Limited English-Speaking Caregivers

Many cultures around the world place a higher value on the care of the elderly than in the US, though it is desperately needed here, so it is not surprising that the health care profession here is very diverse.Washington does not require a caregiver to have mastery of the English language, but to “[u]understand and speak English well enough to: (i) Respond appropriately to emergency situations; and (ii) Read, understand, and implement resident negotiated care plans.” A lack of comprehension by a caregiver in the hearing process does not reflect on one’s professional abilities. One should err on the side of requesting an interpreter to interpret Orders, prehearing conferences, and the hearing itself, rather than risk a procedural misstep or to inadvertently answer wrongly because one is reluctant to ask for help or thinks it will negatively reflect on one’s ability to provide care.A “‘Limited English-speaking (LES) person’ means a person who, because of non-English speaking cultural background or disability, cannot readily speak or understand the English language.” You automatically have a right to an interpreter via OHA in the hearing process if you or any of your witnesses are a person with limited English proficiency, at no cost to you.The WAC addresses the “requirements that apply to notices for limited English-speaking parties” and provides that, “If OAH [Office of Administrative Hearings] is notified that you are a limited English-speaking person, all hearing notices, decision and orders for you must: 1) Be written in your primary language; or 2) Include a statement in your primary language: Indicating the importance of the notice and telling you how to get help in understanding the notice and responding to it.” You have nothing to lose in notifying OAH that you are a limited English-speaking person if it applies. As a practical matter, you can have the interpreter stand by to assist you if you do not understand a complicated question posed, and you do not have to use the interpreter to translate every question and answer, provided the other side does not object—use the interpreter as a safety net!Appellants are entitled to receive a qualified interpreter who is impartial and who can accurately interpret all communication for the limited English-speaking party. The ALJ and the parties all have an opportunity to question the interpreter to make sure that the interpreter is qualified and impartial. “If at any time before or during the hearing the interpreter does not provide accurate and effective communication, the ALJ must provide another interpreter.”Ultimately, you can waive interpreter services, so you may want to first request them out of an abundance of caution to test how well you can navigate the hearing process. If you choose to waive the services, you must do so either in writing or through a qualified interpreter on the record, at any time before or during the hearing. The ALJ must determine if your waiver has been knowingly and voluntarily made. This is a small price to pay to cautiously protect yourself.If you are limited English-speaking and would have preferred to read this post in your primary language, certainly request an interpreter for you OAH hearing!WAC 388-76-10135(3)(b)WAC 388-02-0125WAC 388-02-0120WAC 388-02-0130WAC 388-02-0135WAC 388-02-0135(6)WAC 388-02-0140