Bill Text: CA SB1078 | 2023-2024 | Regular Session | Amended
Bill Title: Language access.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-04-29 - April 29 hearing: Placed on APPR suspense file. [SB1078 Detail]
Download: California-2023-SB1078-Amended.html
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Amended
IN
Senate
April 17, 2024 |
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Amended
IN
Senate
March 19, 2024 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Senate Bill
No. 1078
| Introduced by Senator Min |
February 12, 2024 |
An act to add Division 115 (commencing with Section 135000) to the Health and Safety Code, relating to language access , and making an appropriation therefor. access.
LEGISLATIVE COUNSEL'S DIGEST
SB 1078, as amended, Min.
Language access.
Existing law, the Dymally-Alatorre Bilingual Services Act, requires every state agency directly involved in the furnishing of information or the rendering of services to the public where contact is made with a substantial number of non-English-speaking people to employ a sufficient number of qualified bilingual persons in public contact positions to ensure provision of information and services to the public in the language of the non-English-speaking person, except as specified.
This bill would establish the Office of Language Access, within the California Health and Human Services Agency, to ensure individuals with limited English proficiency have meaningful access to government programs and services. This bill would require the Office of Language Access to, among other things, lead the development, monitoring, and periodic updating of every
Language Access Plan within the agency and coordinate with language access coordinators throughout the agency to implement each Language Access Plan. The bill would require the Office of Language Access to maintain an internet website containing specified information. The bill would require the Office of Language Access, on or before November 1 of each year, commencing November 1, 2026, and every other year thereafter, to submit a report to the Legislature and the relevant policy committees that contains specific information, including challenges encountered while implementing Language Access Plans, lessons learned, best practices, and metrics regarding individuals with limited English proficiency who use agency services.
This bill would require the California Health and Human
Services Agency to develop a Language Access Plan Guidance Document to support its various departments and offices in the development of their Language Access Plans. The bill would require each department and office within the agency to develop a Language Access Plan, as specified. The bill would require the agency to develop a correction for a department or office that fails to implement and achieve the goals set forth in its Language Access Plan. This bill would also require the agency to make those corrective action plans publicly available on its internet website and submit annual compliance reports to the Office of Language Access regarding the progress made with Language Access Plans and corrective action plans.
The bill would require, commencing January 1, 2025, the agency to commence the Language Access Advisory Workgroup, to meet at least quarterly,
on a prescribed schedule, with specified membership. This bill would require the workgroup to share the progress of the various Language Access Plans, address relevant issues, and obtain community input.
The bill would authorize the agency to utilize funds from the Health Care Services Plan Fines and Penalties Fund to implement those provisions. By expanding the purposes for which continuously appropriated funds may be used, this bill would make an appropriation.
Digest Key
Vote:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
The Legislature finds and declares that this act aligns with Executive Order No. N-16-22, which committed to strengthening equity and language access, and the California Health and HumanSEC. 2.
Division 115 (commencing with Section 135000) is added to the Health and Safety Code, to read:DIVISION 115. Language Access
PART 1. Office of Language Access
135000.
There is hereby established within the California Health and Human Services Agency the Office of Language Access to provide critical oversight, accountability, and coordination across various state departments and agencies to ensure individuals with limited English proficiency have meaningful access to government programs and services.135001.
The Office of Language Access shall do all of the following:(a) Lead the development, monitoring, and periodic updating of Language Access Plans within the California Health and Human Services Agency, which shall include all of the following:
(1) A Language Access Plan for each department and office within the California Health and Human Services Agency as required by Section 135010.
(2) The California Health and Human Services Agency’s Language Access Plan Guidance Document as required by Section 135010.
(b) Coordinate with and supervise the language access
coordinators from the various departments and offices within the California Health and Human Services Agency to implement each departments’ and offices’ Language Access Plan.
(c) Increase the provision of language assistance services, including translation and interpreter services through various options, which may include, but are not limited to, hiring bilingual staff and contracting with community-based organizations and third-party vendors.
(d) Ensure each Language Access Plan, as required pursuant to Part 2 (commencing with Section 135010), includes all of the following:
(1) Methods to identify individuals with limited English proficiency who require language assistance, including both of the
following:
(A) A demographic assessment of the department’s service population.
(B) An effective system of recording and utilizing spoken, sign, or written language preferences.
(2) Language assistance measures and information about the ways that language assistance will be provided, including all of the following:
(A) The types of services available, including both of the following:
(i) How a department or office will provide free sign language interpretation and oral interpretation services in a language, upon request, for all public contacts, including sign translation of vital documents
pursuant to the California Health and Human Services Agency’s Language Access Plan Guidance.
(ii) How the department or office will use the safe harbor provisions described in pages 41455 and 41463-64 in Volume 67 of the Federal Register to determine the languages that a vital document shall be translated into.
(B) How staff can obtain those services.
(C) How to respond to an individual with limited English proficiency, including via telephone, written communications, and inperson contacts.
(D) Ensuring the competency of interpreters and translation services.
(3) (A) Training for staff to ensure they know about limited English proficiency policies and procedures.
(B) Ensuring staff who have contact with the public are trained to work effectively with inperson, video, and telephone interpreters.
(4) Notice for individuals with limited English proficiency containing the services that are available for an individual with limited English proficiency or, to the extent that a service area exists, who reside in its service area and are eligible for services.
(5) A mechanism to do both of the following:
(A) Monitor the implementation of the plan.
(B) (i) Update the plan every two years, which shall include determinations of both of the following:
(II)Whether changes are required to services for the limited English proficiency public and employees.
(ii) When reviewing a plan for updates, the Office of Language Access may also consider all of the following:
(I) Changed demographics.
(II) An analysis of internal and external data.
(III) Responses to new and unexpected language needs.
(IV) Complaints received and how they were resolved.
(V) Assessment and measures of client satisfaction.
(VI) Capacity building efforts regarding funding,
staffing, and training.
(e) Collect data from the various departments and offices within the California Health and Human Services Agency to create the report required in Section 135003. This includes, but is not limited to, all of the information described in subdivision (b) of Section 135003.
(f) Ensure a document is translated if an individual with limited English proficiency submits a written request to the California Health and Human Services Agency, or any of its departments or offices, that a document be translated into the individual’s preferred language.
(g) Investigate the number of language access complaints received by each department and office within the California Health and Human Services
Agency, as well as by other relevant agencies that may receive a language access complaint. complaint regarding the California Health and Human Services Agency or a department or office within the California Health and Human Services Agency.
135002.
The Office of Language Access shall maintain a language access internet website that contains all of the following:(a) A publicly available list of translated California Health and Human Services Agency materials and forms.
(b) A directory of qualified interpreters, translators, and other similar resources. resources within the California Health and Human Services Agency.
(c) Every current California Health
and Human Services Agency Language Access Plan, every update to those plans, and all corrective action plans.
(d) Notices, instructions, and information for the public regarding both of the following:
(1) An individual’s language access rights.
(2) How to submit a complaint if a department or office within the California Health and Human Services Agency has failed to provide language services, which may include, but is not limited to, filing a complaint with any of the following:
(A) A managed care plan.
(B) A health care provider.
(C) The California Health and Human Services Agency.
(D) The State Department of Health Care Services.
(E) The Department of Managed Health Care.
(F) The Department of Insurance.
(G) The Civil Rights Department.
(H) The United States Department of Health and Human Services’ Office for Civil Rights.
135003.
(a)(b) The report shall provide information by fiscal year and, at a minimum, contain all of the following:
(1) Challenges encountered while implementing the
various Language Access Plans.
(2) The Office of Language Access’s Access’ efforts to address the problems it encountered, if any.
(3) Lessons learned and best practices.
(4) The number and percentage of individuals with limited English proficiency who use each department’s or office’s services, listed by language other than English, in comparison to the estimated population with limited English proficiency who are eligible for the department’s or
office’s services, including a description of the methodology or data collection system used to make this determination.
(5) A roster The number of multilingual employees in public contact positions that includes all of the following for each individual:
(A) Job title.
(B) Qualifications for bilingual or multilingual capacity.
(C) Office location.
(D) The language or languages they speak in addition to English.
(6) The name and contact information for each language access coordinator.
(7) A list of ongoing employee development and training strategies to maintain well-trained multilingual employees and general staff, including a description of both of the following:
(A) Quality control protocols for multilingual employees.
(B) Language service protocols for individuals with limited English proficiency who are in crisis situations.
(8) A list of goals for the upcoming year and, except for the first year of the report, an assessment of each department’s and office’s success at meeting the prior year’s goals.
(9) The number of translation requests received and provided, the languages used to translate materials, and which materials were translated and completed during the prior fiscal year.
(10) The number of interpretation requests received and the number of interpretation services provided, by language, including services provided in person, by video, and telephone, for services provided by department and office staff, as well as by contracted vendors.
(11) The number of language access complaints received by each department or office within the California Health and Human Services Agency, or other relevant agency that may receive a language access complaint, including, but not limited to, the Civil Rights Department and
the United States Department of Health and Human Services’ Office for Civil Rights. This data shall
include all of the following:
(A) The total number of complaints received.
(B) The number of complaints investigated.
(C) The number of complaints resolved.
(D) Copies Summaries of the investigation results and resolution agreements.
(12) The number of staff, total dollar amount, and breakdown of annual expenditures, including services provided by vendors, that each department and office spent on language access
services.
(c) The report shall be submitted in accordance with Section 9795 of the Government Code.
The California Health and Human Services Agency may utilize funds from the Health Care Services Plan Fines and Penalties Fund to implement this part.
PART 2. CALIFORNIA HEALTH AND HUMAN SERVICES AGENCY LANGUAGE ACCESS
135010.
(a) Each department and office within the California Health and Human Services Agency shall do both of the following:(1) Develop a Language Access Plan as described in subdivision (d) of Section 135001.
(2) Delegate a coordinator to work with the Office of Language Access to achieve the purposes of this division.
(b) The California Health and Human Services Agency shall develop a Language Access Plan Guidance Document to support its various departments and offices in their development of a Language Access Plan pursuant to subdivision
(a).
135011.
The California Health and Human Services Agency shall do all of the following:(a) Develop a corrective action plan for a department or office that fails to implement and achieve the goals set forth in its Language Access Plan. These corrective action plans shall include both of the following:
(1) A plan to address any deficiencies.
(2) Resolutions to improve language access.
(b) Make these corrective action plans publicly available on its internet website.
(c) Submit annual compliance reports to the Office of Language Access regarding the progress its departments and offices have made with their Language Access Plans and any corrective action plans.
135012.
(a) (1) Commencing January 1, 2025, the California Health and Human Services Agency shall commence the Language Access Advisory Workgroup.(2) The workgroup shall meet at least quarterly until January 1, 2027, annually until January 1, 2035, and as needed thereafter to share the progress of the various Language Access Plans, address relevant issues, and obtain community input.
(b) The workgroup shall be comprised of a minimum of five, but no more than ten, individuals who have limited English proficiency
or who have direct experience working with individuals who have limited English proficiency.
(c) The California Health and Human Services Agency shall make a good faith effort to ensure the workgroup is diverse in the following ways:
(1) Workgroup members represent diverse language groups that are not represented in the five threshold languages.
(2) Workgroup members have diverse geographic representation.
The California Health and Human Services Agency may utilize funds from the Health Care Services Plan Fines and Penalties Fund to implement this part.
