Limited English Proficiency

Limited English Proficiency Jason Reed LEP Program Manager Economic Services Administration 360-725-4896 Email: reedje@dshs.wa.gov

Why Have a Language Access Program? • Prevent miscommunication Miscommunication results in: • Services not provided to eligible persons • Inadequate services/care • Over/Underpayments • Lawsuits It’s the law… as recipients of federal funds, federal and state laws require DSHS and its contractors to ensure that Limited English Proficient (LEP) applicants/recipients of services have equal access to services.

Federal Laws • Title VI of the Civil Rights Act of 1964 (Public Law 88-352) “No person in the United States shall, on the grounds of race, color, or national origin be excluded from participating, be denied the benefits of, or be subjected to discrimination under a program or activity receiving Federal financial assistance.”

Washington State Laws/Agreements • RCW 74.04.025 – DSHS specific regulations - “Bilingual services for non-English speaking applicants and recipients,” and, “Bilingual personnel.” • LEGAL AGREEMENTS – Office for Civil Rights and Client Advocacy Groups

Language Access Terminology • Limited English Proficiency (LEP) - Inability to speak, read, and/or write English well enough to understand and communicate effectively. • Includes sensory impairment and illiteracy. • Both parties, the provider of services and the recipient of services participate in the determination of limited English proficiency. • Equal Access - Ensuring access to information and services regardless of a person’s ability to communicate effectively in English. • Note: A person who asks for an interpreter may be able to understand and use some English. • Primary Language - The language identified by an individual as the language in which he/she primarily uses to communicate.

Language Access Terminology (cont.) • Interpretation - An activity that consists of establishing verbal or manual communications between two or more speakers who are not speaking (or signing) the same language. Modes: • Sight Translation • Consecutive Interpretation • Simultaneous Interpretation

Language Access Terminology (cont.) • Interpretation (cont.) - • Sign Language and Sign Systems - Simultaneous by nature. • Tactile • Auxiliary Aids - includes qualified interpreters, assistive listening systems (loop FM, and infrared), television captioning and decoders, video tapes, both open and closed captioned, TTY’s, transcriptions, readers, taped texts, Braille and large print materials. • Translation - The written transfer of a message from one language to another.

Identification and Tracking of LEP Clients • Tracking is done in ACES using the Primary Language Code (PLC) - Check F1 Help. • The current PLC – triggers written communication. • Some circumstances where written and verbal primary language are not the same (e.g., Chinese or don’t read native language=English). • Primary Language should be discussed with clients periodically and the PLC should be reviewed periodically for accuracy. • Incorrect PLCs result in untimely and inadequate notice to clients, as well as increased translation costs.

Identification and Trackingof LEP Clients (cont.) • Application for Benefits and ACES will soon request information for both written and verbal communication needs. • Important to ask the right questions and review primary language code accuracy at time of review. • PLC Errors • Common reasons for errors • Mouse • Abbreviations • OT (other language) • Current case count by language.

January 2007 Case Count – King North CSO

Translation Services ACES Letters • Centrally generated letters • Non-supported languages. • Monthly report – Informing of potential error. Make necessary changes/document action or “no action needed” in NARR. QA is currently looking at this.

Translation Services (cont.) ACES Letters (cont.) • Locally generated letters • All letters requiring free form text in non-English languages must be printed locally. • Letter or part of letter needs to be translated (by authorized staff or contractor). • Make copy of letter, mail original to client…send copy to be imaged into case record. • Document all actions in NARR.

Translation Services (cont.) DSHS Forms • We proactively translate forms into 8 languages and posted on the FRMS website. Go there first. • Forms needed in other languages are requested through local office translation coordinator (Translation Tracking System).

Interpreter Services Options: • In-Person (Broker Contracts) • Over-the-Phone What to Consider: • How soon is service needed? • Length of Call (Cost break even point = 30-35 minutes)? • Is over-the-phone an option?

Interpreter Services (cont.)In-Person(Broker Contract – Hopelink) • Minimum hourly rate. • Request as soon as need is known. • Advise of cancellation as soon as it is known. • Code of Professional Conduct (attached). Report any concerns with services. • Keep copies of encounter record for billing reconciliation.

Interpreter Services (cont.)Over-the-Phone(Language Line Services and Pacific Interpreters) • Per minute rate. • Use as back up to In-Person, for immediate needs, and for shorter encounters. • Access Codes. • Logistics…training from contractors.

Interpreter Services (cont.)Deaf and Hard of Hearing • American Sign Language Interpreters • Request as soon as need is known. • Advise of cancellation as soon as it is known. • Keep copies of encounter record for billing reconciliation. • Degrees of hearing loss and auxiliary aids. • Training from the DSHS office of Deaf and Hard of Hearing.

Working With Interpreters

Qualifications of a First-Rate Interpreter: • Fluency • have command of two or more languages, and • have knowledge of the terminology used in the setting in which they will be interpreting. • Interpreter Skills • Bilingual person ≠ Interpreter – e.g., Memory Retention/Listening Comprehension. Different skills are needed for different modes of interpretation. • Ethics • Code of Professional Conduct.

Qualifications of a First-Rate Interpreter (cont.): • Cultural Competence • Familiarity with cultures of the populations they serve. • Other Qualifications • Desire to help others. • Personality that is capable of adapting to different, unforeseen circumstances. • Ability to function as the “mirror image”, in another language, of the person speaking. • Ability to put aside personal feelings, opinions and biases.

Roles an interpreter should not assume: • Advocate • Filter • Worker • Transporter • Social Butterfly

Who should not be used as an interpreter? • A client’s/customer’s family member, friend or coworker, or someone who may have a personal bias with/against the client. • In some instances, exceptions may become necessary. A client may need an interpreter and none is available. In these cases, the message must be kept simple and the worker should immediately schedule a new appointment when an interpreter is available. • Children Note: A trained interpreter with no knowledge of the specific structure and vocabulary of the agency conducting the session may not be the most suitable person to for the job.

General Guidelines for Effectively Workingwith Interpreters: • Support interpreters in maintaining their status as a neutral 3rd party. • Strive to keep all speakers’ voice levels up and to minimize other noise around you. • Be aware of “interpreter fatigue”…Give ‘em a Break! (discuss during pre-session). • An interpreter who is prepared with a dictionary is acting professionally (not necessarily conducive to simultaneous interpretation). • Try to avoid using jargon and technical terms.

General Guidelines for Effectively Workingwith Interpreters (cont.) • Maintain control of interpreter encounter just as you would in a session where no interpreter is required. • Interpreter control factors – language, experience. • Observe non-verbal cues – silence, expressiveness, eye contact, body movements. • Pausing the interview. • Speak at a slower rate of speed (especially when reading from documents or instructions). • Do not jump to linguistic conclusions—terms may not always mean what they sound like.

Effectively Working with Interpreters • Pre-Session • Session • Post Session

Effective Use of InterpretersPre-Session The employee and interpreter discuss and decide on issues which affect the session. This is the time to establish rapport with the interpreter. • Explain which mode of interpretation you intend to use. • Explain the purpose of the session. • Instruct the interpreter where to situate him/herself. • Discuss timing and breaks. • Remind them not to engage in any independent conversation with you or the person they are interpreting for during the session. They are to interpret everything that is said. • Explain any technical terms you expect to use during the session.

Effective Use of InterpretersSession • At the start of the session, introduce yourself. • Next introduce the interpreter, explain his/her role, and take the positions agreed upon. • Talk through the interpreter, not to the interpreter (1st person not 3rd person). • Use simple English. Avoid jargon, technical terms or slang. • Speak slower rather than louder. • The interpreter may ask you to stop every so often so that he/she can interpret more easily.

Effective Use of InterpretersSession (cont.) Examples: Establishing ground rules at start of session: • “I have asked the interpreter to sit next to you so that I can speak directly to you.” • “The interpreter will interpret everything I say and only what I say.” • “Likewise, the interpreter will interpret everything and anything you say. ” • “I will speak in short phrases so that the interpreter can interpret what I say more easily.” • “The interpreter may ask me to stop every so often so that he/she can interpret what I have said.” • Ask the individual if they have any questions about the interpreting process.

Effective Use of InterpretersPost-Session Discuss the following: • Issues that could not be adequately discussed during the session. • Problems or misunderstandings. • Complete paperwork. • Thank the interpreter. • Report any problems to your LEP coordinator.

Reference Materials • Administrative Policy 7.21 - Includes Code of Professional Conduct. • E A-Z Manual LEP Chapter - Includes LEP WAC References (388-271-0010, 388-271-0020, 388-271-0030).

Limited English Proficiency