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New Law: Non English Speakers Have Right to Interpreter at the Doctors’

Millions of Californians with limited English proficiency now have the right to an interpreter from their commercial health and dental plans.  This is  made possible by a  law aimed at breaking down  the language barriers that get in the way of doctors being able to explain to patients about their health. This new California law was implemented on New Years Day and is the first of its kind in the nation. 

After five years of hearings, delays and arguing among insurance companies, regulators and consumer advocates, the new regulation passed and is widely hailed as a milestone in reducing mistakes because of miscommunication. “This is really huge, especially in California where we’re getting more and more diverse,” said Martin Martinez, policy director for the California Pan-Ethnic Health Network. “Even if you speak English well, it’s really hard to understand what your doctor is saying.”

As many as 7 million Californians – about half of them enrolled in health maintenance organizations, or HMOs – lack English fluency and will  benefit from the new language service. Patients rights advocate groups  applaud the new rules but fear non-English speakers won’t be told about the help now available to them.  To let non English speakers know about the regulation, the state is launching a publicity drive in the coming weeks. “This law has been some time coming,” said Anthony Wright, executive director of California Health Access. “Our big concern now is whether people have adequate notice about their rights and can actually use them.” The law, Senate Bill 853, was signed in 2003 but shelved as part of a moratorium imposed by Gov. Arnold Schwarzenegger when he took office. When it was finally looked at again, insurance companies cringed at the new costs it would impose.

Doctors’ orders will now have to be translated, at least orally, into Spanish, Mandarin, Hmong, Russian – any spoken language. The cost of the task – estimated by insurers to be about $25 million – make it the biggest regulation effort ever by the California Department of Managed Health Care, which oversees HMOs.

“Obviously, we know this is a diverse state and people speak many different languages,” said Nicole Kasabian Evans, spokeswoman for the California Association of Health Plans. . Opponents to the Bill argued that with the current economy being what it is, would place an even heavier burden on those facing the increasing costs of health insurance coverage. Would increasing the cost of plans even more cause some families to opt out of health insurance coverage all together?

California’s law is broad in its requirements. It requires health, dental and specialty insurers to provide subscribers with translators, at least by telephone, while visiting their doctor, pharmacist, ophthalmologist or dentist. More than 40 percent of the state’s 37 million residents speak a language other than English, according to U.S. census estimates. A fifth of the population say they do not speak English “very well.”

The new law could aid immigrants such as Natasha Vakulchik of Rancho Cordova, a pre-kindergarten teacher whose Russian-speaking family depends on her to translate. “My parents use me, my parents-in-law use me. I translate for everybody,” said Vakulchik, 30. “It’s hard. You can’t expect me to know everything. I don’t know medical terms. Even if I know English well, half the time I didn’t even know what they’re talking about,” she said, referring to doctors. “If they’re talking about organs, I wouldn’t even know what they are in Russian. Sometimes, they had to show me using pictures.”

For more information about how this new law affects you or your family, please contact your insurance provider, as each company may choose to utilize translation services in different ways.

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Posted by Michelle Ventress on Jan 5 2009. Filed under Lifestyle. You can follow any responses to this entry through the RSS 2.0. Both comments and pings are currently closed.

2 Comments for “New Law: Non English Speakers Have Right to Interpreter at the Doctors’”

  1. Ryan

    This sounds like something health care providers should have been doing all along to give great service to their clients. I can see where this would be controversial, but c'mon, if so many millions of your clients speak another language, you should provide them service and not wait for legislation to dictate providing excellent care. Sure, it is frustrating at the thought of having to pay more each month (I imagine that health care providers are unlikely to eat this cost – they'll pass it off to us). I wonder if every case has to be translated now or if it is just non-English speakers. It would be silly, for example, if I went to the doctor's office as a fluent English-speaker and had to have my instructions interpreted. Great quote by a local, by the way.

    • The difficult part might be in finding translators for all the foreign languages. Does California have enough foreign language trained translators to provide this service? Also, there might be a dozen or more languages spoken in California. Will each facility have to have translators for all the languages at all times. It could become difficult to manage.

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