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HB 5097

Require hospitals with no ASL interpreter on staff provide technology for hearing or speech impaired patients to communicate

2026 Regular Session Introduced by Jeff Campbell and 8 co-sponsors

Hospitals without on-staff ASL interpreters must provide real-time tech-enabled communication options to ensure Deaf, hard-of-hearing, and speech-impaired patients can understand c

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Bill Summary · HB 5097

Summary of HB 5097 (2026, West Virginia)

Purpose and intent

HB 5097 would require certain hospitals to provide communications technology to assist patients who are deaf or hard of hearing or have speech impairment when the hospital does not have an American Sign Language (ASL) interpreter staff member available. The bill aims to ensure effective, real-time communication between patients with communication barriers and healthcare providers, thereby improving patient safety, quality of care, and informed consent.

Key provisions and changes

  • Scope: Applies to hospitals that do not have an ASL interpreter on staff.
  • Required accommodations: Hospitals must provide technology-enabled communication options for patients who are hearing-impaired, deaf, or speech-impaired. Potential technologies may include, but are not limited to:
    • Video remote interpreting (VRI) services
    • Real-time captioning
    • TEXT/TTY or other assistive communication devices
    • Translation/interpretation software accessible to staff and patients
  • Accessibility of services: The technology provided must enable clear, real-time or near-immediate two-way communication between patients and healthcare providers regarding diagnosis, treatment options, consent, procedures, medication instructions, and discharge planning.
  • Staff training and awareness: Hospitals may be required to establish protocols to ensure staff can operate the provided technology and recognize when an interpreter is needed. This could include staff education on how to request and utilize the technology effectively.
  • Verification and monitoring: Hospitals might need to maintain records demonstrating availability and use of the technology for relevant patient encounters and may be subject to periodic review or audit to ensure compliance.
  • Compliance timeline: The bill would set a deadline by which non-compliant hospitals must implement the required technology and processes. It may also specify interim compliance standards or phased implementation depending on hospital size or resources.
  • Enforcement and penalties: The measure could authorize a state agency or department to enforce compliance, with potential penalties for noncompliance. Penalties could range from administrative fines to corrective action plans, depending on the severity and duration of noncompliance.
  • Funding considerations: The bill may authorize or request funding mechanisms, including state dollars or grants, to assist hospitals in acquiring and maintaining communication technology, particularly for smaller facilities with limited resources.

Who would be affected

  • Hospitals without on-staff ASL interpreters: Primary entities required to provide the specified communication technology.
  • Patients with communication needs: Deaf, hard-of-hearing, and speech-impaired patients would gain improved access to information, informed consent, and participation in care decisions.
  • Hospital staff: Clinicians and administrative staff would need to learn to use the new technology and adjust workflows to ensure timely interpretation services.
  • State regulatory bodies: Agencies responsible for enforcement, reporting, and compliance monitoring would oversee implementation.

Procedural and timeline aspects

  • The bill will outline effective dates and any transitional periods for hospitals to come into compliance.
  • It may specify reporting requirements, including annual or periodic compliance data submitted by hospitals.
  • There could be provisions for waivers or exemptions under specific circumstances, such as temporary staffing shortages or extraordinary events.
  • The bill may reference existing state or federal disability rights frameworks (e.g., ensuring parity with accommodations required by laws protecting individuals with disabilities).

Potential impact and considerations

  • Equity in care: Strengthens access to medical information and consent for patients with communication barriers.
  • Operational changes: Hospitals may incur upfront costs for equipment and ongoing subscription or service fees for interpretation technologies.
  • Quality and safety: Clear, timely communication reduces the risk of misdiagnosis, medication errors, and consent issues.
  • Implementation challenges: Smaller facilities may need scalable solutions or state support to meet requirements within the timeline.

If you’d like, I can tailor this summary to emphasize specific stakeholders (patients, administrators, clinicians) or compare it to existing WV accessibility or hospital interpreter requirements.

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

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