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 provision of linguistically and culturally appropriate language services for our LEP population accessing public state services.

Language access includes interpretation (oral or visual communication) and translation (written communication) services for people with developmental disabilities, family members or designees who have limited English proficiency. Language access and effective communication also applies to those who are deaf, hard-of-hearing or visually impaired.

As a provider of OPWDD services, you 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

OPWDD provides free telephonic interpretation services for providers through the agency’s contracted vendor; see below (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 LEP individual, their family member or designee, and/or as required based on the individual’s communication needs.  

Translation

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

We do not translate documents produced by providers. 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] 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 and reviewed, you will be sent, via email, the access code and instructions to use the OPWDD contracted vendor, Language Services Associates (LSA), for telephonic interpretation services. Please note that this service should only be used for meetings lasting 30 minutes or less.

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

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 Proficient (LEP) status presents potential barriers to accessing important government programs and services. The new 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 LEP New Yorkers based on Census data.

Over 5.7 million people living in New York report speaking a language other than English. Of these, 2.5 million report speaking English less than well. Based on the 2020 American Community Survey, the top 12 most common languages among Limited English Proficient New Yorkers are:

• Spanish
• Chinese
• Russian
• Yiddish
• Bengali
• Korean
• Haitian Creole
• Italian
• Arabic
• Polish
• French
• Urdu

*Source: U.S. Census Bureau, Table B16001, 2020 5-year estimate. American Community Survey