SECTION 1. Section 23-17-54 of the General Laws in Chapter 23-17 entitled "Licensing of Healthcare Facilities" is hereby amended to read as follows: 23-17-54. Provisions of interpreter services.
(a) Every hospital and freestanding emergency-care facility shall, as a condition of initial or continued licensure, provide a qualified certified interpreter, if an appropriate bilingual clinician is not available to translate, in connection with all services provided to every non-English speaker who is a patient or seeks appropriate care and treatment and is not accompanied or represented by an appropriate, qualified interpreter or a qualified sign-language interpreter who has attained at least sixteen (16) years of age.
(1) In instances where a national or state certification for a specific language does not exist, the facility shall provide a qualified interpreter who has demonstrated proficiency in English and the target language, and is familiar with biomedical terminology and ethical principles of interpretation.
(2) A patient may decline the services of a certified or qualified interpreter in favor of a family member or friend; provided, however, the facility shall document such a request in the medical record. The facility reserves the right to provide a certified or qualified interpreter to observe the encounter to ensure clinical accuracy and safety, at no cost to the patient.
(b) Each hospital and freestanding emergency-care facility shall post a multi-lingual notice in conspicuous places and on its public website, setting forth the requirement in subsection (a) in English and the, at minimum, three (3) most-common foreign languages used by the hospital or freestanding emergency-care facility as determined by the hospital or freestanding emergency-care facility. The determination of languages for the translation of vital documents and notices shall be governed by the Safe Harbor standards established under Section 1557 of the Patient Protection and Affordable Care Act (45 CFR Part 92), specifically:
(1) The facility shall provide written translations of vital documents for each limited English proficient (LEP) language group that constitutes five percent (5%) of the population of persons eligible to be served or likely to be affected or encountered, or one thousand (1,000) persons, whichever is less.
(2) If there are fewer than fifty (50) persons in a language group that reaches the five percent (5%) threshold, the facility is not required to translate vital written materials but shall provide written notice in the group’s primary language of the right to receive competent oral interpretation of those written materials, free of cost.
(3) These determinations shall be updated following the community needs assessment conducted by the facility every three (3) years, utilizing the most recent U.S. Census Bureau data and the Rhode Island division of statewide planning’s limited English proficiency plan metrics.
(c) The receipt by a non-English speaker of interpreter services shall not be deemed the receipt of a benefit under any provisions of law restricting benefits or assistance on the basis of immigrant status.
(d) Every hospital and freestanding emergency-care facility shall, as a condition of initial or continued licensure, provide mandated training to providers on how to access and utilize certified and qualified interpretation services. (d)(e) Nothing in this section shall be construed to affect or limit any rights, remedies, or obligations under chapter 24 of title 11 or under chapters 87 or 112 of title 42.
SECTION 2. This act shall take effect upon passage.