Bill Text: CA AB318 | 2019-2020 | Regular Session | Introduced

California Assembly Bill 318 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Medi-Cal materials: readability.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Vetoed) 2020-01-21 - Consideration of Governor's veto stricken from file. [AB318 Detail]

Download: California-2019-AB318-Introduced.html

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill

No. 318

Introduced by Assembly Member Chu

January 30, 2019

An act to add Sections 14029.93 and 14029.94 to the Welfare and Institutions Code, relating to Medi-Cal.

LEGISLATIVE COUNSEL'S DIGEST

AB 318, as introduced, Chu. Medi-Cal materials: readability.

Existing law establishes the Medi-Cal program, which is administered by the State Department of Health Care Services and under which qualified low-income individuals receive healthcare services. The Medi-Cal program is, in part, governed and funded by federal Medicaid program provisions.

Existing law requires the department to notify Medi-Cal beneficiaries, prospective beneficiaries, and members of the public of the availability of language assistance services free of charge and in a timely manner, when those services are necessary to provide meaningful access to individuals with limited English proficiency (LEP). Existing law requires the department to require all managed care plans contracting with the department to provide Medi-Cal services to provide language assistance services to LEP Medi-Cal beneficiaries who are mandatorily enrolled in managed care.

This bill would require the department and managed care plans, commencing January 1, 2020, to require field testing of all translated materials released by the department or the managed care plans, respectively, to Medi-Cal beneficiaries, as specified. The bill would define “field testing” as a review of translations for accuracy, cultural appropriateness, and readability.

The bill would also require the department to establish a readability workgroup to identify at least 10 documents released by the department to Medi-Cal beneficiaries and to designate a readability expert to revise those documents, as specified. The bill would require the readability expert and workgroup to provide the department with specific recommendations for revising the selected documents to improve the readability of the documents. The bill would require the department to rerelease the documents with revisions based on those recommendations, and would require the translation and field testing of those documents. The bill would require the implementation of these provisions no later than January 1, 2021.

Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO

The people of the State of California do enact as follows:

SECTION 1.

The Legislature finds and declares all of the following:

(a) Low health literacy and low reading literacy are barriers to meaningful access and equal opportunity to fully participate in one’s healthcare services.

(b) One-third of Medi-Cal beneficiaries speak a language other than English as their primary language. In comparison to their English-speaking counterparts, limited-English-proficient (LEP) individuals are more likely to have low reading literacy or low health literacy, which leads to lower quality healthcare and poorer health outcomes.

(c) Using plain and simple language will increase the readability of materials, improving access for Medi-Cal beneficiaries with varying reading or health literacy levels.

(d) By improving the readability of key Medi-Cal documents and ensuring that translated materials are field tested, the State Department of Health Care Services can empower consumers and help safeguard the healthcare rights of Medi-Cal beneficiaries.

SEC. 2.

Section 14029.93 is added to the Welfare and Institutions Code, to read:

14029.93.

(a) Commencing January 1, 2020, the department and managed care plans contracting with the department shall require field testing of all translated materials released by the department or the managed care plans, respectively, to Medi-Cal beneficiaries as part of the translation process, except as described in subdivision (c).

(b) (1) For purposes of this section, “field testing” means a review of translations for accuracy, cultural appropriateness, and readability.

(2) Field testing shall be conducted by a focus group, or another form of review, involving native speakers of the applicable language or community-based organizations with an understanding of the linguistic needs of the targeted population.

(3) Field testing may be administered internally by the department or the managed care plan, or by a third-party contractor, including, but not limited to, an entity already contracted for translation.

(c) Information contained in a material on an individualized, nonstandard basis for a Medi-Cal beneficiary, including, but not limited to, personal identifying information or specific information regarding a Medi-Cal beneficiary’s medical condition, shall not be field tested.

SEC. 3.

Section 14029.94 is added to the Welfare and Institutions Code, to read:

14029.94.

(a) The department shall establish a readability workgroup to identify at least 10 documents released by the department to Medi-Cal beneficiaries, and shall designate a readability expert to revise those documents.

(1) The workgroup shall consist of interested stakeholders, including, but not limited to, consumer advocates.

(2) The readability expert shall have demonstrated expertise in improving the readability and visual layout of consumer documents intended for populations with low reading or health literacy.

(3) The readability expert shall consult with the department, the workgroup, and other stakeholders to ensure that essential messages are preserved through the translation process.

(b) After revising the documents, the readability expert shall present to the workgroup and department employees preparing consumer materials on best practices in readability and the principles used to revise the documents, and shall demonstrate the improvements in readability.

(c) The readability expert and workgroup shall provide the department with specific recommendations for revising the selected documents to improve the readability of the documents.

(d) The department shall rerelease the selected documents with revisions based on the recommendations from the readability expert and workgroup.

(e) After the department completes the revisions to the documents, the documents shall be translated into all threshold languages and field tested pursuant to Section 14029.93.

(f) This section shall be implemented no later than January 1, 2021.