Tuesday, August 3, 2004

A08002 Summary:
SAME AS No same as

SPONSOR RULES COM Peralta

COSPNSR Aubry, Glick, McLaughlin, Diaz L, Espaillat, Peoples, Rivera J,
Cahill, Cook, Diaz R, Gianaris, Green, Grodenchik, Nolan, Rivera P

MLTSPNSR

Add Art 14-A SS275 - 288, Exec L
Enacts the "Equal Access to Health and Human Services for Limited English
Speaking Individuals" act.

A08002 Actions:
04/09/2003 referred to governmental operations
01/07/2004 referred to governmental operations

A08002 Votes:

A08002 Memo:
TITLE OF BILL : An act to amend the executive law, in relation to
ensuring equal access to health and human services for limited English
speaking individuals

PURPOSE OR GENERAL IDEA OF BILL : To ensure that limited English
proficient New Yorkers have access to health and human services
provided by state and local agencies through the provision of
interpreters and translated materials.

SUMMARY OF SPECIFIC PROVISIONS : The Executive law is amended by
adding section 14-A

JUSTIFICATION : Title VI of the Civil Rights Act of 1964 provides
that no person in the United States shall on the ground of race, color
or national origin, be excluded from participation in, be denied the
benefits of, or be subjected to discrimination under any program or
activity receiving federal assistance. The United States Department of
Justice has stated that failure to provide language assistance to
limited English speaking individuals in federally funded, state
supervised or administered programs amounts to a violation of Title VI
by discriminating against such individuals based upon their national
origin.

This legislation would ensure that New York State and county
governments are in compliance with Title VI by requiring the provision
of translated materials and interpreters to limited English speaking
persons seeking assistance from the State Department of Family
Assistance (Office of Children and Family Services and Office of
Temporary And Disability Assistance), the State Department of Health
and the State Department of Labor, and from county and contract
agencies under their supervision.

This bill is necessary due to the large numbers of limited English
proficient New Yorkers and the failure of state and county governments
to provide translated materials and interpreters to enable these
persons to have equal access to services. New York State and county
governments have been found to be in violation of Title VI by failing
to provide adequate language access in New York City, Nassau and
Suffolk Counties in the provision of Food Stamps, Public Assistance
and Medicaid. In addition, an Assembly legislative hearing found that
the lack of interpreters denied many limited English speaking families
from receiving appropriate child welfare services.

PRIOR LEGISLATIVE HISTORY : New Bill

FISCAL IMPLICATIONS : To be determined

EFFECTIVE DATE : This act shall take effect one hundred eighty days
after it shall have become a law