2018 -- H 7368

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LC004005

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2018

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A N   A C T

RELATING TO INSURANCE -- COMMUNICATION ACCESS SERVICES

     

     Introduced By: Representatives Handy, Vella-Wilkinson, Nardolillo, Ajello, and
Almeida

     Date Introduced: January 31, 2018

     Referred To: House Health, Education & Welfare

     It is enacted by the General Assembly as follows:

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     SECTION 1. Chapter 27-18 of the General Laws entitled "Accident and Sickness

2

Insurance Policies" is hereby amended by adding thereto the following section:

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     27-18-84. Communication access services.

4

     (a) Every individual or group health insurance contract, or every individual or group

5

hospital or medical expense insurance policy, plan, or group policy delivered, issued for delivery,

6

or renewed in this state on or after January 1, 2019, shall provide coverage for effective

7

communication access services for the deaf and hard-of-hearing insured patients or identified

8

clients.

9

     (b) For the purposes of this section:

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     (1) "Communication access services" means any effective communication access

11

services recognized by either the Rehabilitation Act of 1973 or the Americans with Disabilities

12

Act to guarantee full communication access between the patients or identified clients who are

13

deaf and hard of hearing and doctors or other health care professionals to ensure that each party is

14

understood regarding their health needs and treatments. Effective communication access services

15

shall include, but are not limited to:

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     (i) Interpreters for the deaf;

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     (ii) Communication access real-time translation (CART) service;

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     (iii) Remote video interpreting service for the deaf; and

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     (iv) Remote CART service.

 

1

     (c) This section shall not apply to equipment purchased as part of communication access

2

accommodations, to include, but not limited to:

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     (1) TTYs, videophones, assistive listening devices.

4

     SECTION 2. Chapter 27-19 of the General Laws entitled "Nonprofit Hospital Service

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Corporations" is hereby amended by adding thereto the following section:

6

     27-19-76. Communication access services.

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     (a) Every individual or group health insurance contract, or every individual or group

8

hospital or medical expense insurance policy, plan, or group policy delivered, issued for delivery,

9

or renewed in this state on or after January 1, 2019, shall provide coverage for effective

10

communication access services for the deaf and hard-of-hearing insured patients or identified

11

clients.

12

     (b) For the purposes of this section:

13

     (1) "Communication access services" means any effective communication access

14

services recognized by either the Rehabilitation Act of 1973 or the Americans with Disabilities

15

Act to guarantee full communication access between the patients or identified clients who are

16

deaf and hard of hearing and doctors or other health care professionals to ensure that each party is

17

understood regarding their health needs and treatments. Effective communication access services

18

shall include, but are not limited to:

19

     (i) Interpreters for the deaf;

20

     (ii) Communication access real-time translation (CART) service;

21

     (iii) Remote video interpreting service for the deaf; and

22

     (iv) Remote CART service.

23

     (c) This section shall not apply to equipment purchased as part of communication access

24

accommodations, to include, but not limited to:

25

     (1) TTYs, videophones, assistive listening devices.

26

     SECTION 3. Chapter 27-20 of the General Laws entitled "Nonprofit Medical Service

27

Corporations" is hereby amended by adding thereto the following section:

28

     27-20-72. Communication access services.

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     (a) Every individual or group health insurance contract, or every individual or group

30

hospital or medical expense insurance policy, plan, or group policy delivered, issued for delivery,

31

or renewed in this state on or after January 1, 2019, shall provide coverage for effective

32

communication access services for the deaf and hard-of-hearing insured patients or identified

33

clients.

34

     (b) For the purposes of this section:

 

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     (1) "Communication access services" means any effective communication access

2

services recognized by either the Rehabilitation Act of 1973 or the Americans with Disabilities

3

Act to guarantee full communication access between the patients or identified clients who are

4

deaf and hard of hearing and doctors or other health care professionals to ensure that each party is

5

understood regarding their health needs and treatments. Effective communication access services

6

shall include, but are not limited to:

7

     (i) Interpreters for the deaf;

8

     (ii) Communication access real-time translation (CART) service;

9

     (iii) Remote video interpreting service for the deaf; and

10

     (iv) Remote CART service.

11

     (c) This section shall not apply to equipment purchased as part of communication access

12

accommodations, to include, but not limited to:

13

     (1) TTYs, videophones, assistive listening devices.

14

     SECTION 4. Chapter 27-38.2 of the General Laws entitled "Insurance Coverage for

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Mental Illness and Substance Abuse" is hereby amended by adding thereto the following section:

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     27-38.2-6. Communication access services.

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     (a) Every individual or group health insurance contract, or every individual or group

18

hospital or medical expense insurance policy, plan, or group policy delivered, issued for delivery,

19

or renewed in this state on or after January 1, 2019, shall provide coverage for effective

20

communication access services for the deaf and hard-of-hearing insured patients or identified

21

clients.

22

     (b) For the purposes of this section:

23

     (1) "Communication access services" means any effective communication access

24

services recognized by either the Rehabilitation Act of 1973 or the Americans with Disabilities

25

Act to guarantee full communication access between the patients or identified clients who are

26

deaf and hard of hearing and doctors or other health care professionals to ensure that each party is

27

understood regarding their health needs and treatments. Effective communication access services

28

shall include, but are not limited to:

29

     (i) Interpreters for the deaf;

30

     (ii) Communication access real-time translation (CART) service;

31

     (iii) Remote video interpreting service for the deaf; and

32

     (iv) Remote CART service.

33

     (c) This section shall not apply to equipment purchased as part of communication access

34

accommodations, to include, but not limited to:

 

LC004005 - Page 3 of 5

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     (1) TTYs, videophones, assistive listening devices.

2

     SECTION 5. Chapter 27-41 of the General Laws entitled "Health Maintenance

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Organizations" is hereby amended by adding thereto the following section:

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     27-41-89. Communication access services.

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     (a) Every individual or group health insurance contract, or every individual or group

6

hospital or medical expense insurance policy, plan, or group policy delivered, issued for delivery,

7

or renewed in this state on or after January 1, 2019, shall provide coverage for effective

8

communication access services for the deaf and hard-of-hearing insured patients or identified

9

clients.

10

     (b) For the purposes of this section:

11

     (1) "Communication access services" means any effective communication access

12

services recognized by either the Rehabilitation Act of 1973 or the Americans with Disabilities

13

Act to guarantee full communication access between the patients or identified clients who are

14

deaf and hard of hearing and doctors or other health care professionals to ensure that each party is

15

understood regarding their health needs and treatments. Effective communication access services

16

shall include, but are not limited to:

17

     (i) Interpreters for the deaf;

18

     (ii) Communication access real-time translation (CART) service;

19

     (iii) Remote video interpreting service for the deaf; and

20

     (iv) Remote CART service.

21

     (c) This section shall not apply to equipment purchased as part of communication access

22

accommodations, to include, but not limited to:

23

     (1) TTYs, videophones, assistive listening devices.

24

     SECTION 6. This act shall take effect on January 1, 2019.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO INSURANCE -- COMMUNICATION ACCESS SERVICES

***

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     This act would require health insurance plans to include coverage for effective

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communication access services between patients who are deaf and their health care professionals

3

in order to ensure that their health needs and treatments are clearly communicated and

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understood.

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     This act would take effect on January 1, 2019.

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