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A4331
ASSEMBLY, No. 4331
STATE OF NEW JERSEY
222nd LEGISLATURE
�
INTRODUCED FEBRUARY 19, 2026
Sponsored by:
Assemblywoman� SHANIQUE SPEIGHT
District 29 (Essex and Hudson)
SYNOPSIS
���� Requires health insurers, SHBP, SEHBP, and NJ
FamilyCare coverage for sign language interpreter services for covered
individuals who are deaf or hard of hearing.�
CURRENT VERSION OF TEXT
���� As introduced.
��
An Act
requiring health benefits coverage for
interpreter services for certain individuals and supplementing various parts of
the statutory law.
����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:
���� 1.��� a.� A hospital service
corporation contract that provides hospital and medical expense benefits and is
delivered, issued, executed, or renewed in this State, or approved for issuance
or renewal in this State by the Commissioner of Banking and Insurance, on or
after the effective date of this act, shall provide coverage for expenses
incurred for the services of a qualified sign language interpreter during a
health care encounter.
���� b.� Coverage shall be
provided, upon the request of an individual who is deaf or hard of hearing, as
follows:
���� (1)� the services of a
qualified sign language interpreter; or
���� (2)� video remote interpreter
services in situations in which the in-person services of a qualified sign
language interpreter are not available.
���� c.� Coverage shall not be
provided for the services of a sign language interpreter who is a family member
or friend of the individual who is deaf or hard of hearing, unless the
following conditions have been satisfied:
���� (1)� the family member or
friend is a qualified sign language interpreter; and
���� (2)� the individual who is
deaf or hard of hearing has consented to having the family member or friend
serve as a sign language interpreter during the health care encounter; or
���� (3)� the individual who is
deaf or hard of hearing is a minor child, and the parent or legal guardian of
the minor child is present and agrees to provide sign language interpretation
services for the minor child, as necessary, during the health care encounter.
���� (4)�� In a case of suspected
domestic violence, a health care provider shall not permit a family member to
serve as a sign language interpreter during the health care encounter, and
shall instead provide a qualified sign language interpreter or video remote interpreter
services for an individual who is deaf or hard of hearing.
���� (5)�� In a case in which one
or both parents or a legal guardian is suspected of child abuse or neglect of a
minor child who is deaf or hard of hearing, the health care provider shall not
permit the parent or legal guardian to serve as a sign language interpreter
during the health care encounter, and shall instead provide a qualified sign
language interpreter for the minor child.
���� d.��� As used in this section:
���� �Deaf� means the condition of
having sustained a hearing loss that is so severe that the individual has
difficulty in processing linguistic information through hearing, regardless of
amplification or other assistive technology.
���� �Hard of hearing� means the
condition of having sustained a hearing loss, whether permanent or fluctuating,
which hearing loss may be corrected by amplification or other hearing assistive
technology, but which, regardless of correction, presents challenges in
processing linguistic information through hearing.
���� �Qualified sign language
interpreter� means a sign language interpreter, preferably with expertise in a
medical setting, who is certified by the New Jersey Registry of Interpreters
for the Deaf, or by an accredited certifying organization designated by the
Division of the Deaf and Hard of Hearing in the Department of Human Services.
���� �Video remote interpreting
services� means remote sign language interpretation using real-time, full
motion video and audio over a dedicated high-speed, wide-bandwidth video
connection or a wireless connection that delivers high-quality video images
that do not produce lags, choppy, blurry, or grainy images, or irregular pauses
in communication, and that are large enough to display both the interpreter�s
and the participant�s face, arms, hands, and fingers.� The audio component of
the service should provide a clear, audible transmission of voices.
���� e.���� The benefits required
by this section shall be provided to the same extent as for any other condition
under the contract.
���� f.���� This section shall
apply to those hospital service corporation contracts in which the hospital
service corporation has reserved the right to change the premium.
���� 2.��� a.� A medical service
corporation contract that provides hospital and medical expense benefits and is
delivered, issued, executed, or renewed in this State, or approved for issuance
or renewal in this State by the Commissioner of Banking and Insurance, on or
after the effective date of this act, shall provide coverage for expenses
incurred for the services of a qualified sign language interpreter during a
health care encounter.
���� b.��� Coverage shall be
provided, upon the request of an individual who is deaf or hard of hearing, as
follows:
���� (1)� the services of a
qualified sign language interpreter; or
���� (2)� video remote interpreter
services in situations in which the in-person services of a qualified sign
language interpreter are not available.
���� c.���� Coverage shall not be
provided for the services of a sign language interpreter who is a family member
or friend of the individual who is deaf or hard of hearing, unless the
following conditions have been satisfied:
���� (1)� the family member or
friend is a qualified sign language interpreter; and
���� (2)� the individual who is
deaf or hard of hearing has consented to having the family member or friend
serve as a sign language interpreter during the health care encounter; or
���� (3)� the individual who is
deaf or hard of hearing is a minor child, and the parent or legal guardian of
the minor child is present and agrees to provide sign language interpretation
services for the minor child, as necessary, during the health care encounter.
���� (4)�� In a case of suspected
domestic violence, a health care provider shall not permit a family member to
serve as a sign language interpreter during the health care encounter, and
shall instead provide a qualified sign language interpreter or video remote interpreter
services for an individual who is deaf or hard of hearing.
���� (5)�� In a case in which one
or both parents or a legal guardian is suspected of child abuse or neglect of a
minor child who is deaf or hard of hearing, the health care provider shall not
permit the parent or legal guardian to serve as a sign language interpreter
during the health care encounter, and shall instead provide a qualified sign
language interpreter for the minor child.
���� d.��� As used in this section:
���� �Deaf� means the condition of
having sustained a hearing loss that is so severe that the individual has
difficulty in processing linguistic information through hearing, regardless of
amplification or other assistive technology.
���� �Hard of hearing� means the
condition of having sustained a hearing loss, whether permanent or fluctuating,
which hearing loss may be corrected by amplification or other hearing assistive
technology, but which, regardless of correction, presents challenges in
processing linguistic information through hearing.
���� �Qualified sign language
interpreter� means a sign language interpreter, preferably with expertise in a
medical setting, who is certified by the New Jersey Registry of Interpreters
for the Deaf, or by an accredited certifying organization designated by the
Division of the Deaf and Hard of Hearing in the Department of Human Services.
���� �Video remote interpreting
services� means remote sign language interpretation using real-time, full
motion video and audio over a dedicated high-speed, wide-bandwidth video
connection or a wireless connection that delivers high-quality video images
that do not produce lags, choppy, blurry, or grainy images, or irregular pauses
in communication, and that are large enough to display both the interpreter�s
and the participant�s face, arms, hands, and fingers.� The audio component of
the service should provide a clear, audible transmission of voices.
���� e.���� The benefits required
by this section shall be provided to the same extent as for any other condition
under the contract.
���� f.���� This section shall
apply to those medical service corporation contracts in which the medical
service corporation has reserved the right to change the premium.
���� 3.��� a.� A health service
corporation contract that provides hospital and medical expense benefits and is
delivered, issued, executed, or renewed in this State, or approved for issuance
or renewal in this State by the Commissioner of Banking and Insurance, on or
after the effective date of this act, shall provide coverage for expenses
incurred for the services of a qualified sign language interpreter during a
health care encounter.
���� b.��� Coverage shall be
provided, upon the request of an individual who is deaf or hard of hearing, as
follows:
���� (1)� the services of a
qualified sign language interpreter; or
���� (2)� video remote interpreter
services in situations in which the in-person services of a qualified sign
language interpreter are not available.
���� c.���� Coverage shall not be
provided for the services of a sign language interpreter who is a family member
or friend of the individual who is deaf or hard of hearing, unless the
following conditions have been satisfied:
���� (1)� the family member or
friend is a qualified sign language interpreter; and
���� (2)� the individual who is
deaf or hard of hearing has consented to having the family member or friend
serve as a sign language interpreter during the health care encounter; or
���� (3)� the individual who is
deaf or hard of hearing is a minor child, and the parent or legal guardian of
the minor child is present and agrees to provide sign language interpretation
services for the minor child, as necessary, during the health care encounter.
���� (4)�� In a case of suspected
domestic violence, a health care provider shall not permit a family member to
serve as a sign language interpreter during the health care encounter, and
shall instead provide a qualified sign language interpreter or video remote interpreter
services for an individual who is deaf or hard of hearing.
���� (5)�� In a case in which one
or both parents or a legal guardian is suspected of child abuse or neglect of a
minor child who is deaf or hard of hearing, the health care provider shall not
permit the parent or legal guardian to serve as a sign language interpreter
during the health care encounter, and shall instead provide a qualified sign
language interpreter for the minor child.
���� d.��� As used in this section:
���� �Deaf� means the condition of
having sustained a hearing loss that is so severe that the individual has
difficulty in processing linguistic information through hearing, regardless of
amplification or other assistive technology.
���� �Hard of hearing� means the
condition of having sustained a hearing loss, whether permanent or fluctuating,
which hearing loss may be corrected by amplification or other hearing assistive
technology, but which, regardless of correction, presents challenges in
processing linguistic information through hearing.
���� �Qualified sign language
interpreter� means a sign language interpreter, preferably with expertise in a
medical setting, who is certified by the New Jersey Registry of Interpreters
for the Deaf, or by an accredited certifying organization designated by the
Division of the Deaf and Hard of Hearing in the Department of Human Services.
���� �Video remote interpreting
services� means remote sign language interpretation using real-time, full
motion video and audio over a dedicated high-speed, wide-bandwidth video
connection or a wireless connection that delivers high-quality video images
that do not produce lags, choppy, blurry, or grainy images, or irregular pauses
in communication, and that are large enough to display both the interpreter�s
and the participant�s face, arms, hands, and fingers.� The audio component of
the service should provide a clear, audible transmission of voices.
���� e.���� The benefits required
by this section shall be provided to the same extent as for any other condition
under the contract.
���� f.���� This section shall
apply to those health service corporation contracts in which the health service
corporation has reserved the right to change the premium.
���� 4.��� a. �An individual health
insurance policy that provides hospital and medical expense benefits and is
delivered, issued, executed, or renewed in this State, or approved for issuance
or renewal in this State by the Commissioner of Banking and Insurance, on or after
the effective date of this act, shall provide coverage for expenses incurred
for the services of a qualified sign language interpreter during a health care
encounter.
���� b.��� Coverage shall be
provided, upon the request of an individual who is deaf or hard of hearing, as
follows:
���� (1)� the services of a
qualified sign language interpreter; or
���� (2)� video remote interpreter
services in situations in which the in-person services of a qualified sign
language interpreter are not available.
���� c.���� Coverage shall not be
provided for the services of a sign language interpreter who is a family member
or friend of the individual who is deaf or hard of hearing, unless the
following conditions have been satisfied:
���� (1)� the family member or
friend is a qualified sign language interpreter; and
���� (2)� the individual who is
deaf or hard of hearing has consented to having the family member or friend
serve as a sign language interpreter during the health care encounter; or
���� (3)� the individual who is
deaf or hard of hearing is a minor child, and the parent or legal guardian of
the minor child is present and agrees to provide sign language interpretation
services for the minor child, as necessary, during the health care encounter.
���� (4)�� In a case of suspected
domestic violence, a health care provider shall not permit a family member to
serve as a sign language interpreter during the health care encounter, and
shall instead provide a qualified sign language interpreter or video remote interpreter
services for an individual who is deaf or hard of hearing.
���� (5)�� In a case in which one
or both parents or a legal guardian is suspected of child abuse or neglect of a
minor child who is deaf or hard of hearing, the health care provider shall not
permit the parent or legal guardian to serve as a sign language interpreter
during the health care encounter, and shall instead provide a qualified sign
language interpreter for the minor child.
���� d.��� As used in this section:
���� �Deaf� means the condition of
having sustained a hearing loss that is so severe that the individual has
difficulty in processing linguistic information through hearing, regardless of
amplification or other assistive technology.
���� �Hard of hearing� means the
condition of having sustained a hearing loss, whether permanent or fluctuating,
which hearing loss may be corrected by amplification or other hearing assistive
technology, but which, regardless of correction, presents challenges in
processing linguistic information through hearing.
���� �Qualified sign language
interpreter� means a sign language interpreter, preferably with expertise in a
medical setting, who is certified by the New Jersey Registry of Interpreters
for the Deaf, or by an accredited certifying organization designated by the
Division of the Deaf and Hard of Hearing in the Department of Human Services.
���� �Video remote interpreting
services� means remote sign language interpretation using real-time, full
motion video and audio over a dedicated high-speed, wide-bandwidth video
connection or a wireless connection that delivers high-quality video images
that do not produce lags, choppy, blurry, or grainy images, or irregular pauses
in communication, and that are large enough to display both the interpreter�s
and the participant�s face, arms, hands, and fingers.� The audio component of
the service should provide a clear, audible transmission of voices.
���� e.���� The benefits required
by this section shall be provided to the same extent as for any other condition
under the policy.
���� f.���� This section shall
apply to those policies in which the insurer has reserved the right to change
the premium.
���� 5.��� a.� A group health
insurance policy that provides hospital and medical expense benefits and is
delivered, issued, executed, or renewed in this State, or approved for issuance
or renewal in this State by the Commissioner of Banking and Insurance, on or after
the effective date of this act, shall provide coverage for expenses incurred
for the services of a qualified sign language interpreter during a health care
encounter.
���� b.��� Coverage shall be
provided, upon the request of an individual who is deaf or hard of hearing, as
follows:
���� (1)� the services of a
qualified sign language interpreter; or
���� (2)� video remote interpreter
services in situations in which the in-person services of a qualified sign
language interpreter are not available.
���� c.���� Coverage shall not be
provided for the services of a sign language interpreter who is a family member
or friend of the individual who is deaf or hard of hearing, unless the
following conditions have been satisfied:
���� (1)� the family member or
friend is a qualified sign language interpreter; and
���� (2)� the individual who is
deaf or hard of hearing has consented to having the family member or friend
serve as a sign language interpreter during the health care encounter; or
���� (3)� the individual who is
deaf or hard of hearing is a minor child, and the parent or legal guardian of
the minor child is present and agrees to provide sign language interpretation
services for the minor child, as necessary, during the health care encounter.
���� (4)�� In a case of suspected
domestic violence, a health care provider shall not permit a family member to
serve as a sign language interpreter during the health care encounter, and
shall instead provide a qualified sign language interpreter or video remote interpreter
services for an individual who is deaf or hard of hearing.
���� (5)�� In a case in which one
or both parents or a legal guardian is suspected of child abuse or neglect of a
minor child who is deaf or hard of hearing, the health care provider shall not
permit the parent or legal guardian to serve as a sign language interpreter
during the health care encounter, and shall instead provide a qualified sign
language interpreter for the minor child.
���� d.��� As used in this section:
���� �Deaf� means the condition of
having sustained a hearing loss that is so severe that the individual has
difficulty in processing linguistic information through hearing, regardless of
amplification or other assistive technology.
���� �Hard of hearing� means the
condition of having sustained a hearing loss, whether permanent or fluctuating,
which hearing loss may be corrected by amplification or other hearing assistive
technology, but which, regardless of correction, presents challenges in
processing linguistic information through hearing.
���� �Qualified sign language
interpreter� means a sign language interpreter, preferably with expertise in a
medical setting, who is certified by the New Jersey Registry of Interpreters
for the Deaf, or by an accredited certifying organization designated by the
Division of the Deaf and Hard of Hearing in the Department of Human Services.
���� �Video remote interpreting
services� means remote sign language interpretation using real-time, full
motion video and audio over a dedicated high-speed, wide-bandwidth video
connection or a wireless connection that delivers high-quality video images
that do not produce lags, choppy, blurry, or grainy images, or irregular pauses
in communication, and that are large enough to display both the interpreter�s
and the participant�s face, arms, hands, and fingers.� The audio component of
the service should provide a clear, audible transmission of voices.
���� e.���� The benefits required
by this section shall be provided to the same extent as for any other condition
under the policy.
���� f.���� This section shall
apply to those policies in which the insurer has reserved the right to change
the premium.
���� 6.��� a.� An individual health
benefits plan that provides hospital and medical expense benefits and is
delivered, issued, executed, or renewed in this State pursuant to P.L.1992,
c.161 (C.17B:27A-2 et seq.), or approved for issuance or renewal in this State
by the Commissioner of Banking and Insurance, on or after the effective date of
this act, shall provide coverage for expenses incurred for the services of a
qualified sign language interpreter during a health care encounter.
���� b.��� Coverage shall be
provided, upon the request of an individual who is deaf or hard of hearing, as
follows:
���� (1)� the services of a
qualified sign language interpreter; or
���� (2)� video remote interpreter
services in situations in which the in-person services of a qualified sign
language interpreter are not available.
���� c.���� Coverage shall not be
provided for the services of a sign language interpreter who is a family member
or friend of the individual who is deaf or hard of hearing, unless the
following conditions have been satisfied:
���� (1)� the family member or
friend is a qualified sign language interpreter; and
���� (2)� the individual who is
deaf or hard of hearing has consented to having the family member or friend
serve as a sign language interpreter during the health care encounter; or
���� (3)� the individual who is
deaf or hard of hearing is a minor child, and the parent or legal guardian of
the minor child is present and agrees to provide sign language interpretation
services for the minor child, as necessary, during the health care encounter.
���� (4)�� In a case of suspected
domestic violence, a health care provider shall not permit a family member to
serve as a sign language interpreter during the health care encounter, and
shall instead provide a qualified sign language interpreter or video remote interpreter
services for an individual who is deaf or hard of hearing.
���� (5)�� In a case in which one
or both parents or a legal guardian is suspected of child abuse or neglect of a
minor child who is deaf or hard of hearing, the health care provider shall not
permit the parent or legal guardian to serve as a sign language interpreter
during the health care encounter, and shall instead provide a qualified sign
language interpreter for the minor child.
���� d.��� As used in this section:
���� �Deaf� means the condition of
having sustained a hearing loss that is so severe that the individual has
difficulty in processing linguistic information through hearing, regardless of
amplification or other assistive technology.
���� �Hard of hearing� means the
condition of having sustained a hearing loss, whether permanent or fluctuating,
which hearing loss may be corrected by amplification or other hearing assistive
technology, but which, regardless of correction, presents challenges in
processing linguistic information through hearing.
���� �Qualified sign language
interpreter� means a sign language interpreter, preferably with expertise in a
medical setting, who is certified by the New Jersey Registry of Interpreters
for the Deaf, or by an accredited certifying organization designated by the
Division of the Deaf and Hard of Hearing in the Department of Human Services.
���� �Video remote interpreting
services� means remote sign language interpretation using real-time, full
motion video and audio over a dedicated high-speed, wide-bandwidth video
connection or a wireless connection that delivers high-quality video images
that do not produce lags, choppy, blurry, or grainy images, or irregular pauses
in communication, and that are large enough to display both the interpreter�s
and the participant�s face, arms, hands, and fingers.� The audio component of
the service should provide a clear, audible transmission of voices.
���� e.���� The benefits required
by this section shall be provided to the same extent as for any other condition
under the plan.
���� f.���� This section shall
apply to those plans in which the carrier has reserved the right to change the
premium.
���� 7.��� a.� A small employer
health benefits plan that provides hospital and medical expense benefits and is
delivered, issued, executed, or renewed in this State pursuant to P.L.1992,
c.162 (C.17B:27A-17 et seq.), or approved for issuance or renewal in this State
by the Commissioner of Banking and Insurance, on or after the effective date of
this act, shall provide coverage for expenses incurred for the services of a
qualified sign language interpreter during a health care encounter.
���� b.��� Coverage shall be
provided, upon the request of an individual who is deaf or hard of hearing, as
follows:
���� (1)� the services of a
qualified sign language interpreter; or
���� (2)� video remote interpreter
services in situations in which the in-person services of a qualified sign
language interpreter are not available.
���� c.���� Coverage shall not be
provided for the services of a sign language interpreter who is a family member
or friend of the individual who is deaf or hard of hearing, unless the
following conditions have been satisfied:
���� (1)� the family member or
friend is a qualified sign language interpreter; and
���� (2)� the individual who is
deaf or hard of hearing has consented to having the family member or friend
serve as a sign language interpreter during the health care encounter; or
���� (3)� the individual who is
deaf or hard of hearing is a minor child, and the parent or legal guardian of
the minor child is present and agrees to provide sign language interpretation
services for the minor child, as necessary, during the health care encounter.
���� (4)�� In a case of suspected
domestic violence, a health care provider shall not permit a family member to
serve as a sign language interpreter during the health care encounter, and
shall instead provide a qualified sign language interpreter or video remote interpreter
services for an individual who is deaf or hard of hearing.
���� (5)�� In a case in which one
or both parents or a legal guardian is suspected of child abuse or neglect of a
minor child who is deaf or hard of hearing, the health care provider shall not
permit the parent or legal guardian to serve as a sign language interpreter
during the health care encounter, and shall instead provide a qualified sign
language interpreter for the minor child.
���� d.��� As used in this section:
���� �Deaf� means the condition of
having sustained a hearing loss that is so severe that the individual has
difficulty in processing linguistic information through hearing, regardless of
amplification or other assistive technology.
���� �Hard of hearing� means the
condition of having sustained a hearing loss, whether permanent or fluctuating,
which hearing loss may be corrected by amplification or other hearing assistive
technology, but which, regardless of correction, presents challenges in
processing linguistic information through hearing.
���� �Qualified sign language
interpreter� means a sign language interpreter, preferably with expertise in a
medical setting, who is certified by the New Jersey Registry of Interpreters
for the Deaf, or by an accredited certifying organization designated by the
Division of the Deaf and Hard of Hearing in the Department of Human Services.
���� �Video remote interpreting
services� means remote sign language interpretation using real-time, full
motion video and audio over a dedicated high-speed, wide-bandwidth video
connection or a wireless connection that delivers high-quality video images
that do not produce lags, choppy, blurry, or grainy images, or irregular pauses
in communication, and that are large enough to display both the interpreter�s
and the participant�s face, arms, hands, and fingers.� The audio component of
the service should provide a clear, audible transmission of voices.
���� e.���� The benefits required
by this section shall be provided to the same extent as for any other condition
under the plan.
���� f.���� This section shall
apply to those plans in which the carrier has reserved the right to change the
premium.
���� 8.��� a.� A health maintenance
organization contract that provides hospital and medical expense benefits and
is delivered, issued, executed, or renewed in this State, or approved for
issuance or renewal in this State by the Commissioner of Banking and Insurance,
on or after the effective date of this act, shall provide coverage for expenses
incurred for the services of a qualified sign language interpreter during a
health care encounter.
���� b.��� Coverage shall be
provided, upon the request of an individual who is deaf or hard of hearing, as
follows:
���� (1)� the services of a
qualified sign language interpreter; or
���� (2)� video remote interpreter
services in situations in which the in-person services of a qualified sign
language interpreter are not available.
���� c.���� Coverage shall not be
provided for the services of a sign language interpreter who is a family member
or friend of the individual who is deaf or hard of hearing, unless the
following conditions have been satisfied:
���� (1)� the family member or
friend is a qualified sign language interpreter; and
���� (2)� the individual who is
deaf or hard of hearing has consented to having the family member or friend
serve as a sign language interpreter during the health care encounter; or
���� (3)� the individual who is
deaf or hard of hearing is a minor child, and the parent or legal guardian of
the minor child is present and agrees to provide sign language interpretation
services for the minor child, as necessary, during the health care encounter.
���� (4)�� In a case of suspected
domestic violence, a health care provider shall not permit a family member to
serve as a sign language interpreter during the health care encounter, and
shall instead provide a qualified sign language interpreter or video remote interpreter
services for an individual who is deaf or hard of hearing.
���� (5)�� In a case in which one
or both parents or a legal guardian is suspected of child abuse or neglect of a
minor child who is deaf or hard of hearing, the health care provider shall not
permit the parent or legal guardian to serve as a sign language interpreter
during the health care encounter, and shall instead provide a qualified sign
language interpreter for the minor child.
���� d.��� As used in this section:
���� �Deaf� means the condition of
having sustained a hearing loss that is so severe that the individual has
difficulty in processing linguistic information through hearing, regardless of
amplification or other assistive technology.
���� �Hard of hearing� means the
condition of having sustained a hearing loss, whether permanent or fluctuating,
which hearing loss may be corrected by amplification or other hearing assistive
technology, but which, regardless of correction, presents challenges in
processing linguistic information through hearing.
���� �Qualified sign language
interpreter� means a sign language interpreter, preferably with expertise in a
medical setting, who is certified by the New Jersey Registry of Interpreters
for the Deaf, or by an accredited certifying organization designated by the
Division of the Deaf and Hard of Hearing in the Department of Human Services.
���� �Video remote interpreting
services� means remote sign language interpretation using real-time, full
motion video and audio over a dedicated high-speed, wide-bandwidth video
connection or a wireless connection that delivers high-quality video images
that do not produce lags, choppy, blurry, or grainy images, or irregular pauses
in communication, and that are large enough to display both the interpreter�s
and the participant�s face, arms, hands, and fingers.� The audio component of
the service should provide a clear, audible transmission of voices.
���� e.���� The benefits required
by this section shall be provided to the same extent as for any other condition
under the contract.
���� f.���� This section shall
apply to those contracts for health care services in which the health
maintenance organization has reserved the right to change the schedule of
charges for enrollee coverage.
���� 9.��� a.� The State Health
Benefits Commission shall ensure that every contract purchased on or after the
effective date of this act, shall provide coverage for expenses incurred for
the services of a qualified sign language interpreter during a health care encounter,
at a reimbursement rate of no less than $42.53 per hour.
���� b.��� Coverage shall be
provided, upon the request of an individual who is deaf or hard of hearing, as
follows:
���� (1)� the services of a
qualified sign language interpreter; or
���� (2)� video remote interpreter
services in situations in which the in-person services of a qualified sign
language interpreter are not available.
���� c.���� Coverage shall not be
provided for the services of a sign language interpreter who is a family member
or friend of the individual who is deaf or hard of hearing, unless the
following conditions have been satisfied:
���� (1)� the family member or
friend is a qualified sign language interpreter; and
���� (2)� the individual who is
deaf or hard of hearing has consented to having the family member or friend
serve as a sign language interpreter during the health care encounter; or
���� (3)� the individual who is
deaf or hard of hearing is a minor child, and the parent or legal guardian of
the minor child is present and agrees to provide sign language interpretation
services for the minor child, as necessary, during the health care encounter.
���� (4)�� In a case of suspected
domestic violence, a health care provider shall not permit a family member to
serve as a sign language interpreter during the health care encounter, and
shall instead provide a qualified sign language interpreter or video remote interpreter
services for an individual who is deaf or hard of hearing.
���� (5)�� In a case in which one
or both parents or a legal guardian is suspected of child abuse or neglect of a
minor child who is deaf or hard of hearing, the health care provider shall not
permit the parent or legal guardian to serve as a sign language interpreter
during the health care encounter, and shall instead provide a qualified sign
language interpreter for the minor child.
���� d.��� As used in this section:
���� �Deaf� means the condition of
having sustained a hearing loss that is so severe that the individual has
difficulty in processing linguistic information through hearing, regardless of
amplification or other assistive technology.
���� �Hard of hearing� means the
condition of having sustained a hearing loss, whether permanent or fluctuating,
which hearing loss may be corrected by amplification or other hearing assistive
technology, but which, regardless of correction, presents challenges in
processing linguistic information through hearing.
���� �Qualified sign language
interpreter� means a sign language interpreter, preferably with expertise in a
medical setting, who is certified by the New Jersey Registry of Interpreters
for the Deaf, or by an accredited certifying organization designated by the
Division of the Deaf and Hard of Hearing in the Department of Human Services.
���� �Video remote interpreting
services� means remote sign language interpretation using real-time, full
motion video and audio over a dedicated high-speed, wide-bandwidth video
connection or a wireless connection that delivers high-quality video images
that do not produce lags, choppy, blurry, or grainy images, or irregular pauses
in communication, and that are large enough to display both the interpreter�s
and the participant�s face, arms, hands, and fingers.� The audio component of
the service should provide a clear, audible transmission of voices.
���� e.���� The benefits required
by this section shall be provided to the same extent as for any other condition
under the contract.
���� 10.� a.� The School Employees�
Health Benefits Commission shall ensure that every contract purchased on or
after the effective date of this act, shall provide coverage for expenses
incurred for the services of a qualified sign language interpreter during a health
care encounter, at a reimbursement rate of no less than $42.53 per hour.
���� b.��� Coverage shall be
provided, upon the request of an individual who is deaf or hard of hearing, as
follows:
���� (1)� the services of a
qualified sign language interpreter; or
���� (2)� video remote interpreter
services in situations in which the in-person services of a qualified sign
language interpreter are not available.
���� c.���� Coverage shall not be
provided for the services of a sign language interpreter who is a family member
or friend of the individual who is deaf or hard of hearing, unless the
following conditions have been satisfied:
���� (1)� the family member or
friend is a qualified sign language interpreter; and
���� (2)� the individual who is
deaf or hard of hearing has consented to having the family member or friend
serve as a sign language interpreter during the health care encounter; or
���� (3)� the individual who is
deaf or hard of hearing is a minor child, and the parent or legal guardian of
the minor child is present and agrees to provide sign language interpretation
services for the minor child, as necessary, during the health care encounter.
���� (4)�� In a case of suspected
domestic violence, a health care provider shall not permit a family member to
serve as a sign language interpreter during the health care encounter, and
shall instead provide a qualified sign language interpreter or video remote interpreter
services for an individual who is deaf or hard of hearing.
���� (5)�� In a case in which one
or both parents or a legal guardian is suspected of child abuse or neglect of a
minor child who is deaf or hard of hearing, the health care provider shall not
permit the parent or legal guardian to serve as a sign language interpreter
during the health care encounter, and shall instead provide a qualified sign
language interpreter for the minor child.
���� d.��� As used in this section:
���� �Deaf� means the condition of
having sustained a hearing loss that is so severe that the individual has
difficulty in processing linguistic information through hearing, regardless of
amplification or other assistive technology.
���� �Hard of hearing� means the
condition of having sustained a hearing loss, whether permanent or fluctuating,
which hearing loss may be corrected by amplification or other hearing assistive
technology, but which, regardless of correction, presents challenges in
processing linguistic information through hearing.
���� �Qualified sign language
interpreter� means a sign language interpreter, preferably with expertise in a
medical setting, who is certified by the New Jersey Registry of Interpreters
for the Deaf, or by an accredited certifying organization designated by the
Division of the Deaf and Hard of Hearing in the Department of Human Services.
���� �Video remote interpreting
services� means remote sign language interpretation using real-time, full
motion video and audio over a dedicated high-speed, wide-bandwidth video
connection or a wireless connection that delivers high-quality video images
that do not produce lags, choppy, blurry, or grainy images, or irregular pauses
in communication, and that are large enough to display both the interpreter�s
and the participant�s face, arms, hands, and fingers.� The audio component of
the service should provide a clear, audible transmission of voices.
���� e.���� The benefits required
by this section shall be provided to the same extent as for any other condition
under the contract.�
���� 11.� a.� The NJ FamilyCare
program shall provide coverage for expenses incurred for the services of a
qualified sign language interpreter during a health care encounter, at a
reimbursement rate of no less than $42.40 per hour.
���� b.��� Coverage shall be
provided, upon the request of an enrollee who is deaf or hard of hearing, as
follows:
���� (1)� the services of a
qualified sign language interpreter; or
���� (2)� video remote interpreter
services in situations in which the in-person services of a qualified sign
language interpreter are not available.
���� c.���� Coverage shall not be
provided for the services of a sign language interpreter who is a family member
or friend of the enrollee who is deaf or hard of hearing, unless the following
conditions have been satisfied:
���� (1)� the family member or
friend is a qualified sign language interpreter; and
���� (2)� the enrollee who is deaf
or hard of hearing has consented to having the family member or friend serve as
a sign language interpreter during the health care encounter; or
���� (3)� the enrollee who is deaf
or hard of hearing is a minor child, and the parent or legal guardian of the
minor child is present and agrees to provide sign language interpretation
services for the minor child, as necessary, during the health care encounter.
���� (4)�� In a case of suspected
domestic violence, a health care provider shall not permit a family member to
serve as a sign language interpreter during the health care encounter, and
shall instead provide a qualified sign language interpreter or video remote interpreter
services for an individual who is deaf or hard of hearing.
���� (5)�� In a case in which one
or both parents or a legal guardian is suspected of child abuse or neglect of a
minor child who is deaf or hard of hearing, the health care provider shall not
permit the parent or legal guardian to serve as a sign language interpreter
during the health care encounter, and shall instead provide a qualified sign
language interpreter for the minor child.
���� d.��� The Commissioner of
Human Services shall apply for such federal waivers or state plan amendments as
are necessary to implement the provisions of this section and to continue to
secure federal financial participation for State expenditures under the federal
Medicaid program and the Children�s Health Insurance Program.
���� e.���� Coverage of, and the
reimbursement rate established for, sign language interpreter services under
the NJ FamilyCare program, pursuant to this section, is contingent upon federal
approval of the State�s application for a waiver or a state plan amendment under
Title XIX of the Social Security Act (42 5 U.S.C. s.1315 et seq.).
���� f.���� As used in this
section:
���� �Commissioner� means the
Commissioner of Human Services.
���� �Deaf� means the condition of
having sustained a hearing loss that is so severe that the individual has
difficulty in processing linguistic information through hearing, regardless of
amplification or other assistive technology.
���� �Enrollee� means an individual
who is covered under the Medicaid program or the NJ FamilyCare program.
���� �Hard of hearing� means the
condition of having sustained a hearing loss, whether permanent or fluctuating,
which hearing loss may be corrected by amplification or other hearing assistive
technology, but which, regardless of correction, presents challenges in
processing linguistic information through hearing.
���� �NJ FamilyCare� means the
program established pursuant to P.L.2005, c.156 (C.30:4J-8 et al.), which
includes the State�s Medicaid Program and the Children�s Health Insurance
Program.
���� �Qualified sign language
interpreter� means a sign language interpreter, preferably with expertise in a
medical setting, who is certified by the New Jersey Registry of Interpreters
for the Deaf, or by an accredited certifying organization designated by the
Division of the Deaf and Hard of Hearing in the Department of Human Services.
���� �Video remote interpreting
services� means remote sign language interpretation using real-time, full
motion video and audio over a dedicated high-speed, wide-bandwidth video
connection or a wireless connection that delivers high-quality video images
that do not produce lags, choppy, blurry, or grainy images, or irregular pauses
in communication, and that are large enough to display both the interpreter�s
and the participant�s face, arms, hands, and fingers.� The audio component of
the service should provide a clear, audible transmission of voices.
���� 12.� The State Treasurer and
the Commissioners of Banking and Insurance and Human Services, pursuant to the
�Administrative Procedure Act,� P.L.1968, c.410 (C.52:14B-1 et seq.), shall
adopt such rules and regulations as are necessary to implement the provisions
of this act.
���� 13.� This act shall take
effect on the first day of the fourth month next following the date of
enactment, except that the State Treasurer and the Commissioners of Banking and
Insurance and Human Services may take any anticipatory administrative action in
advance thereof as may be necessary for the implementation of this act.
STATEMENT
���� This bill requires private
health insurance plans, the State Health Benefits Program (SHBP), the School
Employees Health Benefits Program (SEHBP), and the NJ FamilyCare program to
cover the services of a qualified sign language interpreter during a medical
encounter for an individual who is deaf or hard of hearing.� A �qualified sign
language interpreter� is defined as an interpreter, preferably with expertise
in medical interpreting, who is certified by the New Jersey Registry of
Interpreters for the Deaf or by an accredited certifying organization
designated by the Division of the Deaf and Hard of Hearing in the Department of
Human Services.
���� The bill also establishes a
minimum reimbursement rate of $42.40 per hour for sign language interpreter
services provided during a medical encounter for NJ FamilyCare enrollees, and
$42.53 when such services are provided for an individual covered under the SHBP
or the SEHBP.
���� Under the bill, sign language
interpreter services would be provided upon the request of a patient who is
deaf or hard of hearing.� Video remote interpreter services also would be
covered, provided in person interpreter services are not available.
���� The bill stipulates that
interpreter services will not be covered in situations in which such services
are provided by a family member or friend of the requester, unless:
���� 1.��� the family member or
friend is a qualified sign language interpreter; and
���� 2.��� the individual
requesting sign language interpreter services consents to having the family
member or friend interpret during the medical encounter; or
���� 3.� the individual who is deaf
or hard of hearing is a minor, and the child�s parent or legal guardian is
present and agrees to interpret during the medical encounter.
���� In cases of suspected domestic
violence, a health care provider is prohibited from allowing a family member to
serve as a sign language interpreter during a health care encounter for an
individual who is deaf or hard of hearing; rather, the bill requires the health
care provider to provide a qualified sign language interpreter or video remote
interpreter services during the encounter.� In cases of suspected child abuse
or neglect by a parent or legal guardian, the health care provider may not
permit the parent or guardian to serve as a sign language interpreter for a
minor child who is deaf or hard of hearing.� The bill instead requires the
health care provider to provide a qualified sign language interpreter for the
child during the encounter.�
���� NJ FamilyCare coverage of, and
the reimbursement rate for, interpreter services will be contingent upon
federal approval of the State�s application for any requisite Medicaid or CHIP
waivers or state plan amendments.
���� The Americans with
Disabilities Act (ADA), Pub.L.101-336 (42 U.S.C., s. 12101 et seq.) and federal
regulations grant individuals who are deaf or hard of hearing the legal right
to equal access to, and an equal opportunity to participate in and benefit from,
health care. Federal regulations permit the use of sign language interpreters
as one of the acceptable �auxiliary aids and services� that medical providers
are required to furnish to ensure accessible and effective communication with
patients who are deaf or hard of hearing.
���� Federal regulations prohibit
medical providers from billing patients for the provision of sign language
interpretation; rather, medical providers are advised to treat expenditures on
interpreter services as an administrative or an overhead cost of their practice.
���� The ADA provides a limited
exemption for medical providers who demonstrate that furnishing a specific
auxiliary aid or service, as requested by a patient with a disability, would
present an undue burden or cause a fundamental change in the nature of the provider�s
services and goods.� In such instances, however, the ADA stipulates that the
medical provider must furnish an alternative auxiliary aid or service that
would not present an undue burden and would facilitate effective
provider-patient communications.
���� It is the sponsor�s intent to
codify existing federal requirements concerning sign language interpreter
services to ensure that private health insurance plans, the SHBP, the SEHBP,
and the NJ FamilyCare program, cover sign language interpreter services during
medical encounters for enrollees who are deaf or hard of hearing. �