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HD 3498

An Act relative to patient access to certain health care services

194th Legislature (2025-2026) Introduced by John Lawn

Requires health facilities to provide competent interpreter services for non-English speakers and allows private legal action for violations.

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Bill Summary · HD 3498

Summary: An Act relative to patient access to certain health care services (House Docket No. 3498)

Overview

HD 3498, introduced in the 2025-2026 Massachusetts General Court, would amend Chapter 111 to strengthen access to health care for non-English speakers by requiring competent interpreter services at health care facilities. The bill defines terms, establishes a standard of care for interpreter services, adds licensing requirements, and creates private remedies for non-compliance.

Purpose and intent

  • Improve equitable access to health care for non-English speakers by ensuring access to competent interpretation during emergency care and treatment.
  • Establish clear standards for interpreter services and provide enforcement mechanisms to ensure facilities meet those standards.
  • Clarify that using interpreter services is not treated as a receipt of a public benefit for immigration-status purposes.

Key provisions

Definitions (Section 25J(a))

  • Non-English speaker: person who cannot speak/understand English or who has difficulty with English, using a language other than English.
  • Competent interpreter services: interpretation by someone fluent in English and the non-English language, trained in interpreting ethics and skilled in the medical terms and concepts needed.

Obligations of health care facilities (Section 25J(b))

  • All health care facilities must provide competent interpreter services for every non-English-speaking patient or person seeking care.
  • Facilities must use reasonable judgment on how to meet demand, including:
    • Employing or contracting interpreters for on-call needs, or
    • Utilizing competent telephonic or televiewing interpreter services.
  • Telephonic/televiewing interpretation is allowed only when: 1) there is no reasonable way to anticipate need for interpreters in advance, or 2) an employed/contracted interpreter is unavailable in a given instance.

Public benefit (Section 25J(c))

  • Receipt of interpreter services by a non-English speaker is not considered a “public benefit” under benefits/immigration restrictions.

Licensing and regulation (Section 25J(d))

  • Substantial compliance with interpreter service requirements is a condition of licensure or relicensing by the Department (under section 51).
  • The Department may issue regulations to implement the section.

Enforcement and remedies (Section 25J(e))

  • A non-English speaker denied appropriate services due to inadequate interpreter provision may bring suit in Superior Court for declaratory or injunctive relief.
  • The plaintiff may seek damages for actual harm, with a minimum of $250 per violation, plus costs and attorney/expert fees.
  • No administrative remedies exhaustion is required.
  • Actions must be filed within three years of the violation.

Who is affected

  • Health care facilities (as defined for licensing purposes) in Massachusetts.
  • Non-English-speaking patients and prospective patients seeking emergency care or treatment.

Procedural and timeline aspects

  • The bill would be implemented through licensing/relicensing processes overseen by the Department of Public Health, with potential regulations to detail implementation.
  • Private lawsuits provide a civil enforcement mechanism, with a three-year statute of limitations for violations.

Potential impact

  • Enhanced access to medical interpretation across emergency and acute-care settings.
  • Increased operational considerations and costs for facilities to ensure interpreters are available (in-person, on-call, or tele-interpretation).
  • Legal accountability for facilities failing to provide competent interpretation services.

Compiled from official sources — confirm details with the bill’s official record.

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