Kentucky Administrative Regulations
Title 920 - CABINET FOR HEALTH AND FAMILY SERVICES
Chapter 1 - Administration
Section 920 KAR 1:070 - Services for individuals who are deaf, hard of hearing, or speech impaired
Universal Citation: 920 KY Admin Regs Service 1:070
Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO: KRS 2.110, 163.500, 163.506, 194A.005(1), 194A.030(9) 194A.060, 278.548, 309.300-309.319, 344.500(1), 28 C.F.R. 35.104, 35.160, 29 U.S.C. 794, 42 U.S.C. 12131-12213, 45 C.F.R. 160, 162, 164
NECESSITY, FUNCTION, AND CONFORMITY: KRS 194A.050(1) requires the Secretary of the Cabinet for Health and Family Services to promulgate, administer, and enforce those administrative regulations necessary to implement programs mandated by federal law or to qualify for the receipt of federal funds and necessary to cooperate with other state and federal agencies for proper administration of the cabinet and its programs. In accordance with federal mandates in 28 C.F.R. 35.160, 29 U.S.C. 794, and 42 U.S.C. 12131-12213, and KRS 12.290 and 344.500(1), the Cabinet for Health and Family Services has a responsibility to provide accessibility to program services delivered directly by the cabinet or indirectly through a contractual or other arrangement to an individual who is deaf or hard of hearing. This administrative regulation establishes cabinet procedures for the provision of interpreting services to a client who is deaf or hard of hearing.
Section 1. Definitions.
(1) "Assignment"
means interpreting for a client as approved by a cabinet program.
(2) "Cabinet" is defined by KRS 194A.005(1).
(3) "Cabinet program"
means a program of service, financial aid, or other benefit administered by the
cabinet and provided:
(a) Directly by the
cabinet; or
(b) Indirectly by the
cabinet through a contractual or other arrangement.
(4) "Client" means a person who:
(a) Applies in writing, electronically,
verbally, or through a designated representative for participation in a cabinet
program; or
(b) Receives a service,
financial aid, or other benefit from a cabinet program.
(5) "Companion" means a family member,
friend, or associate of an individual seeking access to a service, program, or
activity of the cabinet, who, along with that individual, is an appropriate
person with whom the cabinet communicates.
(6) "Deaf" and "hard of hearing" are defined
by KRS 163.500.
(7) "Emergency"
means a situation of an urgent nature in which a client determines that a delay
of the event for more than twenty-four (24) hours is likely to result in loss
of service, financial aid, or other benefit in a cabinet program.
(8) "Individual with a communication
disability" means a person who is deaf, hard of hearing, or speech
impaired.
(9) "Interpreter" is
defined by KRS 309.300(4).
(10)
"Interpreting" is defined by KRS 309.300(5).
(11) "Kentucky Board of Interpreters for the
Deaf and Hard of Hearing" means:
(a) "Board"
as defined by KRS 309.300(1); and
(b) The board established by KRS 309.302.
(12) "Kentucky
Commission on the Deaf and Hard of Hearing" or "KCDHH" means the commission
established by KRS 163.506.
(13)
"Office of Human Resource Management" or "OHRM" means the major organizational
unit of the cabinet established by KRS 194A.030(9).
(14) "Ongoing interpreting services" means
interpreting services required to meet the needs of a client in a cabinet
program in accordance with the client's plan of care, case plan, or program
eligibility.
(15) "Qualified
interpreter" means an interpreter who, via a video remote interpreting (VRI)
service or an on-site appearance, is:
(a) Able
to interpret effectively, accurately, and impartially, both receptively and
expressively, using any necessary specialized vocabulary; and
(b) A sign language interpreter, oral
transliterator, or cued-language transliterator.
(16) "Time-limited interpreting services"
means interpreting services that are provided to a client at a specific time
and location in order to access a cabinet program.
Section 2. Provision of Interpreting Services.
(1) A cabinet program shall:
(a) Make available qualified interpreting
services to a client who is deaf, hard of hearing, or speech impaired;
and
(b) Take appropriate steps to
ensure that communication with an applicant, participant, member of the public,
or companion with a disability is as effective as communication with
others.
(2) Interpreting
services provided by a cabinet program shall be at no charge to a
client.
(3) Interpreting provided
by a cabinet program shall be in accordance with KRS 309.301.
(4) On behalf of a client who is deaf, hard
of hearing, or speech impaired and does not waive interpreting services in
accordance with Section 4(2) of this administrative regulation, a cabinet
program shall:
(a) Access a qualified
interpreter licensed by the Kentucky Board of Interpreters for the Deaf and
Hard of Hearing in accordance with KRS 309.300-309.319 and 201 KAR Chapter 39;
or
(b) Request interpreting
services:
1. In accordance with 735 KAR 2:050;
and
2. Through the Interpreter
Referral Service Program established by KCDHH in 735 KAR Chapter 2.
(5) A cabinet program
may utilize an employee for interpreting as an alternative to the requirement
of subsection (4) of this section if:
(a) The
cabinet program employs an individual who is licensed by the Kentucky Board of
Interpreters for the Deaf and Hard of Hearing in accordance with KRS 309.300-309.319 and 201 KAR Chapter 39;
(b) The employee is a qualified interpreter;
and
(c) No actual or perceived
conflict exists between the employee's job duties and the provision of
interpreting services for the client, as approved by the employee's
supervisor.
(6) A
cabinet program or a client may access the Kentucky Telephone or Video Relay
Service Program established in accordance with KRS 278.548.
Section 3. Interpreter Selection.
(1) In the selection of an interpreter, a
cabinet program shall give consideration to:
(a) An interpreter's:
1. Licensure;
2. Certification;
3. Years of experience; and
4. Exposure to the cabinet program or
familiarity with the jargon of the cabinet program;
(b) Prior use of the interpreter by the
cabinet program for the same client;
(c) Any preference of the client;
and
(d) The estimated cost for the
interpreting services.
(2) An interpreter who provides interpreting
services to a cabinet program shall:
(a)
Comply with:
1.
735 KAR 2:040 if the
interpreter is retained through KCDHH Interpreter Referral Services Program;
and
2. Licensure requirements of
the Kentucky Board of Interpreters for the Deaf and Hard of Hearing in
accordance with KRS 309.300-309.319 and 201 KAR Chapter 39; and
(b) Agree to confidentiality in
the provision of interpreting services in accordance with KRS 194A.060, and 45 C.F.R. 160, 162, and 164.
Section 4. Client Rights.
(1) A cabinet program shall inform a client
who is deaf, hard of hearing, or speech impaired of the client's right to
effective communication through the provision of the CHFS-OHRM-EEO-2, Your
Right to Equally Effective Communication.
(2)
(a) A
client who is deaf, hard of hearing, or speech impaired shall have the right to
waive interpreting services provided by a cabinet program.
(b) To waive interpreting services:
1. A client shall complete and sign the
CHFS-OHRM-EEO-3, Waiver of Free Interpreting Services; and
2. The cabinet program shall provide a copy
of the signed CHFS-OHRM-EEO-3 to the client.
(c) A client may rescind the CHFS-OHRM-EEO-3
at any time.
(d) A client may rely
on an accompanying adult companion who uses sign language to interpret or
facilitate communication if:
1. The client
makes the request;
2. The
accompanying adult companion agrees;
3. Reliance on the accompanying adult
companion is appropriate under the circumstances; and
4. The accompanying adult companion's
impartiality or effectiveness is not in doubt.
(3) If a client refuses a specific
interpreter, a cabinet program shall attempt to find a replacement but shall
not guarantee a replacement.
Section 5. Payment for Interpreting Services.
(1)
(a)
Unless an emergency exists, a cabinet program shall approve payment for
interpreting services, whether time-limited or ongoing interpreting services,
with an interpreter prior to the provision of interpreting services to a
client.
(b) The total payment
approved shall:
1. Be documented in
writing;
2. Be copied or shared
with the interpreter and the cabinet program;
3. Include identifying information about the
cabinet program and the assignment; and
4. Include a breakdown of the interpreter's:
a. Hourly rate in accordance with subsection
(3) of this section;
b. Projected
number of hours for the assignment in accordance with subsection (4) of this
section;
c. Projected
mileage;
d. Meal required during
the assignment; and
e. Overnight
lodging requested for the assignment in accordance with paragraph (c) of this
subsection.
(c) An overnight lodging request for
interpreting services shall include:
1. A
justification for the overnight lodging;
2. The estimated length of the
lodging;
3. A preferred lodging
establishment; and
4. Projected
lodging costs.
(2) Mileage and meal reimbursement shall be
in accordance with 200 KAR 2:006.
(3)
(a) A
cabinet program shall pay an interpreter an hourly rate:
1. For interpreting services provided Monday
through Friday between the hours of 8 a.m. and 5 p.m.; and
2. Consistent with the prevailing rate for
the service area.
(b) In
addition to the hourly rate established in paragraph (a) of this subsection, a
cabinet program shall pay an enhanced hourly rate consistent with the
prevailing enhanced rate for the service area if the interpreter's assignment
falls:
1. Between 5 p.m. and 8 a.m. Monday
through Friday;
2. Between 5 p.m.
Friday and 8 a.m. Monday; or
3. On
a state holiday established in accordance with KRS 2.110.
(c) The cabinet shall consult annually with
KCDHH regarding accessibility and the provision of
accommodations.
(4)
(a) With the exception of mileage, a meal,
and lodging, the hourly rate established in accordance with subsection (3) of
this section shall include:
1. Time on the
assignment; and
2. Reasonable time
traveling for the assignment.
(b) A cabinet program shall determine an
interpreter's time traveling as reasonable based on:
1. Mileage; and
2. Road and driving conditions on the date of
the interpreter's assignment.
(5) If an interpreter's assignment in a
cabinet program is less than two (2) hours, the cabinet program shall pay:
(a) Two (2) hours for the assignment;
or
(b) Less than two (2) hours in
accordance with the invoice submitted for the assignment.
(6)
(a) A
cabinet program shall pay an interpreter for the assignment in accordance with
the payment approved pursuant to subsection (1) of this section if:
1. A client does not appear for an
appointment or cancels an appointment with less than twenty-four (24) hours'
notice; or
2. The cabinet fails to
notify the interpreter of the cancellation twenty-four (24) hours or more in
advance of the appointment.
(b) The cabinet shall re-schedule an
appointment if:
1. A request to re-schedule is
received two (2) business days in advance of the appointment; or
2.
a. The
cabinet determines that staff of the cabinet program, the interpreter, or the
client is not at fault for failure to keep the appointment; and
b. The client requests re-scheduling of the
appointment.
(7)
(a) An
interpreter shall:
1. Document actual costs
of interpreting services to a cabinet program; and
2. Submit an invoice to the cabinet program
for verification and payment.
(b) For each assignment, an interpreter's
invoice shall contain the following:
1. The
purpose of the assignment, including the client's name or an identifier for the
client's case;
2. For each date of
the assignment, the:
a. Hours of the day
during which the interpreting services were provided;
b. Total number of hours of the interpreting
services;
c. Hourly rate for the
interpreting services;
d. Mileage
for the assignment; and
e. Rate per
mile in accordance with subsection (2) of this section;
3. The total cost for any lodging;
4. A grand total for all costs;
5. Contact information for an employee with
the cabinet program to verify:
a. The
provision of interpreting services; and
b. Costs approved in accordance with
subsection (1) of this section;
6. The interpreter's:
a. Name;
b. Social Security number or federal
identification number;
c. Contact
number;
d. E-mail address, if one
is available; and
e. Mailing
address;
7. The date of
the invoice; and
8. A number for
the invoice.
(c) If an
interpreter submits an invoice to a cabinet program that includes lodging, the
interpreter shall attach the original receipt from the lodging
establishment.
(8)
(a) Payment for interpreting services shall
be available to an interpreter who is not:
1.
A volunteer; or
2. An employee of a
cabinet program.
(b) An
employee of a cabinet program, who is utilized in accordance with Section 2(5)
of this administrative regulation, shall not receive payment for interpreting
services in addition to the employee's:
1. Pay
and employee benefits from the cabinet program; and
2. Reimbursement for travel in accordance
with 200 KAR 2:006.
Section 6. Complaints. If an individual is aggrieved by a cabinet program's provision of, or failure to provide, interpreting services in accordance with this administrative regulation, the individual may submit a:
(1) Grievance to the
KCDHH in accordance with 735 KAR 2:060; or
(2) Client Civil Rights complaint, if
discriminatory action by a cabinet program is alleged, to the:
(a) Office of Human Resource Management in
accordance with 920 KAR 1:090;
(b)
U.S. Department of Health and Human Services' Office for Civil
Rights;
(c) U.S. Department of
Agriculture's Office of the Assistant Secretary for Civil Rights;
(d) U.S. Department of Education's Office for
Civil Rights;
(e) U.S. Department
of Labor's Civil Rights Center;
(f)
U.S. Department of Justice's Civil Rights Division;
(g) Kentucky Commission on Human Rights;
or
(h) Another federal, state, or
local agency with jurisdiction over the cabinet program involved in the alleged
discrimination.
Section 7. Incorporation by Reference.
(1) The following material is incorporated by
reference:
(a) "CHFS-OHRM-EEO-2, Your Right to
Equally Effective Communication", March 2020; and
(b) "CHFS-OHRM-EEO-3, Waiver of Free
Interpreting Services", 2020.
(2) This material may be inspected, copied,
or obtained, subject to applicable copyright law, at the Cabinet for Health and
Family Services, Office of Human Resource Management, 275 East Main Street,
Frankfort, Kentucky 40621, Monday through Friday, 8 a.m. to 4:30 p.m.
STATUTORY AUTHORITY: KRS 12.290, 194A.050(1)
Disclaimer: These regulations may not be the most recent version. Kentucky may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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