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For healthcare, the bill pushes a taxpayer-funded entitlement to foreign language translation, essentially seeking to enshrine infamous Executive Order 13166 into federal statute.
An entitlement – the mandate – to have the taxpayers pay for proper translation of complex medical jargon into any and every language would create a huge financial burden.
A translation mandate would create massive legal liability that taxpayers would have to fund.
The mandate would insert the government between you and your doctor yet one more time.
For liberals, this bill solves their problem of repeated court rejections of their claim that foreign language translation is mandated by the 1964 Civil Rights law ―on the basis of national origin.‖ This bill would provide a replace that fallacious argument with a new, bona fide statutory basis for foreign language translations.
The bill has no less than SEVENTEEN sections mandating foreign language usage, with a clear eye toward expansion:
1. Section 112 mandates that wellness programs provide foreign language materials to qualify; 2. Section 233 mandates that health plan offerers provide disclosure documents in foreign languages. 3. Section 244 mandates ombudsman operation in every foreign language; 4. Section 304 mandates that all health benefits plans must provide translation into every foreign language; 5. Section 305 requires outreach and enrollment for health benefits plans to be provided in foreign languages. 6. Section 341 requires application for affordablility credits to be offered in foreign languages. 7. Section 1221 mandates a study on Medicare payments for foreign language services. 8. Section 1222 commences a Medicare demonstration program, clearly intended to become permanent for ―the entire Medicare program,‖ to provide ―free interpreter and translation services…to each patient with limited English proficiency at all points of contact, in a timely manner during all hours of operation‖ without ―cost-sharing or co-pays for language services provided through this demonstration program‖ but with training and accrediting of translators.
9. Section 1223 mandates a report on how translation spending affects translation recipients. The report surely will say, ―Government spending is good; more taxpayer funding would be better.‖ Bureaucrats basically would be funded to think up ways to have more bureaucrats. 10. Section 1224 makes clear that ―interpreting‖ means ―faithfully, accurately, and objectively,‖ thereby creating three bases for suing the government translation program—the taxpayers. 11. Section 1224 also mandates signage in foreign languages. 12. Section 1401 mandates that the findings of the highly controversial Center for Comparative Effectiveness Research be disseminated in foreign languages. 13. Section 1723 expands translation and interpretation services in the Children’s Health Insurance Program beyond children to include ―other individuals.‖ 14. Section 1904 mandates that home visitation programs for children and expecting families be implemented in foreign languages. 15. Section 2513 mandates that behavioral health centers employ multi-lingual clinical staff. 16. Section 2521 mandates that nursing grant programs include foreign language training. 17. Section 2590 mandates that a Secretary of Labor website on healthcare labor markets and job training be hosted in a foreign language.
Foreign language translation in every healthcare plan is a huge unfunded mandate.
Operating a complaint center in every foreign language will cost plenty.
Medicare foreign language translation would be a huge taxpayer cost.
To do so faithfully, accurately, objectively, at all points of contact, in a timely manner, during all hours of operation will cost a fortune.
Imagine if the foreign language translation were to omit something, were inaccurate, were to lean arguably for or against a procedure, were to occur at only some points of contact, were to be delayed, or were unavailable in the middle of the night or at any point in time – you can envision the massive lawsuits, potentially class action lawsuits.
The services may include document translation.
The foreign language translation mandate really creates a new field of medical malpractice liability.
This mandate would mean hiring tens of thousands of additional employees as translators and interpreters.
The cost to taxpayers at all levels of government could easily total tens of billions of dollars.
The American Medical Association (AMA) warns that mandated translation could create serious access problems, even for people with limited English proficiency.
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