Brokers System

2010-07-20T21:18:00.001-07:00

NOTE: Following is a collection of Luis DeJuesus Articles posted on

We invited you to join Interpreter Forum.

For additional information visit:

http://groups.google.com/group/interpreter-forum

YOU CAN VIEW ALL POSTED COMMENTS AT THE BOTTOM OF THIS PAGE

INTERPRETERS - DSHS PUBLIC FORUM

The brokerage was not set up to have a third party taking a part of the pie. The intent of the brokerage was to have control over the appointment scheduling process by a technically capable disinterested third party, which is not profiting from setting up the appointments. The broker is, by definition, not a provider of service, they just arrange for service”

Tim Roth DSHS Interpreter Services Program Manager.

LuisPR

May 26, 2010

CAREFUL, THE UNION JUST WANTS TO TAKE YOUR MONEY…

That’s just one of the fabrications and deceiving tactics being spread around to discourage Interpreters form forming OUR OWN UNION.

The rumor goes as follows…

If you join the Interpreters United-AFCSME and vote to form a UNION, they are going to require you to pay initiation fees and high monthly union dues/ premiums. That is a BIG FAT LIE.

Once we elect OUR own union, WE (interpreters members ONLY) NOT DSHS, NOT the Broker, NOR ANY Interpreters Agency will decide OUR UNION dues, rules and regulations. OUR UNION dues amount will be determine by US, the UNION members. Interpreters United-AFCSME is NOT going to charge ANY initiation fees. Besides, in case you didn’t know, union dues ARE TAX DEDUCTIBLE as an allowable business expense.

We (Interpreters United-AFCSME) are proposing a MAXIMUM PRORATED union dues amount of $25.00 PER MONTH.

What does that means?

Example...

If you work between; 121hour to 160 hour per month, you’ll pay $25.00 in union dues.

If you work between; 81 hours to 120 hour per month, you’ll pay $18.75 in union dues.

If you work between; 21 hours to 80 hours per month, you’ll pay $12.50 in union dues.

If you work between; 1 hour to 20 hours per month, you’ll pay $6.25 in union dues. If you don't get any assignments on a particular month, you pay NOTHING AT ALL for that month.

Now, keep in mind your union dues are tax deductible as a business expense; you pay to your OWN UNION to represent YOU and to watch that DSHS, the Brokers, and the Agencies treat YOU fairly, with respect and to make them pay YOU in a timely manner, not 90 days after you completed your work assignment. Is that simple!

SO, DON’T LET THEM FOOL YOU!

They just want you to continue working under the current Broken-Broker/Agency System to continue sucking your life off of you.

Luis DeJesus

Certified Medical and Social Services Interpreter - Spanish

Inkyung Yoo

May 26,2010

Hi, my name is Janice and I'm currently working as a certified medical interpreter.

Since most of us- or is it all of us- interpreters are currently working with subcontracted agencies, I'm curious what will happen to current agency system when broker system gets 'broken' after our union is formed.

With our union, we expect our pay rate to increase since brokers won't be there to take their portion of money, but what about agencies? Would all of us be working independently without being subcontracted with agencies or would we still be working with them? And since we've already signed contract with agencies, how is our new pay rate going to increase?

I'm still kind of confused about this whole union topic...

Please help me understand this matter more clearly as to how things are might change once our union is set up.

Thanks!

Janice

Milena Waldron

May 26, 2010

ESSB 6726 signed by the governor on April 1, 2010, grants interpreters doing appointments paid by DSHS the right to unionize as independent contractors. It does not say anything specifically about how the payment of such services may occur. It only grants the right to unionize. Period.

If a union is formed interpreters, then union members, will sit at the negotiating table with DSHS and agree on a contract regarding pay rates, working conditions, benefits and maybe payment models. Whether or not agencies and/or brokers will be part of the future DSHS payment model remains to be seen. Currently the OFM (Office of Financial Management) is

exploring different payment models already in existence for other governmental agencies. I don't know whether DSHS is also doing some soul searching regarding payment models.

Some facts are undisputed. The current brokerage system is wasteful, inefficient, provides low interpreting quality and pays interpreters extremely low rates. The Governor instructed the OFM and the DSHS to come up with some changes. What those changes will be remains unknown.

It might be helpful for you to read past Interpreter Forum postings so that you can understand the whole story. I know it is time consuming but the postings might prove to be very informative.

Milena

Barry Fatland

May 26, 2010

Janice,

I would just add to Milena's response that we, as interpreters, do not need a 'middleman' to arrange appointments through the DSHS. As a union of medical interpreters, we should negotiate directly with the DSHS. There is no need to go through a broker nor a language agency. The state already deals directly with court interpreters and L&I interpreters. The technology exists to do this.

Then, for jobs that are not for DSHS patients or have nothing to do with the medical field at all, there is still a role for the language agencies to play. If someone needs to arrange a home loan at a bank or purchase a car and needs an interpreter, I can see how a language agency would fit in. They would connect a customer with an interpreter.

Our pay rate, when we have our union and win a contract that we negotiate directly with the DSHS, should roughly double. We should get travel expenses which the DSHS currently pays to the brokers or agencies that we rarely receive. We should be able to improve our living conditions significantly, to the benefit of most medical interpreters, by uniting in Interpreters United.

Without a union we would continue to be at the mercy of those who refuse to pay us in a timely fashion, who don't consistently pay us for assignments that are cancelled at the last minute or that don't last the 4 hours that they've asked us to set aside for them exclusively, causing us to miss out on other assignments and income.

And it must and will be a union of, by, and for interpreters. We need to unite to improve our profession, including our own ongoing training and be a part of the solution for expanding language access to those who need it.

Please keep asking any and all questions that you have. Many different people will be able to offer a range of opinions as to what this will mean for us all.

Sincerely,

Barry Fatland

DSHS certified medical interpreter, Spanish

Barry Fatland

May 26, 2010

Janice,

Please keep asking any and all questions that you have. Many different people will be able to offer a range of opinions as to what this will mean for us all.

Sincerely,

Barry Fatland

DSHS certified medical interpreter, Spanish

Maria Carr

May 26, 2010

I have been a WA State certified interpreter since 1997. I have worked fro agencies before and after the broker system. I remember when the state contracted directly with interpreters as well. Unfortunately, I must say that the progression by the state that has led to the current broker system was fueled in large part by the fraudulent practices of too many interpreters and some agencies. The broker system was an attempt to cut back on the fraud and unethical behaviors that were occurring. I have worked for a hospital where I have managed interpreter services and I am sorry to say that I have encountered some of these behaviors myself. It makes me very angry because these "interpreters" give us all a bad name and prey on the vulnerable LEP clients that rely on our services for their health care.

I know and believe that the majority of interpreters are very professional and ethical but we need to open our eyes to those that aren't. We need to change ourselves if we want to be able to command respect from those that employ us.

I am not convinced that a union will really benefit the working interpreters. I also know that Interpreters United does not represent all interpreters. I only hope that they will be respectful of us who may not agree with them. A healthy debate is good but respect for all should be a basic requirement. Will there be room at the table and jobs for interpreters who do not believe in unions? Will unions require that their members follow the Code of Ethics and Standards of Practice? Will they require members to pursue continuing education?

I think that all interpreters should educate themselves about all the issues and problems with regard to interpreter services in this state. We should not rely solely on one point of view and one source of information. If we care about our profession and those that rely on us we should listen to all sides and perspectives before forming an opinion. It isn't and shouldn't be all about money.

I am one who would like to point out that agencies have done a lot for interpreters. I do not think that the bashing they have been receiving is fair or justified. There are may costs involved in maintaining a business and staff to dispatch the assignments and to process the bills. Billing any government agency whether for interpreter services, medical care or most

anything is a complicated and many times frustrating process. In addition, most reputable agencies carry the Errors and Omissions insurance to cover the interpreters that work for them. If an interpreter does not work for one of those agencies they should carry their own insurance. Many interpreters would not have their certification if it were not for the efforts and help of an agency.

For those that are wondering, no I do not own an agency. I am however grateful to the agencies that gave me my start, and the experience to be able to continue and progress in this profession.

Maria

Eugene Tong

May 26, 2010

Hi: I attended the AFSCME/WFSE meeting on Tuesday, May 25, and being a new comer, I thought I got a much better idea about this weird situation facing all interpreters working in the DSHS (Dept of Social & Health Services) system. It was shown that for each hour of interpreting service, the DSHS pays $59, and it is divided in the following way:

Brokers get ..............$ 8.00

(15.3%)

Agencies get.............$16.90 (32.4%)

Interpreter gets.........$27.30 (52.3%)

Mileage.....................$ 6.80

I don't know how it got so messy and crazy, but that smells like Wall Street to me. Before retirement, I had two careers, in both I had worked on the management side. But I have never seen such a ridiculous situation, and I was told that Washington is the only state that has this double-siphon sucker, and I was wondering why you interpreters have tolerated it so long, and why you had allowed the state to remain to asinine, and for so long.

Now there appears to be light on the horizon for a union to effectively negotiate and bargain for the lot of DSHS interpreters. The union is the way to go, and it will, I hope, be wisely advised by the membership to get rid of the blood suckers in the middle. Now my simple reasoning is that the successful union will

(1) rid the brokers and the agencies and save $24.90; and

(2) I suggest, split the money between the linguists and the DSHS equally so that the interpreter will make $39.75, and the taxpayers will save $12.45 (the total should be millions when multiplied by the total interpreter hours spent).

Since Governor Gregoire signed the law to empower the interpreters to form a union, we must take that opportunity to break this ridiculousness and bring the state back to sanity. I was told that June 15 is critical and we are urged to participate in a phone calling activity at

444 Ravenna Blvd, Seattle, from 9 to 9.

Come for an hour or for a day, if you like, but come and help. For questions, I would call Megan Parke at 340-951-1819 or at meg...@wfse.org. (Washington Federation of State Employees).

Gene

Marta Reyes

May 27, 2010

Wow! You are all so lucky to be paid so generously. All of us over here in Eastern Washington only wish they could get that much per hour. Is that really what the agencies get?

Now, as the owner of an agency in Spokane we are left with about 18% after the interpreters get their 38% and the broker gets their 42%. These figures appear to be quite different from those stated below!

The interpreters in our area prefer to work with an agency.

Marta Reyes

Spokane International Translation & Perciba, Inc.

502 E. 3rd Avenue

Spokane, WA 99202

509-327-8064 / 509-230-7741

1-877-737-2422

Marta Reyes

May 27, 2010

Not all agencies are alike. We have a formidable reputation and are very proud of it!

Marta

Spokane International Translation & Perciba, Inc

Olyleroy

May 27, 2010

I would like to bring a little perspective to our discussion since there seems to be some uneasy feelings, or anxiety or even anxiousness about the effort in which we are engaged.

As we all know, the broker system was put in place rather hastily, regardless of the reasons put forth by different parties as to the need. We believe as interpreters, (and rightly so in my opinion) that it is functioning to our detriment, for several reasons. But from the perspective of the brokers, they feel that they are just doing their jobs as best they can, and from the agencies' perspective they cannot seem to please either of their clients (brokers or interpreters). The state, whether it be an administration or the Department, has pretty much ignored or tolerated the need for, and the existence of, interpreters services.

If we look at it from an objective, outside perspective, the system is obviously dysfunctional. So, if we were management consultants, what would we recommend?

First, I would look at the end-user needs: what are those needs and how do we get them met efficiently?

Next, who can deliver them efficiently and at the highest level possible within our budget? How do we determine that those requirements can be met? Finally, who will administer the "new" system, whatever that may be, on an ongoing basis?

In our effort to organize as interpreters, we have basically pointed out the dysfunction and the need for the system to become more efficient, but having pointed it out to the legislature and the governor, we have presented them with a problem to resolve (Much like

the stockholders revolting and demanding of the management team that a corporation be streamlined and increase returns or dividends, without presenting any plan to do so).

So, as that consultant tasked with the responsibility of developing a strategy what would you do? Here is a little of what would take place:

Thorough examination/identification of the roles and tasks of each participant in the program (requesting party of language services/facilitators of those services(#1 brokers-#2 agencies-#3 interpreters)/payors or documentors for those services);

Evaluation of the effectiveness of the participants in their respective roles, which must determine the necessity of that role going forward;

Proposal of replacement systems Limited implementation of proposed replacement systems to test effectiveness.

Finally, acceptance and implementation of the most effective replacement system.

All we have done to this point is to make our frustration with the current system known to all those parties having a part in the system.

We have done so quite successfully. (There is obviously a lot still to do to just be able to sit at the table to negotiate a change for US. We haven't even begun dealing with the system yet.) But to transform this work in which we are engaged from having been viewed as a part-time, second job for bilinguals, or a fill-in job after we've been laid off, or "I- don't-know-what-else-to-do - Hey-I'll-be-an-interpreter!-that's-easy!-job, or a summer job for college students who studied abroad for a semester, to a legitimate PROFESSION, we also MUST look at ourselves and take all of this very seriously and our own development. For the most part, there are not very many who are professionally trained interpreters or that have university degrees of any type. Not that this is bad, but for this to be a recognized profession, there must be a high standard of competence, and that includes proper training to reach that level. I know that I am stating what is obvious to most if not all. I have been quite frustrated on several levels with the administration of the program, and finally just got fed up with the inefficiencies and decided we needed to make a change. Well, we are going to do that. But remember that we have only succeeded in opening Pandora's box, so to speak, and we have more to do. But, if, as a union should, we spread that work among many, we will be successful and it will be light work.

As to your question about the agency system: see above! (I don't think we're gonna have a big change starting next Monday......) thanks for your patience and indulgence. I hope I haven't bored you all too much. Everyone have a happy and memorable Memorial Day. and

thank those who have gone before and those who have sacrificed for our freedom. FIGHT ON.

Leroy

Elwin Wirkala

May 27, 2010

My two cents...

I rather occasionally interpret and translate Portuguese and Spanish. What I'd like to say is that I believe both unions and agencies are important and vital. I'm a thankfully former business owner who has plenty of respect and even awe for those who deal with business efficiently, pay those fixed costs which come so unrelentingly every month, create relationships, manage personnel, troll for jobs, deal with all the record-keeping and payments and taxes and anxieties and so on and on and on.

And, of course, without the work of unions we'd all be making what...30 cents an hour?

Hurray for both.

Elwin

Eugene Tong

May 27, 2010

All:

I suppose, from reading some of your comments and opinions, there is a place for agencies in this language business. I hereby take back part of my bad comments about them. Three questions:

1. Why can't the broker and the agency be the same person/organization?

2. Why is there an apparent truth that interpreters and translators must be

connected with an agent to get any work?

3. Is there an equivalent way where the linguist can get exposed to the

marketplace?

Yours, Gene the aged rookie

Inkyung Yoo

May 27, 2010

So my question is... if we were to work all independently without any help from agencies, do you think hospitals, schools, etc. would be willing to contact each one of interpreters in order to request for service? Wouldn't that be too much of a hassle for them than to just call an agency an request for an interpreter for a certain language?

I mean, being exposed to the marketplace as an independent interpreter is something I wish for, but I'm still not getting the picture of the new system.

Also, even if we work in a union, wouldn't that end up as another form of an agency?

How would our clients reach us when they need our service? Go through our list from an alphabetical order? Or whom the receptionist prefers? How would it work?

I would most certainly want to work in a new system where our interpreting quality and our individual ability is reflected so that qualified interpreters would get more jobs and "bad" interpreters would get less jobs... (that's fair, right?) But I'm just not clear how our new system would reflect that 'quality of interpreter' issue.

As a Korean interpreter, I'm sorry to say, but I've met too many patients complaining that they've had terrible experience with other interpreters. I've heard a patient saying "I wanted to ask the doctor this and that but the interpreter said "oh, don't ask- it's just because you're getting old.." Another patient said she just told her last interpreter that she had an abortion years ago, but her medical record stated that she's had 'hysterectomy'!

How ridiculous is that?!!! One person's uterus just disappears like that because of bad interpreting?!!! It's not even funny....

So I guess my last question is if the 'new' system is going to be helpful for interpreters with better education and knowledge.

I believe it's so important that we weed out the bad interpreters so we could really EARN the respect for our service, not just be pleading for respect.

Oh, one more question- I just took a DSHS translator exam. I read the information about the ATA translator exam and I'm wondering if it wasn't worth it to take the DSHS translator exam.

Is there a whole lot of difference as to which certification you have?

Thanks for your reply, everyone!

Janice

Milena Waldron

May 27, 2010

My Dear Janice:

I will try to answer your e-mail as much as I can.

1) Is there a whole lot of difference as to which certification you have?

A whole world of difference. By far the DSHS Medical test is the easiest of them all. The DSHS Translator test is so easy it is not even worth mentioning and it is not recognized by anyone else other than WA DSHS.

WA INTERPRETER CERTIFICATIONS (Arranged in degree of difficulty).

Federal Court Interpreter: Certified category available only in Spanish, Haitian-Creole and Navajo. Qualified category available for all other languages on a court-by-court basis. The certifying body is the Administrative Office of the U.S. Courts (AOC) through the National Center for State Courts. Currently there are about 10 Federal Court Certified

Interpreters in WA.

WA State Court Interpreter: Certified category available for Arabic, Cambodian (Khmer), Cantonese, Korean, Laotian, Mandarin, Russian, Spanish and Vietnamese. Registered category (NO INTERPRETING SKILLS TESTED)available for Albanian, Croatian, Czech, Dutch, Farsi, Flemish, French, German, Greek, Haitian, Hebrew, Hindi, Hmong, Indonesian, Italian, Japanese, Malay, Norwegian, Polish, Portuguese, Punjabi, Serbian, Slovak, Swahili, Tagalog, Thai, Ukrainian and Urdu. The certifying body is the WA Administrative Office of the Courts (AOC). Currently there are about 272 WA Court Certified interpreters. The majority of these interpreters are also DSHS certified/authorized. Only about 20% of the written exam deals with legal terminology the rest is mainly a language skills assessment. CONTINUING EDUCATION CREDITS REQUIRED EVERY TWO YEARS PLUS OATH.

DSHS Social Services Interpreter: Certified category available for Spanish, Russian, Vietnamese, Mandarin, Cantonese, Korean, Cambodian, and Laotian. Authorized category (NO INTERPRETING SKILLS TESTED) available for all other languages. The certifying body is the WA Department of Social and Health Services. DSHS has certified about 2600 Social Services Interpreters. NO CEC REQUIRED.

DSHS Medical Interpreter: Certified category available for Spanish, Russian, Vietnamese, Mandarin, Cantonese, Korean, Cambodian and Laotian. Authorized category (NO INTERPRETING SKILLS TESTED) available for all other languages. The certifying body is the WA Department of Social and Health Services. This interpreter exam is notorious for its low quality to the point that it does not test for simultaneous interpretation unlike all the other exams mentioned above. DSHS has certified about 8000 Medical Interpreters. NO CEC

REQUIRED. NO SIMULTANEOUS INTERPRETING TEST.

WA Maximum Quantity of Certifications: Spanish 4 and all other languages 3

2) If we were to work all independently without any help from agencies, do you think hospitals, schools, etc. would be willing to contact each one of interpreters in order to request for service? Wouldn't that be too much of a hassle for them than to just call an agency and request for an interpreter for a certain language?

Courts have found out the hard way that using language referral agencies though "convenient" increases the overall cost of interpreting services in the long run. While it is true that courts must have an employee becoming the "interpreter coordinator" this initial cost has been to their advantage again in the long run. And quality always tends to follow the money. By improving scheduling courts offer nowadays the best rates and accordingly

have the best interpreters at their disposal. DSHS pays the worst and accordingly gets the worst. This is market laws 101. Unfortunately, from amoral point of view it is wrong for criminals to get the best interpretive services while patients get the worst interpreting and thus "lose a uterus" in the process.

Interpreters are a rare and expensive resource that should be used judiciously. When a requestor uses an agency there is no incentive to improve scheduling. Health care providers currently have no financial incentive to improve scheduling. So they go ahead and schedule interpreters aimlessly costing the state of Washington millions in taxpayers' money. There are many software programs that can schedule interpreters directly without the need of an agency. However, the requestor must make a commitment to have a hard look to the way they schedule interpreters. So far DSHS pays and pays without forcing any changes in scheduling.

3) Also, even if we work in a union, wouldn't that end up as another form of an agency?

Definition of union: An organization of workers joined to protect their common interests and improve their working conditions.

Definition of a language agency: a private business that refers interpreters, translators and/or transcriptionists to requestors.

Should interpreters form a union they would not be "working" for the union. The union does not employ or hire interpreters. It is health care providers, courts, school districts, corporations, insurance companies and even private individuals who hire and eventually pay interpreters. The union is just a unified collective democratic voice to negotiate a contract, hence collective bargaining, with a prospective requestor/payor the DSHS in the

case of ESSB 6276.

Milena, your indefatigable advocate.

James Miller

May 27,2010

To Milena,

A lot of the assignments medical interpreters take are "private pay," not DSHS. For private pay jobs the cost is covered by the medical service provider, or by some kind of insurance or grant. Group Health, for example, is all private pay, no DSHS.

Some interpreters work for agencies, such as The Language Connection, or Dynamic Language Center, which do not take DSHS/Hopelink jobs, only private pay jobs.

My impression is that the new union being organized will not cover the interpreters who only work on private pay jobs -- is that right? I work for Dynamic and have not done a DSHS job in about 2 years.

Many agencies which work mainly or exclusively with private pay interpreter jobs will probably not be affected by the new organization being established, at least in the short run. But it seems to me if it's true that the unionized interpreters start earning substantially more per hour, then interpreters who are not part of the union will sit up and take notice.

James Miller

Seattle

LuisPR

May 27, 2010

Hi Janice, and everybody else,

IMAGINE an online system where you, and every interpreter, have a profile with ALL your information; your language, sex, area of experience/expertise, years of experience as an interpreter, your city/county, or area where you prefer to work, the days and time you are

available to work, etc. You can even have your own picture and reviews or reference from providers you’ve worked for so provider checking your profile would have a complete picture about your professional experience.

IMAGINE you log in to your OWN profile to check your job assignments or review new request. You’ll see, FIRST, providers who are requesting interpreters with your specific language and all other criteria that match your profile. The system will show the day, time, work location, and ALL the necessary information you’ll need to contact the client and/or provider, if you need to. Once you’ve completed this job assignment the system will store this data to “create a provider/interpreter relation” for possible future assignments from the same provider. You could get notification of your job assignments via email, text message, or pre-recorded voice message sent to your cell phone. You’ll be able to accept, or reject assignments right from your cell phone. Once you reply accepting the assignment, the

provider gets an instant notification letting them know you’ve taken it, along with YOUR CONTACT information and a link to view your profile if they want to. You can, of course, view ALL OTHER job assignments that don’t match your profile to see if any of those are

of any interest to you.

IMAGINE each provider having their own profile as well. They will be able to place their own request immediately without having to use a middle man/broker/agency either. For example, Dr. John (Oncologist) at XYZ Hospital/Clinic needs a female Korean interpreter with “end of life/ bereavement” experience, for June 1st, at 12:00 Noon, on third floor, room 300. Dr. John logs into his hospital/clinic profile inputs his ALL the criteria he wants then, the request is sent to interpreters who meets ALL of this criteria FIRST. If within a specified amount of time (let’s say 1 hour) the request has not been filed. The request is then sent to interpreters who meet most of the criteria (let’s say ALL Korean female interpreters). If after one more hour the request still goes unfilled then, the request is send to any Korean interpreter, including males. No need to wait 72 hour to place/respond to a request.

This is just one example of how the system works. Remember when you had to travel back then? You had to go, or call, a travel agency to buy your airline ticket; nowadays you do ALL of that on line. You can even select your own date/travel time, seat, etc. The system is

something like that.

THE TECHNOLOGY IS OUT THERE AND CAN WORK FOR US.

Luis

Maria Carr

May 27, 2010

I am an interpreter coordinator for a hospital and I can tell you that we would not want to contract with individual interpreters. These are some of the reasons:

Our volume of need would make my job to prohibitive if I had to make individual calls to fill appointments. We rely on the agencies we work with to do that.

Maria

LuisPR

May 27, 2010

To the question…

Would INTERPRETERS UNITED-AFCSME UNION include other interpreters who work for providers who do not take DSHS patients?

The answer…

It has nothing to do with whom Interpreters United-AFCSME wants to accept or include in the BARGAINING UNIT but rather with what the STATE OF WASHINGTON LEGISLATURE AUTHORIZED in HB 3062; An act relating to making the governor the public employer of language access providers.

As stipulated, this BARGAINING UNIT includes EXCLUSIVELY any ACTIVE INTERPRETER providing services to MEDICAID-DSHS Program Participants since January 1st 2009.

Active Interpreter has been defined as ANY interpreter who has accepted at LEAST ONE (1) MEDICAID-DSHS assignment since JANUARY 1ST OF 2009 whether, or not, the assignment was done through Hopelink, any Broker, or Interpreters Agency. What determines the eligibility to belong to the BARGAINING UNIT is the source of the payment you receive

for providing your services. That’s why; at this time, ONLY DSHS ACTIVE INTERPRETERS would be included in this unit.

If you want to be part of the BARGAINING UNIT, be protected with a COLLECTIVE BARGAINING CONTRACT (NOT TO BE CONFUSED WITH AN AGENCY CONTRACT), REPRESENT BY A UNION that will DEFEND YOUR INTERESTS. If you, as many others out there, STOP accepting DSHS assignments prior to January 1st of 2009 because of DSHS/Broker/Agency low pay and bad treatment, I recommend...

(a)contact DSHS to make sure your contact information (Address/Tel./Email) with them is up to-date

(b)take at least ONE (1) assignment with DSHS as soon as you can,

(c)call Interpreters United-AFCSME Nikki Miller (360) 259-4554 or, Lauren Berkowitz (206)734-7054, or visit interpretersunited.wfse.org to sign a UNION CARD.

Come along; join Interpreters United-AFCSME to restore get respect, fair treatment and professional pay.

Luis

LuisPR

May 27, 2010

I can assure you, Maria, and all other Interpreter Coordinators out there, an automated-online system will make YOUR JOB A LOT EASIER.

Just imagine you go to your computer input your request, send it, DONE. No time lost on phone calls while you have 1000’S of tasks to do. We all have to adapt to the new technology.

LuiPR

Ara Hakobyan

May 27, 2010

May be forming a Union will help regulate the agencies as well, meaning restricting the their profit margins. The agency cannot get $50 and pay the interpreter only $25. There should be some limitations set across the board for all agencies along with elimination of broker system.

Ara

Milena Waldron

May 27, 2010

Extracted from ESSB 6726, the bill that passed.

(14)(a) "Language access provider" means any independent contractor who provides spoken language interpreter services for department of social and health services appointments or medicaid enrollee appointments, or provided these services on or after January 1, 2009, and before the effective date of this section, whether paid by a broker, language access agency, or the department.

So basically any Spoken Language interpreter (ASL is excluded) of any certification that has done an appointment after January 1, 2009 paid by DSHS directly, through the brokerage system or through a language agency.

To view the entire bill go to

http://apps.leg.wa.gov/billinfo/summary.aspx?bill=6726&year=2009

Milena

LuisPR

May 27, 2010

One alternative to how much agencies will keep, if they remain part of the system, is to make DSHS/Brokers/Agencies, under a COLLECTIVE BARGAINING CONTRACT, give Spoken Language Interpreters the same treatment and consideration they apply to Sign Language Interpreters.

Meaning… Brokers and Agencies will NOT take out any penny off of pay (known as the Interpreters’ Service Rate) which as this time is $34.00 per/hour and should be coming directly into the Interpreter’s pocket, not the Brokers/Agencies.

Did you know DSHS pays FREE Lance Sing Language Interpreters and Sing Language Agencies time and one half the (1 ½) the hourly rate for the first hour? It’s done this way so the payment for the first hours is defined as Basic Interpreters Service Rate, and the other one half (1/2) is the Administrative Cost. If it happens to be an individual working as a Free Lance Sing Language Interpreter s/he gets to keep the full payment. If the individual happens to be working for an Agency; the Agency keeps ONLY the Administrative Cost, NOT A PENNY MORE, and the Interpreter gets to keep the Basic Interpreter Service Rate IN FULL.

From what I’ve read, I believe it was supposed to be that way ALL ALONG for Spoken Language Interpreters also but, somehow, somewhere the Brokers/Agencies seems to have changed the rules without DSHS even knowing this was happening as we found out during the legislative hearings to approve Interprets Bill HC3062. There, DSHS representatives were reporting to the legislators Spoken Language Interpreters were making $34.00 per hour. Thanks to Interpreters United-AFCSME the truth is now known. DSHS and the Legislators where shock to find out that those doing the actual work, in other words the

Interpreters, were making as little as $22.00 per hour. I remember one key question one of the legislators asked Hopelink representative…

What is the purpose of your existence?

She went stunned by the question, and could not come up with a rational answer that would justify the pillaging of over 40% of the interpreters pays.

So by having a Collective Bargaining Contract we can REALLY gain back the RESPECT, and the professional pay we deserve.

Luis DeJesus

Certified Medical and Social Services Interpreter - Spanish

Maria Carr

May 27, 2010

So sorry, I got interrupted and didn't realize that I sent my message before it was complete. It really is counterproductive to assume what will or will not make some one's job easier. Once again I will urge interpreters wanting some changes to do some research about the perspectives of other stakeholders regarding interpreter services. The perspectives being presented are very one-sided in my opinion. I can assure you, Luis that an automated online system will NOT make my job easier for several reasons. Nor will it prompt our hospital to start to contract individually with interpreters. I urge interpreters who want to keep working not to burn their bridges with agencies.

The needs of our hospital are varied - not only for languages needed but also types of appointments. We have pre-scheduled appointments which usually allow us the luxury of time to secure an interpreter, however we also have last minute,urgent appointments for the Emergency Department, Oncology and Family Birth Center. My job is much easier

when I can call an agency and they get several of their schedulers to quickly find me an available interpreter to match our criteria. Their staff take over and find me an interpreter while I am able to continue filling the needs elsewhere, dispatching our staff interpreters and sometimes even filling in myself as interpreter for unscheduled Dr. consults, diagnostic tests etc. for inpatients.

Our finance department does not want to write 50 + checks a month for various interpreters. It is more cost effective to write 1-2 checks to agencies to cover all of our subcontracted interpreter services.

For compliance and risk management reasons we are required to keep records regarding competency, HIPAA confidentiality, background checks, TB testing and more for all interpreters who provide services in our hospital. A contract with an agency requires them to do that and to be prepared to fulfill any audits we request. If we were to subcontract individually with interpreters I would need to maintain those records and keep them up to date. Again it is not cost-effective for us to do that. This is another way that agencies earn their pay. (They do this for DSHS/brokers too and must submit to audits by DSHS).

If we individually subcontracted with interpreters we would require that they carry Errors and Omissions insurance. Once again this is done by the agency and is much more cost effective than if we were to audit each and every interpreter every 6 months or more to ensure they had the needed insurance. This is another cost that agencies bear.

Many people who have never owned/operated a business make statements about what profits a business should or should not be allowed to make. Many of these same people have no idea of all the hidden costs required to own/operate a business in Washington State. As I said I do not own an interpreter agency, however, my husband and I own and

operate a plumbing business so I do have knowledge of these hidden costs.

I do urge all of you who want to be informed to talk to hospital interpreter services managers/coordinators, brokers, agencies and others so that you can get a complete and accurate picture of the needs, limitations, challenges and resources that they have to work

with. Currently there is a lot of misinformation circulating, too many assumptions being made and too much bashing of agencies and brokers based on insufficient knowledge/ information. I believe that this only hurts our ability to be viewed as professionals.

Maria

LuisPR

May 28, 2010

Maria,

I respectfully disagree with your arguments and defense of the functions of Interpreters Agencies. All of the functions you mentioned….

“For compliance and risk management reasons we are required to keep records regarding competency, HIPAA confidentiality, background checks, TB testing and more for all

interpreters who provide services in our hospital. A contract with an agency requires them to do that and to be prepared to fulfill any audits we request. If we were to subcontract

individually with interpreters I would need to maintain those records and keep them up to date. Again it is not cost-effective for us to do that. This is another way that agencies earn their pay. (They do this for DSHS/brokers too and must submit to audits by DSHS)”.

… are exactly the functions and responsibilities of DSHS, section of Language Interpreters Services and Translation (LIST) failed to fulfill for too long resulting in the broken-Brokers/Agency mess and low interpreters standards we see nowadays; because DSHS have never had the intention of providing ‘reliable and competent LANGUAGE Access

Services to its Limited English Proficient Program Participants. Did you know DSHS had to be legally forced to do so after fifteen (15) civil/discrimination complaints?

From LIST Responsibilities at (http://apps.leg.wa.gov/WAC/default.aspx? cite=388-03-060)

What is the responsibility of the language interpreter services and translations (LIST) section in certifying spoken language interpreters and translators?

Language interpreter services and translations (LIST) is the section within DSHS responsible for:

(1) Establishing and publishing systems, methods, and procedures for certifying, screening and/or evaluating the interpretation and/or translation skills of bilingual employees, interpreters and translators who work with department clients, employees, and service providers;

DSHS/LIST does in fact conduct these functions on a limited basis. How do you think DSHS makes sure FREE LANCE Sing Language Interpreters meet ALL of these regulations? DO you think they are providing ANY of these documents or criteria you site to some Interpreters Agency and asking the agency to forward the documents to DSHS? NO they are NOT,

they are REALLY FREE LANCE-INDEPENDENT CONTRACTOR, and they DO conduct their business directly with DSHS, SO SHOULD ANY SPOKEN LANGUAGE INTERPRETER WHO WISHES TO DO SO.

You can visit DSHS Website, Spoke Language providers at:

http://hrsa.dshs.wa.gov/InterpreterServices/SpokenLanguageVendor.htm

Then visit DSHS, Office of the Deaf and Hard of Hearing/ Contractors

Providing Sign Language Interpreter Services at:

http://www.dshs.wa.gov/hrsa/odhh/interpcon.shtml to see for your self, scroll down on the page you’ll find the names of the Interpreters Agencies and of the Individual Freelance Interpreters, as well.

I ask; if Interpreters Agencies are so essential, as you claim, to provide Language Access Services, how come the Washington State Courts, nor the Department of Labor and Industries are using them? And they DO provide BETTER, AND MORE EFFICIENT Language Access Services to the Limited English Proficient individuals they serve, not only that,

they DO treat Interpreters with RESPECT and pay them at a DECENT PROFESSIONAL RATE TOO?

You assert, “however, my husband and I own and operate a plumbing business”. I ask; do you require from the clerk at Home Depot who assists you buying your plumbing materials, and then delivered them to your place of business, to provide you with a copy of their Driver License, Car Insurance, Vaccination Records? Do you conduct a CRIMINAL back ground check on them? NO, I BET YOU don’t you. Why? Because they are an INDEPENDENT BUSINESS separate from yours.

You got one thing right though, “This is another way that agencies earn their pay” …by duplicating the functions and responsibilities DSHS/LIST failed to meet from the very beginning. I’m presenting my position here not only as an Interpreter, but as a TAX PAYER also. In what sound business mind can you fit the notion that Interpreters HAVE go through ALL this paperwork and meet this requirements, agency after agency, when they ALL provide services to ONLY ONE, and THE SAME Government Agency ;DSHS? How come they NEVER came up with a centralized administrative system to replace this HUGE bureaucracy

they’ve created? Because they had to justified, what has come to be, their useless existence. It just makes no business sense, especially when the State and Federal Governments have such a huge deficit they HAVE to take even MORE of MY HARD EARNED money out of my pocket to provide the services on which they are WASTING the very same money they are taking from ME. Please call 911, they need a shrink!

You present another point… “If we individually subcontracted with interpreters we would require that they carry Errors and Omissions insurance”.

To clarify, NOT A SINGLE AGENCY carries Errors and Omissions insurance to cover their “Independent Contractors/Interpreters”. While they are in fact required by DSHS to carry Errors and Omissions insurance, their insurance ONLY cover their OWN business and EMPLOYEES.

The alternative, Interpreters by forming a UNION, not only can negotiate this as one of the possible benefits with the State of Washington but, they can also form a REALLY BIG POOL to obtain the Errors and Omissions insurance hospitals may start to require (when they NEVER done so), car insurance, accidental life insurance, even health insurance at a much lower cost.

You mentioned that… “too much bashing of agencies and brokers based on insufficient knowledge/ information” is going on. I believe that this only hurts our ability to be viewed as professionals”.

The facts are out there. For much too long the broken-Broker/Agency system had being disrespecting, mistreating, and exploiting Interpreters. Have you ever heard from ANY other industry of “Independent Providers” where they HAVE to wait ninety (90) days to get paid; yet demanding they turn their invoices in within seven days (7) to fourteen (14) days from the date of service, or they don’t get paid AT ALL? Or, of any “Independent Provider” who has to pay a penalty for arriving late (or not being able to arrive at all) to a job assignment due to circumstances out of their control such as a WRONG addresses provided by the very same client they try to serve? Or, that the penalty they HAVE to pay is even higher ($100.00) than the whole hourly payment ($22.00 - $27.00) they would’ve earned had

the penalty not been assessed on them? Or requiring they wait thirty (30) minutes to see is a client/patient would still make it to their appointment though they won’t be paid if the very same patient/client they are waiting for does not shows up? How about requiring (code word for DEMANDING BY) you to show up to work fifteen minutes earlier to your “scheduled work start time” knowing you won’t get paid for that time. How about being banned from work because the receptionist didn’t like you? Or, being prohibited from taking a job assignment because is more than the ALLOWABLE numbers of miles away from your

home and depriving you of that income? Or, suspending you from work (as if you were their employee) for X, or Y unjustified reason? Oh believe me; I could go on, and on, on the unfair and abusive practices of the broken-Broker/Agency system, without even mentioning many of the personal horrors stories I’ve heard from too many Interpreters, some of them with teary eyes.

Finally, you “urge interpreters who want to keep working not to burn their bridges with agencies”.

I don’t want to think you are making such statement to intimidate Interpreters who are tired of the current broken-Broker/Agency system, and are COMMITTED to making Interpreters United-AFCSME UNION a REALITY for this is usually what employers tell their employees when they want to scare the hell out of them. But like I said; I don’t really,

really think your statement means that.

The fact is, if we don’t STAND UP to form our UNION to demand being treated fairly and with the respect we deserve, first as individuals, then as Professional Language Access Service Providers and demand to be decently compensated for the vital services we provide; we will never see any improvement in our working conditions. The Brokers and

Agencies were given the opportunity in 2001 to improve the system and our working conditions, and they made it WORST. The facts are out there.

Luis

Barry Fatland

May 28, 2010

Maria,

Your perspective on this, it must be said, is from that of management, not that of a medical interpreter, even though you are the latter as well.

When we win union recognition and a contract with the DSHS for medical interpreters accepting assignments through DSHS, all of the functions you say that are now fulfilled by language agencies can and should be done by the DSHS. This includes verifying shots, training, drivers licenses, insurance, etc.

I have yet to run into a competent medical interpreter who would prefer to earn $20-something per hour rather than $30 or $40-something per hour. That's the difference for us between going through brokers and language agencies versus going directly through the DSHS.

The same system that language agencies use now to schedule appointments, including last minute appointments, can be used by the DSHS. They may have to hire a few more people to help them out, and I say may, and those new hires may come from those now at language agencies, but this is 2010, not 1990 or even 2000.

We already have a member of our union who is an interpreter, a former owner of a language agency, who has developed and tested a computerized scheduling system that meets our needs to be able to do all of the scheduling functions on line. What this system doesn't do for you, you would be free to help us improve it so that it meets your needs as well. Professional medical interpreters have the interests of the LEP patient at heart, just as you do as the person responsible for getting them a professional interpreter. Our interests are one and the same, in that sense.

From a medical interpreter's perspective, we need to be able to make a living doing what we do best and the current system, while it may work for you as someone managing medical interpreters -- you having a fixed income I presume -- many of us cannot make a decent living with two or three appointments per day at $22.00 per hour. Can you see this from our perspective?

Someone earlier mentioned their concern about only Interpreters United/WSFE members having access to the DSHS appointments. We haven't had that discussion and there may be differences of opinion on that, but I'm certain that most serious, professional medical interpreters will be extremely thankful for our efforts to improve our profession and will willingly join our union.

Let's continue this discussion as we all strive to improve access to qualified, professional medical interpreters for all those who need our services. We can have our differences. I just ask that we be above board about our differing perspectives in this matter -- full time, staff positions vs. owners of language agencies vs. who we are dealing with in our efforts -- independent contractors with no set income or benefits.

Despite nearly 40 years of interpreting experience all over the country, mostly as a 'community' interpreter, I can't make a living as a medical interpreter the way the system is currently set up.

I'll deal with the questions of fraud by a few unscrupulous interpreters and how they got us into our current mess in a later email.

Thanks to all for expressing your opinions. A free, honest and open discussion of every one's concerns will help us arrive at the best conclusions.

Barry Fatland

DSHS-certified medical interpreter - Spanish

Certified trainer of medical interpreters

Currently working in the Seattle Public School system (not as an interpreter)

Milena Waldron

May 28, 2010

Maria wrote: "I can assure you, Luis that an automated online system will

NOT make my job easier for several reasons. Nor will it prompt our hospital to start to contract individually with interpreters. My job is much easier when I can call an agency and they get several of their schedulers to quickly find me an available interpreter to match our

criteria. Their staff take over and find me an interpreter while I am able to continue filling the needs elsewhere, dispatching our staff interpreters and sometimes even filling in myself as interpreter for unscheduled Dr.consults, diagnostic tests etc. for inpatients."

Maria is an interpreter coordinator for a hospital. Hospitals, like some high volume courts, experience a high need for interpretive services. Often times they face last minute requests. The same argument Maria makes for using language agencies was made by courts some years ago. Ever since legislation passed in 2007 requiring courts to track interpreter expenses in a systematic and comparable way huge problems came to surface previously undetected.

When comparing data among different courts it became apparent that those courts using online scheduling systems and coordinating the interpreters in 1/2 days or full days and had some full time and part time staff interpreters were those that spent less money. And now let me tell you the Snohomish County story which is being showcased this month at the court administrators' Spring meeting.

In January 2008 Snohomish County courts (Municipal, District and Superior) found themselves in the need to adjust to an ever shrinking budget. They looked at interpreter expenses and decided it needed to be less. So they went ahead and slashed interpreter pay rates by 50%. It went from $50/hr w/2 hr min to a 1 hr min. Court interpreters rebelled and boycotted the entire Snohomish County courts. Within a month Snohomish went back to the 2 hr min. However, they still had the same budget shortfall.

So they enquired with other courts and implemented an already in use by another court, online scheduling system based on the feeding frenzy. Snohomish County also encouraged cooperation among courts since sometimes the same buildings lodge more than one as is the case of Everett Municipal, Snohomish District and Superior and Snohomish Jail. So they pooled their efforts and started scheduling interpreters for multiple assignments that were relatively close and voila! Last fiscal year Snohomish County saved $50,000 in interpreter expenses while maintaining $50/hr w/2 hr min. In other words they get the best skilled interpreters and spend significantly less money than before.

The Snohomish County story is being shared among court administrators throughout the state and there are plans of going national with this information.

Maria you are an interpreter coordinator. It would be very advantageous for you to get in touch with your peers, other interpreter coordinators, not only in hospitals but also in the DSHS offices (those that hire interpreters directly) and courts to compare notes with them. A great place to meet with them is the annual WASCLA conference. The next one is scheduled for October. In the interpreting business world...

improved scheduling = big savings

ERRORS AND OMISSIONS INSURANCE

Wake up call for all involved. There is NO COVERAGE for interpretation. NONE. This type of insurance only covers translation. Why? Because to have such coverage would require that ALL interpreted appointments to be tape recorded and those recordings stored by a third party. IT AIN'T HAPPENING!

That is why the Court Interpreter Oath says the following:

I will make a true interpretation of all the proceedings in a language which the limited English proficient person understands, and will repeat the statements of the limited English proficient person to the court or agency conducting the proceedings in the English language, to the best of my skill and judgment.

TO THE BEST OF MY SKILL AND JUDGMENT. That is as much as an interpreter can do. No more no less. Obviously then that SKILLS and JUDGEMENT become extremely relevant in the case of interpreting.

INTERPRETER SKILLS

What government agencies and healthcare providers MUST ensure is QUALITY INTERPRETING. Interpreter coordinators' responsibility is to make sure that the best interpreters are being used each time. Unloading that responsibility onto a language referral agency is a very risky proposition. Does your contract with the language agency specify what type of credentials those interpreters should have? Or is all the attention focused on the driver's license which has no bearing on the quality of the interpreting? One could easily walk to the appointment; I personally take the bus a lot. Do you know that the DSHS Medical exam is a sham? In the past 20 years DSHS has certified/authorized 8000 medical interpreters while the courts in WA have certified/registered less than 400. Isn't this quite telling?

While an interpreter stands to make $22/hr at your hospital the same interpreter can make $100 (the 2hr min) in court. Hospitals routinely get the LEAST qualified interpreters. Don't you find it morally reprehensible that criminals get better interpreters than patients? How many of the interpreters showing up at your hospital are WA court certified/registered?

Did you know that the vast majority of WA court certified/registered interpreters are also DSHS certified/authorized? Did you know that WA court certified/registered interpreters have a Disciplinary Committee, are expected to uphold the same integrity standards as judges, get routine background checks (for jails), must comply with CEC and swear an oath every two years?

Unfortunately, in the State of Washington, we have a certifying body, the DSHS, that is negligent and incompetent when it comes to its duties. It is the certifying body's responsibility to have an updated list of certified interpreters open to the public posted on their website. Their current list has many deceased interpreters, out of state interpreters, convicted criminals and tons non active interpreters. It is incumbent to the DSHS to track and approve Continuing Education Credits (as WAC rules so require). It should be the DSHS the entity in charge of de-certifying interpreters due to misconduct or non compliance. It is the DSHS who should be conducting the annual criminal background check and keep it stored. It is the DSHS who should track immunization records.

You, the interpreter coordinator for a healthcare provider, should be able to rely on a government agency to enforce high standards of quality and conduct. Instead, you are forced to rely on language referral agencies some of which are very reputable and some of which are frankly fraudulent. We interpreters have been clamoring for the DSHS to assume its statutory obligations as a certifying body. Health care providers should do the same. DSHS has let us all down: interpreters, healthcare providers and the LEP population at large.

Please join us in demanding that DSHS start managing their interpreter

program.

DSHS STAND UP AND RISE TO THE OCCASION!

Language Brokers System

Brokers System