SCR 63: REQUESTING THE DISABILITY AND COMMUNICATION ACCESS BOARD TO STUDY the COMMUNICATION NEEDS OF INDIVIDUALS WHO ARE DEAF, HARD OF HEARING, OR DEAF-BLIND in health care settings and make necessary revisions to the guidance for health care providers.

SENATE CONCURRENT

RESOLUTION

REQUESTING THE DISABILITY AND COMMUNICATION ACCESS BOARD TO STUDY the COMMUNICATION NEEDS OF INDIVIDUALS WHO ARE DEAF, HARD OF HEARING, OR DEAF-BLIND in health care settings and make necessary revisions to the guidance for health care providers.

     WHEREAS, Title III of the Americans with Disabilities Act of 1990 (42 U.S.C section 12181 et. seq. (1990)) requires health care facilities to communicate effectively with people having communication disabilities; and

     WHEREAS, Chapter 489, Hawaii Revised Statutes, prohibits discrimination on the basis of disability in places of public accommodation, including health care facilities; and

     WHEREAS, health care providers have a duty to provide auxiliary aids and services, including qualified sign language interpreters, to patients who are deaf, hard of hearing, or deaf-blind in order to promote effective communication; and

     WHEREAS, before deciding what type of auxiliary aid or service is necessary for effective communication, health care providers must give primary consideration to the patient's preference; and

     WHEREAS, a health care provider may allow an adult accompanying a deaf, hard of hearing, or deaf-blind patient to interpret only in limited cases involving an imminent threat and upon agreement of all parties; and

     WHEREAS, a health care provider may not rely on an accompanying adult to interpret if there is reason to doubt the person's impartiality or effectiveness; and

     WHEREAS, each patient who is deaf, hard of hearing, or deaf-blind has different needs and preferences regarding the desired profile of interpreters, the sign language used, and the specific services interpreters can provide, including American Sign Language and tactile interpretation; and

     WHEREAS, the Disability and Communication Access Board has published an informational flyer, Guidance for Healthcare Providers in Ensuring Effective Communication; and

     WHEREAS, Hawaii suffers from a shortage of qualified sign language interpreters; and

     WHEREAS, given the limited availability of qualified interpreters and the variety of required and preferred interpretation services, additional guidance is needed to assist health care providers in communicating effectively with deaf, hard of hearing, and deaf-blind patients; and

     WHEREAS, patients who are deaf, hard of hearing, or deaf‑blind may have additional communication needs while hospitalized or receiving inpatient care in skilled nursing facilities; now, therefore,

     BE IT RESOLVED by the Senate of the Thirty-third Legislature of the State of Hawaii, Regular Session of 2026, the House of Representatives concurring, that the Disability and Communication Access Board is requested to study the communication needs of individuals who are deaf, hard of hearing, or deaf-blind in health care settings; and

     BE IT FURTHER RESOLVED that the study is requested to include consideration of:

     (1)  The availability of sign language interpreters, tactile interpreters, and other services and auxiliary aids that serve the needs of deaf, hard of hearing, and deaf-blind communities in the State;

     (2)  The range of preferences of deaf, hard of hearing, or deaf-blind patients;

     (3)  Any special communication needs of deaf, hard of hearing, or deaf-blind patients who are hospitalized or receiving inpatient care in skilled nursing facilities; and

     (4)  The legal duty for health care providers to provide auxiliary aids and services, including qualified sign language interpreters, to patients who are deaf, hard of hearing, or deaf-blind in order to promote effective communication; and

     BE IT FURTHER RESOLVED that, based on the study's findings, the Disability and Communication Access Board is requested to make any necessary revisions to the current guidance for health care providers to ensure effective communication that better addresses the needs of deaf, hard of hearing, or deaf‑blind individuals in health care settings; and

     BE IT FURTHER RESOLVED that the Disability and Communication Access Board is requested to submit a report of its findings and recommendations, including any proposed legislation, to the Legislature no later than twenty days prior to the convening of the Regular Session of 2027; and

     BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Director of Health and all members of the Disability and Communication Access Board.

Report Title:

Department of Health; Disability and Communication Access Board; Deaf; Hard of Hearing; Deaf-Blind; Americans with Disabilities Act; Effective Communication

SENATE CONCURRENT

RESOLUTION

REQUESTING THE DISABILITY AND COMMUNICATION ACCESS BOARD TO STUDY the HEALTH CARE SETTING COMMUNICATION NEEDS OF, AND DEVELOP GUIDELINES FOR, INDIVIDUALS WHO ARE DEAF, HARD OF HEARING, OR DEAF-BLIND.

     WHEREAS, the Title III of the Americans with Disabilities Act of 1990 (42 USC section 12101 et. seq. (1990)) requires healthcare facilities to communicate effectively with people having communication disabilities; and

     WHEREAS, Chapter 489, Hawaii Revised Statutes, prohibits discrimination on the basis of disability in places of public accommodation, including healthcare facilities; and

     WHEREAS, healthcare providers have a duty to provide auxiliary aids and services, including qualified sign language interpreters, to patients who are deaf, hard of hearing, or deaf-blind in order to promote effective communication; and

     WHEREAS, before deciding what type of auxiliary aid or service is necessary for effective communication, healthcare providers must give primary consideration to the patient's preference; and

     WHEREAS, a healthcare provider may allow an adult accompanying a deaf, hard of hearing, or deaf-blind patient to interpret only in limited cases involving an imminent threat and upon agreement of all parties; and

     WHEREAS, a healthcare provider may not rely on an accompanying adult to interpret if there is reason to doubt the person's impartiality or effectiveness; and

     WHEREAS, each patient who is deaf, hard of hearing, or deaf-blind has different needs and preferences regarding the desired profile of the interpreters, the sign language used, and the specific services interpreters can provide, including American Sign Language and tactile interpretation; and

     WHEREAS, the Disability and Communication Access Board has published an informational flyer, "Guidance for Healthcare Providers in Ensuring Effective Communication"; and

     WHEREAS, Hawaii suffers from a shortage of qualified sign language interpreters; and

     WHEREAS, given the limited availability of qualified interpreters and the variety of required and preferred interpretation services additional guidance is needed to assist healthcare providers in communicating effectively with deaf, hard of hearing, and deaf-blind patients; and

     WHEREAS, patients who are deaf, hard of hearing, or deaf‑blind may have additional communication needs while hospitalized or receiving in-patient care in skilled nursing facilities; now, therefore,

     BE IT RESOLVED by the Senate of the Thirty-third Legislature of the State of Hawaii, Regular Session of 2026, the House of Representatives concurring, that the Disability and Communication Access Board is requested to conduct a study of the communication needs of deaf, hard of hearing, or deaf-blind individuals in health care settings; and

     BE IT FURTHER RESOLVED that the study is requested to include consideration of:

     (1)  The availability of sign language interpreters, tactile interpreters, and other services and auxiliary aids that serve the needs of deaf, hard of hearing, and deaf-blind communities in the State;

     (2)  The range of preferences of deaf, hard of hearing, or deaf-blind patients;

     (3)  Any special communication needs of deaf, hard of hearing, or deaf-blind patients who are hospitalized or receiving in-patient care in skilled nursing facilities; and

     (4)  The legal duty for health care providers to provide auxiliary aids and services, including qualified sign language interpreters, to patients who are deaf, hard of hearing, or deaf-blind in order to promote effective communication; and

     BE IT FURTHER RESOLVED that, based on the study's findings, the Disability and Communication Access Board is requested to make any necessary revisions to the current guidance for healthcare providers to ensure effective communication that better addresses the needs of deaf, hard of hearing, or deaf‑blind individuals in healthcare settings; and

     BE IT FURTHER RESOLVED that the Disability and Communication Access Board is requested to submit a report of its findings and recommendations, including any proposed legislation, to the Legislature no later than twenty days prior to the convening of the Regular Session of 2027; and

     BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to Director of Health and all members of the Disability and Communication Access Board.

Report Title:

Department of Health; Disability and Communication Access Board; Deaf; Hard of Hearing; Deaf-Blind; Americans with Disabilities Act; Effective Communication