Language Access FAQ

• There are millions of New Yorkers who do not speak English as their primary language and have limited ability to read, speak, write, or understand English. For these New Yorkers, their Limited English Proficiency (LEP) status presents potential barriers to accessing important government programs and services. Language access is the ability to communicate effectively to people with LEP, by providing linguistically and culturally appropriate language services.
• Language access includes interpretation (oral or visual communication) and translation (written communication) services for people with developmental disabilities, their family members or designees who have LEP. Language access and effective communication also applies to people who are deaf, hard-of-hearing or visually impaired.

• Under the New York State Language Access Law that took effect in 2022, NYS agencies that provide services or benefits to the public must:
  • Offer interpretation services to the person receiving services or benefits in their primary language, including American Sign Language (ASL).
  • Translate vital documents related to their services or benefits into the top 12 languages spoken by New Yorkers who don’t speak English very well.
  • Choose a Language Access Coordinator who will work with the Office of Language Access to make sure their agency is following the language access law.
  • Post their Language Access Plan on their agency’s website and update it every two years.
• The Office of Language Access (OLA) provides critical oversight and coordination across New York State agencies ensuring that the statewide law is implemented efficiently and effectively. For more information about your rights, and to download the Your Language Access Rights Brochure in your preferred language, please visit https://ogs.ny.gov/know-your-rights.

American Sign Language (ASL) is also considered a vital language.

• Yes, per the NYS Language Access Law, as a New York State agency, OPWDD is required to provide language access services for people with developmental disabilities, their family members, or designees with LEP in their primary language of choice.
• OPWDD is committed to ensuring language access for all people with LEP seeking and receiving services, including their family members, advocates, and guardians. It is a mission priority for OPWDD, through the Executive Office of Diversity, Equity, and Inclusion, to enhance and expand its language access program. This will assist with providing a better quality of life for people with development disabilities who have limited English proficiency, as well as people who use nonverbal forms of communication. Language access plays a key role in moving DEI priorities forward for OPWDD. By investing in language access, we will be able to incorporate best practices on Cultural and Linguistic Competence into everyday delivery of services

• Yes, as providers of OPWDD services, nonprofit service providers, Family Care providers and Care Coordination Organizations, are required to deliver language access services (interpretation and translation) to people with limited English proficiency, and/or persons who are deaf, hard-of-hearing or visually impaired. Being able to communicate effectively with the people we serve is extremely important, particularly when providing persons with developmental disabilities and their family members with meaningful access to programs, activities, and services.
• For more information about the language access responsibility of OPWDD providers please visit: https://opwdd.ny.gov/providers/language-access-information-providers.

• If you do not speak English or do not speak it well, or 
• If you speak English BUT prefer to receive care in your preferred language

• According to NYS law, all documents considered “vital” must be translated into at least the top 12 languages. The Language Access team views any OPWDD document that is needed for individuals and families to ensure fair and equal access to services as “vital”. Some examples of “vital” OPWDD documents include, but are not limited to:
  • Any document that requires an individual, family member or designee’s signature, such as an informed consent form.
  • Any document that provides key information about OPWDD supports and services.
  • Any behavioral/health information, including but not limited to eligibility, treatment plans, service plans, and/or goals.
• Visit the Translated Materials Library page under Language Access on our website to search for vital OPWDD documents in your preferred language. If you are unable to locate a specific OPWDD document or it is not currently available in a language you need, please contact [email protected].

• An individual has the right to waive their right to free interpretation in some circumstances. However, according to the law, for appointments related to health, legal issues (consent for services) and treatment of services, a qualified interpreter must be present. An individual’s guardian or family member can be present during such meeting, but OPWDD reserves the right to have an independent interpreter. Another factor to consider is if the person receiving services is fully competent to consent and can waive their rights to interpretation services.
• When a person chooses to waive their right to free interpretation, they must complete a “Waiver of Interpretation Services” form made available by agency staff.
• A person has the right to rescind their waiver form and request an interpreter. At that point, an interpreter must be provided.

It is the policy of New York State for covered agencies to provide language access services for public services and programs. If you or someone you know feel that you have not been provided with adequate language access services, including translation or interpretation, please fill out the language access complaint form online or email [email protected]

For information or questions regarding language access at OPWDD, please contact Sofia Guerrero, Statewide Language Access Coordinator via email at [email protected].