In mid-2016, the US Department of
Health and Human Services (HHS) issued a rule to help medical and insurance providers comply with Section 1557. A key change in HHS’s ruling modifies the standard for interpreters in healthcare, replacing
“competent” with “qualified” as the expectation for anyone providing interpretation services.
In the wake of this ruling, many providers are looking for a workable definition of "qualified" interpreters. According to Section 1557 - and the subsequent clarifying HHS ruling - qualified interpreters should be:
TESTED AND TRAINED
By changing verbiage on interpreters from “competent” to “qualified,” HHS placed emphasis on interpreters needing some form of qualification. They drew a distinction between multilingual individuals and those who have undertaken specific training and had their proficiency tested.
PROFESSIONAL AND DESIGNATED
HHS's ruling specifically warned providers not to rely on bilingual staff unless their stated job duties include interpreting. Qualified interpreters must also be:
- Proficient in speaking and understanding both spoken English and at least one other spoken language, including any necessary specialized vocabulary, terminology, and phraseology, and
- Able to effectively, accurately, and impartially communicate directly with individuals with limited English proficiency in their primary languages.
The ruling also prohibited the use of
minor family members (except in an emergency) and adult friends and family (unless the patient specifically requests it). Qualified interpretation must be done by professionals.