MCD01 Renewal RFR Contract FY16 to FY18 FINAL~1.docx

The Commonwealth of Massachusetts Executive Office of Health and Human Services Massachusetts Commission for the Deaf and Hard of Hearing 600 Washington Street Boston, Massachusetts 02111 Tel. (617) 740-1600 TTY (617) 740-1700 Fax (617) 740-1880 VP 617-326-7546 http://www.mass.gov/mcdhh Department of Interpreter/CART Services

MCDHH’s Interpreter Contract:

RFR / Contract and Procedures

For Use by Contractors, Requesters, Payers, Consumers, and All Other Entities Using MCD01

Limited User Contract Which Begins July 1, 2009 Updated for the July 1, 2015 to June 30, 2018 Contract Renewal Period

Heidi L. Reed, Commissioner Patricia Ford, Deputy Commissioner for Programs and Policy Dianne Shearer, Director, Department of Interpreter/CART Services

June 2009 Version

Revised Spring 2015 for the July 1, 2015 to June 30, 2018 Contract Period

Check COMMBUYS [http://www.commbuys.com] for updates to this document as well as important supporting information and forms

“This document is incorporated into Contract MCD01 for ‘Interpreters and Transliterators for the Deaf and Hard of Hearing’ and should be referred to frequently by anyone using that contract in any capacity.”

Page ii

TABLE OF CONTENTS

[This page intentionally left blank]

Welcome from the Director, 2015

April 2015

Warmest Welcome to Members of the MCD01 Community:

It is my pleasure to greet all of you as we enter the final three-year period of MCD01 contract, which is also known as “Interpreters and Transliterators for the Deaf and Hard of Hearing." MCD01 began back on July 1, 2009 and we including ourselves as MCDHH, interpreters, requesters, payers, state agency contractors, and other contracting entities have learned from each other and grown greatly as individual stakeholders and as a community with the common goal of providing communication access. The documents following this letter are the bodies of the MCD01 contract. These pages tell the story of how we, collectively, responded to the challenges and opportunities we faced since 2009.

Some of the challenges and opportunities confronting us were organic or evolutionary in nature, and therefore so was our response. One example is the ongoing consolidation of certification categories by the Registry of Interpreters of the Deaf, Inc. pertaining NIC. We mirrored RID’s change in certification categories by continuing the restructuring of our state rate chart into fewer rows, something I mentioned in my letter to you three years ago. You can see the structure in the section of this document titled, “MCD01 Compensation Structure: An Overview”.

A second example of evolutionary change comes from the increasing availability of technology to aid in communication access for our community members. To that end, you have seen MCDHH in general and the Interpreter Department in usage of Vlogs to create fully accessible announcements. Expect to see more in this coming contract cycle, however, not every communication will be immediately available in a Vlog. Our most important ones will be in Vlogs.

We were challenged with little choice but to roll out with COMMBUYS, Operational Service Division’s electronic statewide purchasing and procurement system, in March 2014. You may find it helpful knowing that Operational Service Division is managed outside of the agency and in terms of receiving payment from state agencies, Interpreters need to be registered as vendors in COMMBUYS. As I write this, fewer than 60% of MCD01 Interpreters have registered as vendors and there is no other way of getting paid from the state agencies. So we require 100% of our interpreters to be registered by the time this renewal goes into effect on July 1, 2015. In the meantime, I am grateful to have a terrific team from Administration and Finance to assist my department as well as supporting you in the COMMBUYS enrollment process.

As we always do, we took advantage of this contract renewal period to review the content of the MCDO1 contract and made a number of improvements based on the feedback received. We enhanced our referral software as well as enhancing guidance for interactions among stakeholders with Referral; initial contacts; place a job request; job assignment; performing the job; and then the events after the job. We added illustrating examples wherever possible. We also created an expanded “For Reference” section to make this document a single source of reference. Additionally, we reviewed the policy and procedures questions received during the FY ’13 - FY ’15 contract term and added clarification where appropriate. The section on “Inclement Weather” is an example of policy/procedural enhancement.

MCDHH held two Public Hearings in November 2014 to collect stakeholder input about MCDO1. One of the points raised by several individuals was how valuable they would find the ability to visit Referral to see the service in operation. So, here is my invitation to you: Whether you are an interpreter, a requester, a payer, a consumer, or an user of the MCD01 contract, if you would like to come for a visit and meet with our team of Referral Specialists, please contact Michael Krajnak, Referral Supervisor, and set something up. If you are an experienced user of MCD01, come by and see how the service has changed since you first joined the contract. If you are new to MCD01, share your experience with us so we can learn from you.

The future will undoubtedly reveal a new set of challenges and opportunities. I’ve already mentioned more Vlogs as one development I’d like to see happen. Another challenge is for the Interpreter/CART Referral Service to take fullest advantage of the Avianco data management to include interfaces for all stakeholders, not just for Referral. Yet another is to develop a roster of qualified trilingual interpreters to meet the needs of Spanish Deaf as the population has grown greatly in a couple of years in various areas of the state…and I can go on and on.

Writing this letter gives me an opportunity to reflect on where we have been and where I envision us heading. It also gives me an opportunity to thank interpreters for all they do for being part of our MCDHH family. Not only communication access they provided, they committed their time mentoring with new and experienced interpreters and being on our Interpreter Screening team to qualify interpreters for the Commonwealth of Massachusetts. The other members of our MCD01 family are the requesters, the consumers, the payers, and all the other participants in the communication access process. You, too, make important contributions to helping us lean and grow. Learning and growing together. That’s the fun part knowing you are by my side.

Wishing you all the best, Dianne Shearer

Director, Department of Interpreter/CART Services

Welcome from the Director, 2012

April 2012

Greetings to Interpreters, Requesters, and All other Users of the MCD01 Contract—

It boggles my mind that the initial three-year term of the MCD01 contract is reaching its conclusion and it is now time to exercise the first amendment-to-renew option. It is almost as if we, collectively, blinked and time has flown! I want to welcome MCD01 interpreters old and new as well as all who use this important contract.

The biggest change you will see in this MCD01 RFR/Contract/Procedures document is improved organization. Information that had previously been scattered throughout the previous document is now in one place, and the sequence in the text follows more closely the natural sequence of making the request / performing the job / doing the post-job activities. Secondarily, we improved content in response to questions we received from interpreters, requesters, payers, Deaf/Hard of Hearing community and others over the last three years in order to make this document more responsive to your needs. Nowhere is this issue more clearly demonstrated than in the section committed to the Supplier Diversity Program, in which we used a question-and-response format that we hope will clarify interpreter responsibilities under this Executive Branch program.

In the first three years of the MCD01 contract we’ve seen some changes in the external world in which interpreters function, and these changes have been incorporated into this revised MCD01 document. Most notably, the Registry of Interpreters for the Deaf (RID) eliminated the three levels of National Interpreter Certifications (NIC, NIC-A, and NIC-M) in favor of a single NIC certification.

MCDHH will maintain the rate structure and rates for MCD01 contract for Interpreters and Transliterators at the FY’12 level for FY’13. During FY’13 MCDHH will incorporate the enhancements made by RID, Registry of Interpreters for the Deaf and NAD, National Association for the Deaf, when they become available to implement single level scoring format for National Interpreter Certification (NIC). When that happens, MCDHH will then consider how to include the new single level NIC credential in the rate structure while honoring those Interpreters who obtained the prior NIC, NIC-A, and NIC-M credentials.

Internally within the Interpreter/CART Referral Service we started a project over two years ago that remains ongoing, a comprehensive assessment of our business processes with the goal of improving efficiency and effectiveness in this time of increased demands and reduced staff. This is the first time we have undertaken a project of this magnitude and already we are seeing results. For instance, Referral implemented standardized email templates, updated Consumer and Interpreter profiles, and completed Interpreter ID cards. Your feedback and comments contributed to these changes through spontaneous contacts as well as use of the Survey Monkey data collection tool.

Another upgrade you’ll see in this MCD01 document is that we’ve spelled out how individuals using technology-enhanced interpreting may contract with us on a pilot basis. Details may be found in the section entitled “Pilot Methods and Technologies.”

Speaking of technology, MCDHH has entered the world of Facebook as one of our tool to communicate with the community! We will continue to make full use of the Yahoo Mass Deaf Terp “OneList” for electronic communications, and you will see an increasing number of fully communication-accessible vlogs on our web site in ASL with English captions and voicing. As in the past, I encourage interpreters to maintain membership in MassRID. Membership in this local chapter of RID creates a sense of collegiality, opportunities for free or discounted workshops especially on topics with a local flavor, and facilitates a more rapid assimilation into the profession for newer interpreters. Also, it’s a good place to receive updates from MCDHH. You can check out their website at www.massrid.org for more information or how to become a member.

MCDHH thanks you for your commitment for quality service for our Deaf, Hard of Hearing, DeafBlind, and Late-Deafened constituents in the Commonwealth of Massachusetts. We look forward to working with you as we enter the new contract renewal period.

Best, Resources:

· Liability Insurance--https://dhhinsurance.com/cgi-bin/htmlos.cgi/001150.1.1115521321549646458/rid_freelance.html

· MassRID— www.massrid.org

· MCDHH Webpage— www.mass.gov/mcdhh

Welcome from the Director, 2009

May 2009

Welcome to the Massachusetts Commission for the Deaf and Hard of Hearing (MCDHH). We are happy to have you as part of our community of service providers as Contractors. The Department of Interpreter/CART Services provides communication access services to Deaf, Hard of Hearing, Late-Deafened, and hearing consumers, including MCDHH staff, such as CART, Oral Transliterating, ASL/English Interpretation, DeafBlind Interpreting and CDIs.

This Manual for Contract Interpreters is intended to provide the Massachusetts Contract Interpreters/Transliterators an introduction to working as independent contractors for the Commonwealth of Massachusetts as operated by MCDHH. This is a reference for both new and experienced freelance interpreters/transliterators. Additionally, because this Manual serves as the Scope of Services of the contract between interpreters and MCDHH, it is a valuable tool for Requesters, Payers, and Consumers of services covered by the contract. So that all prospective contract users know what to expect, the Manual includes policies and procedures regarding interpreter referrals and the Code of Professional Conduct that all professional interpreters agree to uphold.

I strongly encourage you to sign up for the Mass_Deaf-Terp e-mail distribution list that is part of Yahoo! Groups, http://groups.yahoo.com/group/Mass_Deaf-Terp/, in order to become part of the interpreting community in Massachusetts. You will find information regarding interpreter workshops, training, and mentorship. MCDH often uses this list to make important announcements, as does MassRID and community/consumer organizations. The Mass_Deaf-Terp e-mail list is a rich resource and I cannot overstate its importance as a vehicle for community cohesiveness.

We hope you find this information helpful and easy to use. Do not hesitate to contact us if you have any questions.

Sincerely, Welcome from the Commissioner, 2009

May 2009

As a participant in the MCDHH Interpreter/CART Referral Service, you are aware of how important communication access is to people who are Deaf, Hard of Hearing, Late-Deafened, and DeafBlind. Since we began providing referral of interpreters for the Commonwealth of Massachusetts more than 200,000 requests have come to us, indicating statewide commitment to accessible communication in every imaginable situation where exchange of information takes place. People must communicate in healthcare, educational, workplace, legal, business transaction, civic, and social settings, and MCDHH makes this happen by connecting requesters with the essential and legally mandated services of qualified professional interpreters.

The severe fiscal crisis which now impacts every aspect of life in our Commonwealth as well as across our country, makes it more important than ever to maintain access to effective interpreter services. To perform our business of referring interpreters to job assignments with the greatest efficiency, this Manual is written as a guide for any user of the MCD01 Contract. No matter whether a job request is for an hour or for a full day, for a medical appointment or for a statewide conference, by referring to the appropriate sections of this Manual all participants in the communication situation will know how to prepare and what to expect.

We are beginning the first year of a contract whose maximum anticipated duration is nine years. Much can change in nine years. Most immediately, we will be challenged to develop a sustainable model for Emergency After Hours Referral. MCDHH will leverage our current collaborative work with the state agencies responsible for education and court settings to implement more effective models of interpreter services in those settings. Each of these efforts has potential to positively impact availability and compensation of interpreters and to result in increased communication access. The field of interpreting itself may undergo changes in the next nine years. Licensure or some other form of professional certification may become a reality, and the Commission’s role as guarantor of quality may increase. Already in Massachusetts we have seen the growth of video-based interpreting. The next nine years will see an evolution and possibly a crystallization of a business relationship between video-based services and MCDHH. Other technologies may develop as well, and we at MCDHH will be not only in the policy forefront but in the implementation forefront, maintaining our role as the leading agency to which other states look for guidance and a role-model.

As we go forward in responding to opportunities both within the Commonwealth and in the environment at large, we want to know how the Interpreter/CART Referral Service is of value to you; how it is meeting your needs, and how it can meet your needs even better. Please take advantage of the opportunity set forth in the “Feedback, Compliments and Complaints” section to share your thoughts with us. We welcome your response.

In serving the Commonwealth with its statewide Interpreter/CART Referral Service, MCDHH is committed to achieving the highest possible response rate and quality of interpreter service in every setting where a person who is Deaf, Hard of Hearing, Late-Deafened, or DeafBlind is in need of communication access. And we thank you for matching our commitment to communication access through your participation as a requester, an interpreter, or a user in another capacity. We look forward to being of service to you.

Sincerely, Heidi L. Reed Heidi L. Reed Commissioner

Page i

Key Changes in the July 1, 2015 to June 30, 2018 Contract Renewal Period

The Massachusetts Commission for the Deaf and Hard of Hearing took advantage of this renewal period for Contract MCD01: Interpreters and Transliterators for the Deaf and Hard of Hearing to bring this Request for Response (RFR) / Contract and Procedures document up to date in several ways. First are the housekeeping changes such as updating our address to 600 Washington Street in Boston and recognizing the replacement of Comm-PASS with the more expansive electronic procurement management system COMMBUYS. Second are the addition of a few sections in the text of this document that will add to its value to contract users and stakeholders such as requesters and payers. Finally, to make this document a more comprehensive guide to members of the MCD01 community we significantly enhanced the "For Reference" section with an array of resources.

Most Significant Points

The most significant modifications of this document relative to the July 1, 2013 to June 30, 2015 MCD01 version are as follows:

1. All participants in the MCD01 contract must be registered as vendors on COMMBUYS. Guidance, as well as where to go for additional help, are included in this document.

2. The compensation structure will continue its evolution. In FY'16 with the several NIC certifications being combined into a single row on the rate chart. In FY'17 all national certifications will be collapsed into a single base rate, with compensation increases granted only for seniority.

3. The DeafBlind differential will be paid only for interpretation requiring ongoing physical contact for the purpose of providing communication access. Such methods include but are not limited to tactile signing, tracking, print on palm, Rochester Method, Lorm Method, and Tadoma Method; close visual signing is not eligible for the DeafBlind differential. This change will begin in FY’16.

4. The threshold for filing a Supplier Diversity Program Plan is increased to $25,000 in a year in earnings from Commonwealth of Massachusetts agencies from its previous level of $5,000.

The Details

Here are the details:

Definitions:

· Addition of URLs and web links for Avianco, the Commonwealth's calendar of holidays, COMMBUYS, VendorWeb, and other useful connections

· Clarification of the cancellation policy

The Interpreter/CART Referral Service:

· Clarification that the After Hours Emergency Interpreter/CART Referral Service accepts only legal requests; and that it also maintains a list of interpreters willing to go to hospitals after hours should emergencies arise

Use of MCD01 Contract by Executive Branch Agencies and Other Eligible Entities:

· Inclusion of list of all Executive Branch agencies, with MMARS and COMMBUYS codes, that are MCD01 users in accordance with March 2012 Policy Initiative, “Quality Assurance Policy for ASL Interpreter and CART Services” mandating use of MCD01 and MCD03 contracts (respectively, Interpreters and Transliterators for the Deaf and Hard of Hearing and CART Services) by all Executive Branch agencies

· Instructions on how other Eligible Entities may request permission to participate in MCD01

What Is Included in MCDHH's Interpreter Contract:

· List of the Commonwealth documents, with hyperlinks to the documents themselves, that are incorporated into the MCD01 contract and a short description of their provisions

Communicating Basic Information with the Interpreter/CART Referral Service:

· Elaboration of the information that interpreters, consumers and requesters need to give to the Interpreter/CART Referral Service to establish and maintain accurate records on the Avianco database

Communication Access Requests for Public Events, Conferences, and Other Advance Registration Settings:

· MCDHH's "Best Practices" recommendations for requesters to use in situations when communication access requests are made before the specific consumers needing the communication access services are identified

Job Assignment by MCDHH's Interpreter/CART Referral Service:

· Clarification of the several types of performing arts requests that the Referral Service can accept

· Clarification of the several types of private college/university requests that the Referral Service can accept

· Clarification that the Referral Service cannot accept requests from intermediaries such as interpreter placement services

MCDHH's Quality Assurance Program:

· Statement that a skill-enhancement program will contain a specific amount of time for completion

· Clarification that an interpreter will have two opportunities to correct any issue(s) identified as needing corrective action

Fee-Related Definitions, Formulas, and Calculations / Fee Policies:

· The billing increment is reduced to a quarter hour (fifteen minutes) to bring MCD01 into compliance with MCDHH's other communication access contracts

· The Commonwealth's prompt payment discount is explained, with examples of applicability to MCD01 contractors

· Examples of the cancellation policy are presented

Special Circumstances: Unforeseen Events, Inclement Weather and State of Emergencies:

· This section was expanded significantly in order to offer guidance on a wide range of possible situations potentially interfering with the seamless provision of communication access at a previously-booked event

After the Assignment:

· Expectations are set forth regarding prompt billing by interpreters and prompt payment by MCD01 agencies

VendorWeb:

· Instructions on use of the Commonwealth's VendorWeb are presented, along with a hyperlink to the site, so that interpreters can look up the status of their scheduled payments from Executive Branch agencies

MCDHH Guidance on Supplier Diversity Program Plans:

· Supplier Diversity Program Plans do not have to be filed unless interpreters expect to earn at least $25,000 from Commonwealth of Massachusetts agencies in a fiscal year

· The table of suggested Supplier Diversity Program Plan financial commitments at various earning levels has been adjusted commensurately to the $25,000 threshold

For Reference:

· The three Profile forms used by the Interpreter/CART Referral Service (Interpreter, Consumer and Requester) to collect basic data for the Avianco information management system are included

· Three model invoicing forms (used by/for MCDHH's Freelance Interpreters, MCDHH's Staff Interpreters, and the Administrative Office of the Trial Courts) are included for reference and as models for MCD01 agencies' own use

· 112 CMR 3.00 as updated June 6, 2014 is included for information purposes so MCD01 stakeholders may understand the regulatory background of the Interpreter/CART Referral Service and MCDHH's Interpreter Contract

Definitions

AGENCY

When capitalized, Massachusetts Commission for the Deaf and Hard of Hearing; when used in lower case, any agency of the Commonwealth of Massachusetts

ASL

American Sign Language

AVIANCO

The internet-based scheduling and database system used by MCDHH’s Interpreter/CART Referral Service to manage all aspects of its work processes. At the time of writing Avianco is not yet accessible to all MCD01 contracting agencies and participating entities. MCD01 Interpreters and Transliterators have access to job offers custom-filtered to their individual geographic, subject matter preferences and skill set according to the information provided on the Interpreter Data Sheet submitted with their contract application or renewal packages. The gateway to Avianco is at https://m.mcdhh.net and available via smartphone, tablet and desktop computers.

BASE RATE

The basic hourly rate an individual interpreter is eligible for, based on type of certification/MCDHH approval and years of certification and also type of interpreting provided, e.g., court/legal and DeafBlind.

BILLABLE TIME

The time block from the start time of the event indicated when the interpreter assignment booking is made or the actual starting time, whichever is earlier, and until the actual work time is finished or until the booked finish time, whichever is later, including brief breaks but not including designated lunch or dinner break. Each assignment is billable for an appearance fee equivalent to two hours at the interpreter’s base rate for the assignment (see above). Any time over two hours is billed at the same rate in half hour increments. For assignments of six or more hours in duration, the interpreter must take at least one unpaid meal break of at least thirty minutes. If this is not possible, then the billing should reflect the actual time worked.

BILLING INCREMENT

The unit of time for which MCD01 contractors may bill. The BILLING INCREMENT for the MCD01 contract is the quarter hour, or fifteen minutes. MCD01 contractors should bill to the next quarter hour when submitting invoices for assignments.

BUSINESS CONTRACTOR

As indicated in 112 CMR 3.00, the Regulation governing operation of MCDHH’s Interpreter/CART Referral Service and the provision of interpreters and transliterators for the Deaf and Hard of Hearing, only individual contractors, not business contractors, may participate in MCD01 and its successor agreements

BUSINESS DAYS

Commonwealth of Massachusetts business days; generally, weekdays from 8:45 a.m. to 5:00 p.m. except for holidays as noted on the web site of the Secretary of the Commonwealth of Massachusetts, http://www.sec.state.ma.us/cis/cishol/holidx.htm.

CANCELLATION POLICY

The period before an assignment in which a request may be cancelled without penalty is two full business days prior to the day of the assignment for requests involving interpreting services. Cancellations for interpreter requests are NOT accepted via email. To cancel, call MCDHH's front desk at 617-740-1600 (voice) or 617-326-7546 (VP). Cancellations made less than two full business days prior to the day of the assignment are subject to being billed by the interpreter(s). See the definition of BUSINESS DAYS, above.

Comm-PASS Commonwealth Procurement and Solicitation System, discontinued in February 2014.

COMMBUYS

The Commonwealth’s fully-automated procurement system mandatory for Executive Branch agencies and available to many other entities across Massachusetts. Vendors, including all participants in the MCD01 contract, must register (at no cost) as users of COMMBUYS. The site URL is https://www.commbuys.com/bso/.

CONSUMER

Any individual who is Hearing, Deaf, DeafBlind, Late-Deafened, or Hard of Hearing and who uses or may use an interpreter.

CONTRACTOR

An interpreter/transliterator on contract with MCDHH.

CORI / CORI CHECK

Criminal Offender Record Information. In accordance with Administration policy, the process of signing new contracts and exercising options to renew existing contracts includes CORI checks in which the Contractor is verified to be free of significant criminal justice history.

DEAFBLIND DIFFERENTIAL

An addition to the interpreter’s base hourly rate added in situations when the interpreter provides a method of interpretation requiring ongoing physical contact for the purpose of providing communication access. Such methods include but are not limited to tactile signing, tracking, print on palm, Rochester Method, Lorm Method, and Tadoma Method; close visual signing is not eligible for the DeafBlind differential.

DEPARTMENT

The Massachusetts Commission for the Deaf and Hard of Hearing.

DUAL-CERTIFIED

An interpreter who possesses one of the NIC certifications (NIC, NIC-A, or NIC-M) and one or more of the non-NIC certifications (CI, CT, IC, CDI, etc.).

EFT

Electronic Funds Transfer (EFT) is the expected form of issuing Commonwealth payments to vendors in accordance with the Commonwealth’s Bill Paying Policy and General Payment Policies issued by the Office of the State Comptroller.

INDIVIDUAL CONTRACTOR

An interpreter/transliterator who signs a contract with MCDHH and who also provides the interpreting and/or transliterating services directly. In most cases the Individual Contractor will have W-9 status “individual” or “sole proprietor.”

INTERPRETER

An interpreter / transliterator / oral transliterator / CDI / DeafBlind interpreter whose services are contracted by MCDHH or other consumers. When doing assignments referred by MCDHH, the interpreter is an independent contractor and must be either RID certified or MCDHH Approved.

INTERPRETER/CART REFERRAL SERVICE

The statewide work unit of the MCDHH Department of Interpreter/CART Services, established under MGL c6 § 196, which receives requests for interpreters/transliterators and CART Providers, maintain a roster of qualified individuals to whom interpreting and CART Providing assignments can be referred.

INTERPRETER CONTRACT or MCDHH’S INTERPRETER CONTRACT A shortened name for MCDHH’s Contract MCD01, Interpreters and Transliterators for the Deaf and Hard of Hearing, and used interchangeably with the formal longer name.

IRIS

Interpreter Referral Information System, the database management system previously used by MCDHH’s Interpreter/CART Referral Service and replaced by Avianco.

LIMITED USER CONTRACT

A contract developed by one Department and available for use by one or more eligible entities. MCD01 is a Limited User Contract. Executive Branch Agencies are incorporated as users without further action required on their parts, and additional entities may request to participate as users of MCD01. See the appropriate sections of this document for elaboration. This term replaces the older “Multi-Department Contract” used under Comm-PASS.

MCD01 AGENCY

A Commonwealth agency or other eligible entity that has taken advantage of the opportunity to join the MCD01 Interpreter Services contract. An updated list of MCD01 agencies may be found within COMMBUYS.

MCDHH

Massachusetts Commission for the Deaf and Hard of Hearing

MCDHH APPROVED COURT/LEGAL INTERPRETER

A freelance or staff interpreter who is deemed qualified by MCDHH to interpret in court and legal proceedings according to MGL c221 § 92A. Note: Possession of RID SC: L or CLIP-R does not automatically qualify an interpreter. S/he must be interviewed by the Director of the Interpreter/CART Referral Service to determine his/her qualifications to provide court/legal interpreting.

MCDHH APPROVED INTERPRETER

An interpreter who has participated in the MCDHH Interpreter Screening process and has been approved by the Screening Team.

MEAL BREAK, UNPAID

A legal requirement that, following six hours of work, an individual must take an unpaid break of at least thirty minutes. See the section “Fee Policies” for a discussion of the requirement and its exceptions.

MULTIPLE DEPARTMENT PROCUREMENT / LIMITED DEPARTMENT USER CONTRACT

See “LIMITED USER CONTRACT.”

OFFICE OF THE STATE COMPTROLLER or COMPTROLLER’S OFFICE The agency within the Commonwealth responsible for, among other functions, establishing fiscal and regulatory policies and procedures. An example of a Comptroller’s Office policy is the one directing comply with the Commonwealth payment interval policy. Comptroller’s Office policies and procedures may be changed during the term of a contract without requiring a contract amendment.

OPERATIONAL SERVICES DIVISION (OSD)

A state agency within the Executive Office for Administration and Finance responsible for, among many other functions, overseeing all statewide contracts. OSD’s responsibilities include establishing terms, conditions, policies, and procedures for contracting with agencies of the Commonwealth of Massachusetts. These terms and conditions, policies, and so forth may be changed during the term of the contract without requiring a contract amendment. OSD also runs COMMBUYS, the Commonwealth's enterprise electronic procurement system, and oversees the various Executive Orders that impact procurement such as the Supplier Diversity Program. Contracting forms, informational guidance, and a wealth of other information can be found on OSD's web site, http://www.mass.gov/anf/budget-taxes-and-procurement/oversight-agencies/osd/. Since MCD01 is not a statewide contract OSD is not involved in the oversight or administration of this contract.

OTHER COMMONWEALTH AGENCY / NON-MCD01 AGENCY

A Commonwealth agency or entity that has NOT joined the MCD01 contract. Non-MCD01 agencies may use MCDHH’s Interpreter/CART Referral Services to place job requests, but interpreters must negotiate their own terms and conditions, including rates, with these agencies.

PAYER

The individual or individual representing the agency or organization that is responsible to pay for the interpreting/transliterating service for a particular assignment.

PMT

Procurement Management Team, a group of individuals representing Commonwealth stakeholders in the contract charged with developing the solicitation, evaluating responses, and managing the subsequent contract including contractor performance. This term has been replaced by Strategic Sourcing Team, SST.

PRIVATE ENTITY

A non-governmental organization, company, or individual. Private entities may use MCDHH’s Interpreter/CART Referral Service to place job requests, but MCD01 Interpreters must negotiate their own contract terms and conditions, including rates, with private entities.

PROMPT PAYMENT DISCOUNT

An optional discount offered by the bidder or contractor (interpreter) to the agency in exchange for earlier payment of submitted invoices. Examples include a 2% discount for invoices paid within ten days of receipt (“2%/10”) and a 1% discount for invoices paid within 20 days of receipt (“1%/20”). The current version of the Commonwealth of Massachusetts Standard Contract Form contains a section in which a contractor can indicate Prompt Pay Discount percentages for payments made within ten, fifteen, twenty, and/or thirty days of invoice receipt by the paying agency. (See “Vendor Payment Schedule”) As an example, consider a $100 invoice. An interpreter offering a 2% discount for invoices paid in 10 days will receive $98 but will be paid in ten days rather than 45. An interpreter offering a 1% discount for invoices paid within 20 days will receive $99 and get payment in 20 days rather than 45. Since the interpreter signs up for the prompt payment discount on the contract form, it applies to all MCD01 billings automatically.

REQUESTER

Any individual, agency, or organization requesting interpreter service through the MCDHH Interpreter/CART Referral Services. The Requester is expected to coordinate with the Payer prior to contacting MCDHH’s Interpreter/CART Referral Service to ensure that the requested service(s) will be paid for upon receipt of invoice(s).

RID, Inc.

Registry of Interpreters for the Deaf, Inc. A professional membership based national organization of sign language interpreters/transliterators that also administer a national certification system.

RID CERTIFIED INTERPRETER

An interpreter possessing national certification recognized by the Registry of Interpreters for the Deaf, Inc. EIPA certification is recognized in Massachusetts only for interpreting in educational settings

VENDOR PAYMENT SCHEDULE

The period of time between receipt of a vendor’s invoice and issuance of payment, established by the Office of the State Comptroller by authority of state finance law MGL Chapter 7A § 5. Agencies/departments are expected to comply with the vendor payment schedule unless vendors/contractors offer prompt payment discounts, in which case agencies/departments are expected to issue payments in a shorter period of time in order to take advantage of the discounts. At the time this document is being prepared (February/March 2015), the Commonwealth’s vendor payment period is 45 days.

VENDORWEB

An internet application established and maintained by the Office of the State Comptroller that allows contractors such as interpreters to view their payment history and planned payments from Executive Branch Commonwealth agencies. VendorWeb may be accessed at https://massfinance.state.ma.us/VendorWeb/VendorInstruction.asp. VendorWeb allows interpreters to view details of past and future EFT payments; for instance, the specific invoices (agencies and dollar amounts) making up the total dollar amount of each EFT payment to the interpreter.

VIRTUAL GATEWAY

The Commonwealth’s web-based system to provide a single entry point to all human services programs. It can be accessed at http://www.mass.gov/vg. With the advent of the Avianco system the Virtual Gateway is no longer used to review available interpreting jobs.

For All Users of the MCD01 Contract: The Department of Interpreter/CART Services

What is the MCDHH Department of Interpreter/CART Services?

The Department of Interpreter/CART Services provides numerous services within MCDHH on behalf of the Commonwealth of Massachusetts, some of which are:

· Managing the Statewide Interpreter/CART Referral Service.

· Providing interpreter services to consumers through use of staff and contract interpreters.

· Purchasing Interpreter and CART services when no other entity is legally mandated to do so.

· Providing Interpreter, Transliterator, and Deaf Interpreter Screening services to approve qualified applicants as appropriate.

· Establishing the standard for fees to be charged by freelance interpreters for state paid assignments.

· Providing interpreter training periodically in response to interpreter feedback and request and in cooperation with the Massachusetts Registry of Interpreters for the Deaf, Inc., the Massachusetts State Association for the Deaf, Western Massachusetts Association of the Deaf and Hearing Impaired, Hearing Loss Association of America, Association of Late-Deafened Adults, and/or other community organizations and professional associations.

· Providing CART training in cooperation with the Massachusetts Court Reporters Association and approve qualified applicants as CART Providers to receive referrals from MCDHH and to be paid for MCDHH-paid assignments.

· Providing advocacy to agencies, businesses and consumers regarding interpreter and CART services and related policies.

· Providing consultation and training to agencies, businesses and consumers regarding interpreter and CART services and related policies via the telephone or referral to the CATTS (Communication Access, Training and Technology Services) Department for ‘on-site’ trainings.

· Providing consultation, technical assistance and recommended standards of qualification for working Interpreters/Transliterators.

· Providing consultation on interpreting or CART arrangements in educational settings, and at conferences, hearings and similar events.

· Providing advocacy on behalf of consumers and interpreters on communication access and billing issues.

· Engaging in activities to increase the available pool of qualified interpreters and CART Providers in-state.

The Department of Interpreter/CART Services is located at the administrative office of the Commission in Boston and serves as the central point of contact for the entire Commonwealth of Massachusetts.

The Department of Interpreter/CART Services also provides communication access for MCDHH employees in accordance with the Americans with Disabilities Act (ADA).

For All Users of the MCD01 Contract: The Interpreter/CART Referral Service

What is the MCDHH Statewide Interpreter/CART Referral Service?

One of the most important functions of the MCDHH is the statewide Interpreter/Transliterator and CART Referral Service. MCDHH provides referral services to meet the diverse communication needs of Deaf, Oral Deaf, Late-Deafened, DeafBlind, and Hard of Hearing people in a variety of settings including medical, mental health, and legal. Although MCDHH employs staff interpreters, the majority of requests are filled by freelance Interpreters/Transliterators on contract. All CART requests are filled by freelance CART Providers.

The Interpreters/Transliterators referred by MCDHH are either certified by the Registry of Interpreters for the Deaf, Inc. (RID), a nationally based professional organization, or MCDHH Approved. All Interpreters/Transliterators are required to adhere to a strict code of ethics established by RID. CART Providers enter the profession through a variety of routes and, at present, have no single certifying body. Regardless of professional path, CART Providers are approved by MCDHH and are required to adhere to strict standards of professional conduct.

Who uses the Interpreter/CART Referral Service?

· Requesters (person or entities who are paying for the service).

· Consumers (Deaf, Hearing, Hard of Hearing, Late-Deafened, DeafBlind, etc).

· Providers of services (Interpreters/Transliterators and CART Providers).

What are the working hours of the Interpreter/CART Referral Service?

Referral Specialists work from 8:45 am to 5:00 pm every day that is a business day for the Commonwealth of Massachusetts in Suffolk County.

Is there an After Hours Emergency Interpreter/CART Referral Service?

Yes. The After Hours Emergency Interpreter/CART Referral Service accepts only legal requests.

Does the After Hours Emergency Interpreter/CART Referral Service perform any other services?

The After Hours Emergency Interpreter/CART Referral Service maintains a list of interpreters willing to go to hospitals after hours should an emergency arise. The Service accepts calls from hospitals and gives them the names of on-call interpreters in their areas. Interpreters make themselves available for this service on a voluntary basis; there is no additional stipend for participation.

Who should make a request for an Interpreter/Transliterator or CART Provider?

Deaf, Hard of Hearing, DeafBlind, Late-Deafened and Hearing individuals representing a group or agency such as non-profit organizations, schools, employers and businesses are all consumers of Interpreter/Transliterator or CART Provider services. The request for this service must come from the court, private doctor, individual or agency responsible for paying for the service.

An interpreter request constitutes a commitment to pay for the services that are requested.

How and where can the requester make a request?

· Place a request online through Avianco. This is the preferred method. The online form may be found at https://m.mcdhh.net/request/

· Place a request by fax. The form to use for a fax request may be found at http://www.mass.gov/eohhs/docs/mcdhh/forms/interpreter-cart-request-fax-form.pdf

· Place a request by phone. Call the Interpreter/CART Referral Service at 617-740-1600 voice / 617-740-1700 TTY / 617-326-7546 VP for non-emergency requests between 8:45 a.m. and 5:00 p.m. during Commonwealth of Massachusetts business days

· Place an emergency legal request 24 hours a day, 7 days a week. Call the Interpreter/CART Referral Service at 800-249-9949 voice/TTY.

How far in advance should requests be placed?

Except for emergency mental health, medical and legal requests, no assignments are accepted with less than three business days’ advance notice. Requesters are advised that requests need to be placed as early as possible, because freelance interpreters / transliterators / CART Providers often fill their schedules up to three months in advance. Every attempt will be made to fill requests; however, all requests are subject to the availability of interpreters / transliterators / CART Providers. Priority will be given to those requests involving urgent mental health, medical and legal matters. Generally, MCDHH will notify the contact person as soon as an interpreter has been booked. A one-week notification period will be used for requests for conferences, certain meetings, and other events for which rescheduling is difficult or impossible. MCDHH will continue looking for interpreters / CART Providers until two business days prior to the assignment, giving the requester a two business-day notification if the job is unfilled unless otherwise stated.

Can consumers give feedback about the interpreters, transliterators or CART Provider? Can Requesters, Payers, or interpreters provide feedback about the Interpreter/CART Referral Service?

Yes, we welcome and encourage feedback. Information will be shared internally and with the specific individual as appropriate. Names will not be used without the consumers’ permission. Feedback may be provided by e-mail to the Director at dianne.shearer@state.ma.us. Individuals preferring to use an online form for submission of feedback may find one at http://www.mass.gov/eohhs/gov/departments/mcdhh/programs/cart/cart-interpreter-feedback.html.

For All Users of the MCD01 Contract: Staffing of the Interpreter/CART Referral Service

Staffing of the Interpreter/CART Referral Service

The Interpreter/CART Referral Service Supervisor oversees the Interpreter/CART Referral Service and reports directly to the Director of the Department of Interpreter/CART Services. When fully staffed, there are two Intake Specialists and seven regional Referral Specialists.

Intake Specialists handle all incoming requests and once the needed information has been compiled they assign each request to a Referral Specialist. Interpreter/Transliterator and CART requests are divided into geographical areas of the state and specialties with a Referral Specialist assigned to each area or specialties.

The areas/specialties are:

· Southeastern Mass and Cape Cod

· Boston/Metro – General

· Western Mass

· Central Mass and Statewide CART

Legislative Authority

In December 1985, the passage of Chapter 716 of the Acts of 1985, established the Commission for the Deaf and Hard of Hearing. The specific section of the Law, M.G.L. Chapter 6 § 196 (see the appendix for the full law) mandating a statewide Interpreter/CART Referral Service reads as follows:

“The Commission shall maintain and coordinate a statewide Interpreter Referral Service for use by any public and private agencies and individuals for any situation including emergencies.”

MCDHH is authorized to conduct the Contract Interpreter procurement for all Executive Branch agencies by Code of Massachusetts Regulation pursuant to; MGL 112 CMR 3.00: Commission for the Deaf and Hard of Hearing: Procedures and structures for the provision of Interpreter for the Deaf and Hard of Hearing by state agencies.