written translations of vital documents for each limited |
7 | English proficient (LEP) language group that constitutes five percent (5%) of the population of |
8 | persons eligible to be served or likely to be affected or encountered, or one thousand (1,000) |
9 | persons, whichever is less. |
10 | (2) If there are fewer than fifty (50) persons in a language group that reaches the five |
11 | percent (5%) threshold, the facility is not required to translate vital written materials but shall |
12 | provide written notice in the group’s primary language of the right to receive competent oral |
13 | interpretation of those written materials, free of cost. |
14 | (3) These determinations shall be updated following the community needs assessment |
15 | conducted by the facility every three (3) years, utilizing the most recent U.S. Census Bureau data |
16 | and the Rhode Island division of statewide planning’s limited English proficiency plan metrics. |
17 | (c) The receipt by a non-English speaker of interpreter services shall not be deemed the |
18 | receipt of a benefit under any provisions of law restricting benefits or assistance on the basis of |
19 | immigrant status. |
20 | (d) Every hospital and freestanding emergency-care facility shall, as a condition of initial |
21 | or continued licensure, provide mandated training to providers on how to access and utilize certified |
22 | and qualified interpretation services. |
23 | (d)(e) Nothing in this section shall be construed to affect or limit any rights, remedies, or |
24 | obligations under chapter 24 of title 11 or under chapters 87 or 112 of title 42. |
25 | SECTION 2. This act shall take effect upon passage. |
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LC005339 | |
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EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO HEALTH AND SAFETY -- LICENSING OF HEALTHCARE FACILITIES | |
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1 | This act would amend the current law on interpreter services to mandate that hospital and |
2 | emergency-care facilities provide a certified, rather than qualified, interpreter for every non-English |
3 | speaker, except in instances where a national or state certification for a specific language is |
4 | unavailable so that a qualified interpreter may be used. |
5 | The act would also require that the facility provide written translations of vital documents |
6 | depending on the size of the population of the LEP group. |
7 | The act would further require every facility to train their staff in how to access and utilize |
8 | certified and qualified interpretation services and to conduct a community needs assessment of their |
9 | language interpretation needs every three years. |
10 | This act would take effect upon passage. |
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