Bill Text: NJ A228 | 2010-2011 | Regular Session | Introduced
Bill Title: Requires health insurers, SHBP, and SEHBP to provide coverage for interpreter services for persons who have limited English proficiency or deafness.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2010-01-12 - Introduced, Referred to Assembly Financial Institutions and Insurance Committee [A228 Detail]
Download: New_Jersey-2010-A228-Introduced.html
STATE OF NEW JERSEY
214th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2010 SESSION
Sponsored by:
Assemblywoman JOAN M. QUIGLEY
District 32 (Bergen and Hudson)
Assemblyman GORDON M. JOHNSON
District 37 (Bergen)
SYNOPSIS
Requires health insurers, SHBP, and SEHBP to provide coverage for interpreter services for persons who have limited English proficiency or deafness.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning health benefits coverage for interpreter services 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. Subject to the provisions of subsection b. of this section, a hospital service corporation contract that provides hospital and medical expense benefits and is delivered, issued, executed, or renewed in this State pursuant to P.L.1938, c.366 (C.17:48-1 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 by a health care provider for the provision of interpreter services to a covered person with limited English proficiency or to a covered person with deafness.
b. A written request for interpreter services shall be furnished to the provider by, or on behalf of, the covered person on a form and in a manner specified by the hospital service corporation, as prescribed by regulation of the Commissioner of Banking and Insurance.
c. The benefits shall be provided to the same extent as for any other condition under the contract.
d. This section shall apply to those hospital service corporation contracts in which the hospital service corporation has reserved the right to change the premium.
e. The Commissioner of Banking and Insurance, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall adopt rules and regulations to effectuate the purposes of this section.
2. a. Subject to the provisions of subsection b. of this section, a medical service corporation contract that provides hospital and medical expense benefits and is delivered, issued, executed, or renewed in this State pursuant to P.L.1940, c.74 (C.17:48A-1 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 by a health care provider for the provision of interpreter services to a covered person with limited English proficiency or to a covered person with deafness.
b. A written request for interpreter services shall be furnished to the provider by, or on behalf of, the covered person on a form and in a manner specified by the medical service corporation, as prescribed by regulation of the Commissioner of Banking and Insurance.
c. The benefits shall be provided to the same extent as for any other condition under the contract.
d. This section shall apply to those medical service corporation contracts in which the medical service corporation has reserved the right to change the premium.
e. The Commissioner of Banking and Insurance, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall adopt rules and regulations to effectuate the purposes of this section.
3. a. Subject to the provisions of subsection b. of this section, a health service corporation contract that provides hospital and medical expense benefits and is delivered, issued, executed, or renewed in this State pursuant to P.L.1985, c.236 (C.17:48E-1 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 by a health care provider for the provision of interpreter services to a covered person with limited English proficiency or to a covered person with deafness.
b. A written request for interpreter services shall be furnished to the provider by, or on behalf of, the covered person on a form and in a manner specified by the health service corporation, as prescribed by regulation of the Commissioner of Banking and Insurance.
c. The benefits shall be provided to the same extent as for any other condition under the contract.
d. This section shall apply to those health service corporation contracts in which the health service corporation has reserved the right to change the premium.
e. The Commissioner of Banking and Insurance, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall adopt rules and regulations to effectuate the purposes of this section.
4. a. Subject to the provisions of subsection b. of this section, an individual health insurance policy that provides hospital and medical expense benefits and is delivered, issued, executed, or renewed in this State pursuant to N.J.S.17B:26-1 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 by a health care provider for the provision of interpreter services to a covered person with limited English proficiency or to a covered person with deafness.
b. A written request for interpreter services shall be furnished to the provider by, or on behalf of, the covered person on a form and in a manner specified by the insurer, as prescribed by regulation of the Commissioner of Banking and Insurance.
c. The benefits shall be provided to the same extent as for any other condition under the policy.
d. This section shall apply to those policies in which the insurer has reserved the right to change the premium.
e. The Commissioner of Banking and Insurance, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall adopt rules and regulations to effectuate the purposes of this section.
5. a. Subject to the provisions of subsection b. of this section, a group health insurance policy that provides hospital and medical expense benefits and is delivered, issued, executed, or renewed in this State pursuant to N.J.S.17B:27-26 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 by a health care provider for the provision of interpreter services to a covered person with limited English proficiency or to a covered person with deafness.
b. A written request for interpreter services shall be furnished to the provider by, or on behalf of, the covered person on a form and in a manner specified by the insurer, as prescribed by regulation of the Commissioner of Banking and Insurance.
c. The benefits shall be provided to the same extent as for any other condition under the policy.
d. This section shall apply to those policies in which the insurer has reserved the right to change the premium.
e. The Commissioner of Banking and Insurance, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall adopt rules and regulations to effectuate the purposes of this section.
6. a. Subject to the provisions of subsection b. of this section, an individual health benefits plan that is delivered, issued, executed, or renewed in this State pursuant to P.L.1992, c.161 (C.17B:27A-2 et seq.), on or after the effective date of this act, shall provide coverage for expenses incurred by a health care provider for the provision of interpreter services to a covered person with limited English proficiency or to a covered person with deafness.
b. A written request for interpreter services shall be furnished to the provider by, or on behalf of, the covered person on a form and in a manner specified by the carrier, as prescribed by regulation of the New Jersey Individual Health Coverage Program Board.
c. The benefits shall be provided to the same extent as for any other condition under the health benefits plan.
d. This section shall apply to those health benefits plans in which the carrier has reserved the right to change the premium.
e. The New Jersey Individual Health Coverage Program Board, pursuant to the "Administrative Procedure Act," P.L.1968, c. 410 (C.52:14B-1 et seq.), shall adopt rules and regulations to effectuate the purposes of this section.
7. a. Subject to the provisions of subsection b. of this section, a small employer health benefits plan that is delivered, issued, executed, or renewed in this State pursuant to P.L.1992, c.162 (C.17B:27A-17 et seq.), on or after the effective date of this act, shall provide coverage for expenses incurred by a health care provider for the provision of interpreter services to a covered person with limited English proficiency or to a covered person with deafness.
b. A written request for interpreter services shall be furnished to the provider by, or on behalf of, the covered person on a form and in a manner specified by the carrier, as prescribed by regulation of the New Jersey Small Employer Health Benefits Program Board.
c. The benefits shall be provided to the same extent as for any other condition under the health benefits plan.
d. This section shall apply to those health benefits plans in which the carrier has reserved the right to change the premium.
e. The New Jersey Small Employer Health Benefits Program Board, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall adopt rules and regulations to effectuate the purposes of this section.
8. a. Subject to the provisions of subsection b. of this section, a health maintenance organization contract for health care services that is delivered, issued, executed, or renewed in this State pursuant to P.L.1973, c.337 (C.26:2J-1 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 health care services for expenses incurred by a health care provider for the provision of interpreter services to an enrollee with limited English proficiency or to an enrollee with deafness.
b. A written request for interpreter services shall be furnished to the provider by, or on behalf of, the enrollee on a form and in a manner specified by the health maintenance organization, as prescribed by regulation of the Commissioner of Banking and Insurance.
c. The health care services shall be provided to the same extent as for any other condition under the contract.
d. This section shall apply to those contracts for health care services under which the right to change the schedule of charges for enrollee coverage is reserved.
e. The Commissioner of Banking and Insurance, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall adopt rules and regulations to effectuate the purposes of this section.
9. a. Subject to the provisions of subsection b. of this section, the State Health Benefits Commission shall ensure that every contract purchased on or after the effective date of this act that provides hospital or medical expense benefits shall provide coverage for expenses incurred by a health care provider for the provision of interpreter services to a covered person with limited English proficiency or to a covered person with deafness.
b. A written request for interpreter services shall be furnished to the provider by, or on behalf of, the covered person on a form and in a manner prescribed by regulation of the commission.
c. The commission shall provide written information to covered persons about how to obtain coverage for interpreter services pursuant to this section.
d. The commission, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall adopt rules and regulations to effectuate the purposes of this section.
10. a. Subject to the provisions of subsection b. of this section, the School Employees' Health Benefits Commission shall ensure that every contract purchased on or after the effective date of this act that provides hospital or medical expense benefits shall provide coverage for expenses incurred by a health care provider for the provision of interpreter services to a covered person with limited English proficiency or to a covered person with deafness.
b. A written request for interpreter services shall be furnished to the provider by, or on behalf of, the covered person on a form and in a manner prescribed by regulation of the commission.
c. The commission shall provide written information to covered persons about how to obtain coverage for interpreter services pursuant to this section.
d. The commission, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall adopt rules and regulations to effectuate the purposes of this section.
11. a. A carrier shall include, in the information required to be disclosed in writing to a subscriber pursuant to section 4 of P.L.1997, c.192 (C.26:2S-4), information about how to obtain coverage for interpreter services pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill).
b. The Commissioner of Banking and Insurance, the New Jersey Individual Health Coverage Program Board, and the New Jersey Small Employer Health Benefits Program Board, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall adopt rules and regulations to effectuate the purposes of this section.
12. This act shall take effect on the 180th day after enactment and shall apply to all contracts and policies issued on or after the effective date, but the Commissioner of Banking and Insurance, the New Jersey Individual Health Coverage Program Board, the New Jersey Small Employer Health Benefits Program Board, the State Health Benefits Commission, and the School Employees' Health Benefits Commission may take such anticipatory administrative action in advance thereof as shall be necessary for the implementation of the act.
STATEMENT
This bill requires health insurance carriers (hospital, medical and health service corporations, individual, small employer and larger group commercial insurers, and health maintenance organizations), the State Health Benefits Program (SHBP), and the School Employees' Health Benefits Program (SEHBP) to provide coverage for expenses incurred by a health care provider to provide interpreter services for covered persons with limited English proficiency or deafness.
The bill requires, as a condition of coverage for interpreter services, that a written request for the services be furnished to the health care provider by, or on behalf of, the covered person on a form and in a manner specified by the health insurance carrier, as prescribed by regulation.
The bill also requires a health insurance carrier, and in the case of SHBP and SEHBP the appropriate commission, to provide covered persons with information about how to obtain coverage for interpreter services.
The bill takes effect on the 180th day after enactment and applies to all contracts and policies issued on or after the effective date, but authorizes the Commissioner of Banking and Insurance, the New Jersey Individual Health Coverage Program Board, the New Jersey Small Employer Health Benefits Program Board, the State Health Benefits Commission, and the School Employees' Health Benefits Commission to take anticipatory administrative action in advance as necessary to implement the provisions of the bill.
