Language Access Information for Providers

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.

To ensure that people with developmental disabilities, their family members or designees with LEP successfully receive the supports and services that they are seeking, OPWDD providers must offer interpretation (oral or visual communication) and translation (written communication) services. Language access and effective communication also applies to those who are deaf, hard-of-hearing or visually impaired.

The top 12 languages most commonly spoken in New York, besides English, are: 

1) Title VI of the Civil Rights Law

"No person in the United States shall, on ground of race, color, or national origin, be excluded from participation in, or be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance."

2) Patient Protection and Affordable Care Act, Section 1557

Provides that no person shall be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any health program or activity receiving Federal financial assistance on the grounds of race, color, national origin, gender, or age as prohibited under Title VI of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, the Age Discrimination Act of 1975 or Section 4 of the Rehabilitation Act of 1973.

3) New York State 14 CRR 633.4

Requires that licensed facilities make free, competent interpreter services available to service recipients in a timely fashion; that necessary steps be taken to provide information in appropriate languages; and that plans of treatment or services be developed for LEP individuals.

4) New York State Language Access Law

The NYS language access law, which took effect on July 1, 2022, codified and expanded New York’s previous language access policy. Under the language access law, all State agencies that interact with the public must provide interpretation services in any language with respect to the provision of agency services or benefits and must translate vital agency documents into the top 12 most commonly spoken non-English languages among people with limited English proficiency in New York based on Census data. Governor Hochul established the New York State Office of Language Access (OLA), within the New York State Office of General Services (OGS), in October 2022. OLA ensures the efficient and effective implementation of the language access law by providing critical oversight and coordination across State agencies.

As a provider 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 you serve is extremely important, particularly when providing persons with developmental disabilities and their family members with meaningful access to your programs, activities and services.

Interpretation (Oral & Visual Communication)

OPWDD provides free telephonic interpretation services for providers through the agency’s contracted vendor; see the next section  (Telephonic Interpretation Through OPWDD) for more information and instructions.

It is your responsibility as a service provider to arrange other means of interpretation (in-person, video-remote) when requested by the person with LEP, their family member or designee, and/or as required based on the individual’s communication needs.  

Translation (Written Communication)

OPWDD translates vital documents that are issued by/belong to OPWDD into the top 12 non-English languages spoken in NYS (and other languages based on request). Vital OPWDD documents include:

• Any OPWDD document that requires an individual, family member or designee’s signature, such as an informed consent form
• Any OPWDD document that provides key information about OPWDD supports and services
• Any behavioral/health information issued by OPWDD, including but not limited to: eligibility, treatment plans, service plans, and/or goals

OPWDD is not responsible for translating documents produced by providers. If you have an OPWDD document that needs translation, please check our Translated Materials Library or contact [email protected] with requests.  

OPWDD provides free telephonic interpretation services for its providers.

To access this service, you/your agency will first need to submit a completed and signed Attestation Form to OPWDD’s Language Access unit for review. 

Please email your completed Attestation Form to: [email protected]

Once your completed form is received, our team will review it and send you, via email, the access code and instructions to use the OPWDD contracted vendor for telephone interpretation services.

Please note that OPWDD policy requires staff and service providers to deliver language assistance to people with limited English proficiency (LEP), and/or persons who are deaf or hard-of-hearing. 

For further questions please contact Sofia Guerrero, OPWDD Statewide Language Access Coordinator via email at [email protected]. 

For questions or additional assistance with language access resources for providers, please contact Sofia Guerrero, OPWDD Statewide Language Access Coordinator via email at [email protected].

Telephone Interpretation Instructions for Providers

Language Access Provider Attestation Form

OPWDD Translated Materials Library

OPWDD Language Access Plan

Office of Language Access Resources

For questions or additional assistance with language access resources, please contact Sofia Guerrero, OPWDD Statewide Language Access Coordinator, via email at [email protected]

If your agency is interested in attending a Language Access training, please contact [email protected]

If you have an OPWDD document that has not been translated, or that you need in a language aside from the top 12, please contact: [email protected]

For complaints related to language access services, please email us at [email protected]