Section 8-1001
§ 8-1001 Short title. This chapter shall be known and may be cited as
the "Equal Access to Human Services Act of 2003."
Section 8-1002
§ 8-1002 Definitions. For purposes of this chapter, the following
terms have the following meanings:
a. "Agency" means the human resources administration/department of
social services, including any part, subdivision, field office or
satellite facility thereof.
b. "Agency office" means a job center, food stamp office, medical
assistance program office, or other part, subdivision, field office or
satellite facility of the agency or agency contractor office that
performs a covered function.
c. "Agency contractor" means any contractor that enters into a covered
contract with the agency.
d. "Agency personnel" means bilingual personnel or interpreter
personnel who are employees of the agency.
e. "Bilingual personnel" means agency, agency contractor, or other
contractor employees, not including work experience program
participants, who provide language assistance services in addition to
other duties.
f. "Contract" means any written agreement, purchase order or
instrument whereby the city is committed to expend or does expend funds
in return for work, labor or services.
g. "Contractor" means any individual, sole proprietorship,
partnership, joint venture or corporation or other form of doing
business that enters into a contract.
h. "Covered contract" means a contract between the agency and a
contractor to perform a covered function.
i. "Covered function" means any of the following functions:
1. Benefits or services offered or provided at agency offices;
2. Benefits or services provided by agency contractors to provide
employment services in connection with participation of individuals
engaged in activities required by sections 335 through 336-c of the
social services law;
3. Home care services; and
4. Determinations regarding eligibility for subsidized child care.
j. "Covered language" means Arabic, Chinese, Haitian Creole, Korean,
Russian or Spanish.
k. "Document" means the following forms and notices developed by the
agency:
i. Application forms and corresponding instructional materials;
ii. Notices that require a response from the participant;
iii. Notices that concern the denial, termination, reduction, increase
or issuance of a benefit or service;
iv. Notices regarding the rights of participants to a conference and
fair hearing; and
v. Notices describing regulation changes that affect benefits.
l. "Interpretation services" means oral, contemporaneous
interpretation of oral communications.
m. "Interpreter personnel" means agency, agency contractor, or other
contractor employees, not including work experience program
participants, whose sole responsibility is to provide language
assistance services.
n. "Language assistance services" means interpretation services and/or
translation services provided by bilingual personnel or interpreter
personnel to a limited English proficient individual in his/her primary
language to ensure their ability to communicate effectively with agency
or agency contractor personnel.
o. "Limited English proficient individual" means an individual who
identifies as being, or is evidently, unable to communicate meaningfully
with agency or agency contractor personnel because English is not
his/her primary language.
p. "Other covered agency" means the administration for children's
services; the department of homeless services; the department of health
and mental hygiene; and all functions served by the agency that are not
covered functions, including any part, subdivision, field office or
satellite facility thereof.
q. "Primary language" means the language in which a limited English
proficient individual chooses to communicate with others.
r. "Translation services" means oral explanation or written
translation of documents.
Section 8-1003
§ 8-1003 Language assistance services. a. The agency and all agency
contractors shall provide free language assistance services as required
by this chapter to limited English proficient individuals.
b. When a limited English proficient individual seeks or receives
benefits or services from an agency office or agency contractor, the
agency office or agency contractor shall provide prompt language
assistance services in all interactions with that individual, whether
the interaction is by telephone or in person. The agency office or
agency contractor shall meet its obligation to provide prompt language
assistance services for purposes of this subdivision by ensuring that
limited English proficient individuals do not have to wait unreasonably
longer to receive assistance than individuals who do not require
language assistance services.
c. Where an application or form requires completion in English by a
limited English proficient individual for submission to a state or
federal authority, the agency or agency contractor shall provide oral
translation of such application or form as well as certification by the
limited English proficient individual that the form was translated and
completed by an interpreter.
d. The agency shall make all reasonable efforts to provide language
assistance services in person by bilingual personnel.
Section 8-1004
§ 8-1004 Translation of documents. The agency shall translate all
documents into every covered language as of the first day of the
sixtieth month after the effective date of the local law that added this
chapter.
Section 8-1005
§ 8-1005 Notices. a. Upon initial contact, whether by telephone or in
person, with an individual seeking benefits and/or services offered by
the agency or an agency contractor, the agency or agency contractor
shall determine the primary language of such individual. If it is
determined that such individual's primary language is not English, the
agency or agency contractor shall inform the individual in his/her
primary language of the right to free language assistance services.
b. The agency shall provide in all application and recertification
packages an 8 1/2 inch x 11 inch or larger notice advising participants
that free language assistance services are available at its offices and
where to go if they would like an interpreter. This notice shall appear
in all covered languages.
c. The agency and each agency contractor shall post conspicuous signs
in every covered language at all agency offices and agency contractor
offices informing limited English proficient individuals of the
availability of free language assistance services.
d. Other covered agencies. Upon initial contact, whether by telephone
or in person, with an individual seeking benefits and/or services
offered by an other covered agency, the other covered agency shall
determine the primary language of such individual. If it is determined
that such individual's primary language is not English, the other
covered agency shall inform the individual in his/her primary language
of available language assistance services.
Section 8-1006
§ 8-1006 Screening and training. The agency and each agency contractor
shall screen bilingual personnel and interpreter personnel for their
ability to provide language assistance services. The agency and each
agency contractor shall provide annual training for bilingual personnel
and interpreter personnel and ensure that they are providing appropriate
language assistance services.
Section 8-1007
§ 8-1007 Recordkeeping. a. No later than the first day of the sixtieth
month after the effective date of the local law that added this chapter,
the agency and each agency contractor shall maintain records of the
primary language of every individual who seeks or receives benefits or
services from the agency or agency contractor. At a minimum, the agency
and each agency contractor shall maintain specific records of the
following:
1. The number of limited English proficient individuals served,
disaggregated by agency, agency contractor or contractor, agency office,
type of language assistance required and primary language;
2. The number of bilingual personnel and the number of interpreter
personnel employed by the agency, disaggregated by language translated
or interpreted by such personnel;
3. Whether primary language determinations are recorded properly; and
4. Whether documents are translated accurately and disseminated
properly.
b. Other covered agencies. No later than the first day of the sixtieth
month after the effective date of the local law that added this chapter,
every other covered agency shall maintain records of the primary
language of every individual who seeks or receives ongoing benefits or
services. At a minimum, the other covered agency shall maintain specific
records of the following:
1. The number of limited English proficient individuals served,
disaggregated by type of language assistance required and primary
language;
2. The number of bilingual personnel and the number of interpreter
personnel employed by the other covered agency, disaggregated by
language translated by such personnel;
3. Whether primary language determinations are recorded properly; and
4. Whether documents are translated accurately and disseminated
properly.
Section 8-1008
§ 8-1008 Implementation. a. The agency shall phase in language
assistance services for covered functions as follows:
1. As of the first day of the twenty-fourth month after the effective
date of the local law that added this chapter, no less than 20% of
covered functions provided by agency offices.
2. As of the first day of the forty-eighth month after the effective
date of the local law that added this chapter, no less than 40% of
covered functions provided by agency offices.
3. As of the first day of the sixtieth month after the effective date
of the local law that added this chapter, 100% of covered functions
provided by agency offices.
b. Contractors.
1. In all covered contracts entered into or renewed after January 1,
2005, the contractor shall certify that it shall make available language
assistance services and maintain and provide access to records as
required by this chapter.
2. Every covered contract must contain a provision in which the
contractor acknowledges that the following responsibilities constitute
material terms of the contract:
(a) to provide language assistance services as required by this
chapter;
(b) to comply with the recordkeeping requirements set forth in this
chapter;
(c) to provide the city access to its records for the purpose of
audits or investigations to ascertain compliance with the provisions of
this section, to the extent permitted by law; and
(d) to provide evidence to the city that the contractor is in
compliance with the provisions of this section, upon request.
3. If an agency contractor enters into a subcontract agreement to
provide any benefits or services under a covered contract, that
subcontract will be considered a covered contract for purposes of this
section and the provisions of this section will bind the subcontractor.
Each contractor is required to include the contract provision set forth
in paragraph 2 of this subdivision in any such subcontract agreement.
c. Implementation plans. Within eight months of the effective date of
the local law that added this chapter, the agency and each other covered
agency shall develop an implementation plan that describes how and when
the agency or other covered agency will meet the requirements imposed by
this chapter. The agency and each other covered agency shall publish a
copy of its implementation plan.
d. Implementation updates and annual reports. No later than 90 days
after the end of each calendar year after the publication of the
implementation plan and before implementation is complete, the agency
and each other covered agency shall publish an implementation update.
The implementation update shall describe steps taken over the prior year
to implement the requirements of this chapter and shall describe any
changes in the agency or other covered agency's plan for implementing
the remaining requirements of the local law that added this chapter
before the date set forth in subdivision a of this section. The
implementation update for every year after 2004 shall include a report
on the number of limited English proficient people served, disaggregated
by language and by agency office or other covered agency office. Not
later than 90 days after the end of each calendar year beginning with
2008, the agency and each other covered agency shall publish an annual
report on language assistance services. At a minimum, this annual report
of the agency, each agency contractor and each other covered agency
shall set forth the information required to be maintained by this
chapter.
Section 8-1009
§ 8-1009 Rules. The agency and each other covered agency shall
promulgate such rules as are necessary for the purposes of implementing
and carrying out the provisions of this chapter.
Section 8-1010
§ 8-1010 Miscellaneous. a. Nothing in this chapter precludes the
agency or an agency contractor from providing language assistance
services beyond those required by this chapter.
b. Nothing in this chapter precludes a limited English proficient
individual from having an adult volunteer, relative, spouse or domestic
partner accompany him/her to provide language assistance services with
the agency office or agency contractor, provided that the agency office
or agency contractor informs a limited English proficient individual of
the availability of free language assistance services and the agency
remains responsible for ensuring effective communication.
c. This chapter does not apply to any contract with an agency
contractor entered into or renewed prior to January 1, 2005.
Section 8-1011
§ 8-1011 Severability. If any section, subsection, sentence, clause,
phrase or other portion of this local law is, for any reason, declared
unconstitutional or invalid, in whole or in part, by any court of
competent jurisdiction such portion shall be deemed severable, and such
unconstitutionality or invalidity shall not affect the validity of the
remaining portions of this law, which shall continue in full force and
effect.
To the extent possible under law, Friends of Devin Balkind for Public Advocate has waived all copyright and related or neighboring rights to New York City Administrative Code. This work is published from: United States.
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