OAR 950-050-0160: Health Care Provider Requirements

(1) Beginning July 1, 2022, for onsite interpreting and no later than July 1, 2023, for remote interpreting, health care providers shall work with qualified or certified health care interpreters from the Authority’s health care interpreter central registry when arranging for or providing services to a person with LEP or who prefers to communicate in a language other than English or who communicates in signed language. Exceptions are allowed when the provider: (a) Has documented proficiency in the preferred language of the person with limited English proficiency or communicates in the signed language of choice. Evidence of proficiency shall be made available to the Authority and relevant provider licensing and certification boards upon request. In addition to documenting proficiency, the health care provider shall adopt a language services policy, and abide by language proficiency requirements, consistent with nationally recognized professional standards of care as outlined by organizations such as the American Medical Association, the Joint Commission, the National Committee for Quality Assurance or another equivalent national standard; or (b) Has made a good faith effort to obtain a health care interpreter from the central registry and has found that none are available to provide interpreting. In this circumstance, the health care provider may work with the non-registered interpreter for that visit or episode of care. For each visit or episode of care that a provider works with a non-registered interpreter, the provider shall create and maintain records of the good faith efforts made by the provider to work with an interpreter from the central registry. Evidence of good faith efforts shall be made available to the Authority and relevant provider licensing and certification boards upon request. The Authority may release additional guidance on good faith efforts in the future. At a minimum, providers shall develop and maintain policies, processes, and outcomes describing: (A) The steps the provider takes to work with an interpreter from the central registry for a health care appointment; (B) The efforts the provider makes to reduce reliance on interpreters who are not on the central registry; and (C) How the provider efforts are increasing the number of health care interpreting appointments scheduled with interpreters from the central registry; or (c) Has maintained records that the person with LEP or who is Deaf or Hard of Hearing was offered services of a health care interpreter from the health care interpreter central registry at no cost to the person with LEP or who is Deaf or Hard of Hearing and the person with LEP or who is Deaf or Hard of Hearing has declined and chosen a different interpreter. (2) Beginning July 1, 2022, health care providers shall maintain records of each encounter in which the provider worked with a health care interpreter from the health care interpreter central registry or worked with an interpreter not on the central registry and met one of the exceptions in section (1) of this rule. Records for interpreting services provided on or after September 1, 2022, shall be provided to the Authority upon the Authority’s request. The record shall include: (a) The full name of the health care interpreter. (b) The health care interpreter’s central registry number, if applicable. (c) The language interpreted. (3) Health care providers shall provide personal protective equipment, consistent with established national standards, to health care interpreters providing services on-site at no cost to the interpreter. The health care provider shall not require that the health care interpreter procure the health care interpreter’s own personal protective equipment as a condition of working with the health care provider. (4) Health care providers billing the Medicaid Fee-For-Service program for their services must also comply with Medicaid requirements outlined in OAR Chapter 410, Division 120 when working with a person with limited English proficiency or one who is Deaf or Hard of Hearing.