MCD06 RFR Contract.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

MCD06 Contract for American Sign Language Interpreters and Transliterators for the Deaf and Hard of Hearing:

RFR / Contract and Procedures For Use by Contractors, Requesters, Payers, Consumers, and All Other Entities Using MCD06

Limited User Contract Which Begins July 1, 2018 Covering the July 1, 2018 to June 30, 2021 Contract Period Contract Initial Term July 1, 2018 to June 30, 2021 with Two Three-Year Options to Renew

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

April 2018 Version

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 MCD06 for ‘American Sign Language Interpreters and Transliterators for the Deaf and Hard of Hearing’ and should be referred to frequently by anyone using that contract in any capacity.”

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TABLE OF CONTENTS

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Welcome from the Director, 2018

April 2018

Warmest Welcome to the MCD06 Community:

I am writing this as we near the end of Interpreter Contract MCD01 and face the beginning of Interpreter Contract MCD06. The three three-year contract periods of MCD01 were times of building an increasingly strong foundation. We put into place clear policies and procedures for greater transparency among all contract users, for example, and thanks to the outstanding efforts of an independent Work Group we implemented a simplified rate structure.

Now, Interpreter Contract MCD06 focuses outward during its three-year initial term of July 1, 2018 to June 30, 2021 and two three-year renewal periods of July 1, 2021 through June 30, 2027. We at MCDHH created Interpreter Contract MCD06 to be more responsive and to address the interests and needs of its several stakeholder groups such as Requesters and Consumers.

This document, the MCD06 RFR / Contract and Procedures Guide, is necessarily lengthy. Please use it as a tool to help guide you through the communication access process as well as to teach you our policies and procedures and business standards no matter which stakeholder group you belong to. Often you can find answers to your questions in the document. The Table of Contents will help focus your browsing. This document functions as the contractual agreement between Interpreters and MCDHH and also lets all other participants in the communication access process know what they can expect.

There has always been a greater need for interpreter services than interpreters to fill that need, but never more so than right now. With more types of job opportunities available to qualified interpreters and more referral services working to book interpreters who choose to freelance, MCDHH’s Interpreter/CART Referral Service needs to use creative thinking to attract interpreter resources. Some of our ideas, which we may put into place during the term of MCD06, are:

· To implement a Provisional Deaf Interpreter category with an appropriate rate for those Deaf Interpreters who have been screened but cannot become certified due to lack of national certification opportunity

· To implement a Commitment of Hours Program in which interpreters agree to provide a certain number of hours of paid work for public agencies or similar organizations in exchange for the value they receive from using the Interpreter/CART Referral Service

· To set up one or more special interest groups in which interpreters can get advanced training and/or real-world experience in a subject matter area of their choice

· To use MCDHH’s leverage and partnerships to bring to life to the ideas you send me as suggestions or pipe dreams or "wouldn't-it-be-great-if" thinking

· To update the Interpreter's Photo Guide with current photographs, in response to a comment we received at the MCD06 Public Hearing, so stakeholders have an up-to-date visual guide to MCD06 Interpreters

· To develop feedback cards for Interpreters to leave with Consumers and any other stakeholders at the end of the job that will be returned to us to provide information on the communication access experience

· To create surveys of one or more stakeholder groups to give us at MCDHH information to help us better meet your needs

We at MCDHH cannot do this on our own, nor should we. So that our efforts to make MCDHH’s Referral Service a more attractive job option to interpreters are fruitful, we want to convene an Advisory Committee of MCD06 stakeholders so that all views are represented. Look for an informational and recruitment mailing in the fall.

Interpreter Contract MCD06 covers nine years (a three-year initial term and two three-year options to renew), taking us from July 1, 2018 all the way through June 30, 2027. I wish I had a crystal ball to let me see how the world will change in those nine years, but I don't. The best I can do is make some guesses.

· A shortage of interpreters will remain constant throughout the period. We need to help make the field of interpreting attractive, and encourage schools to continue and even expand their interpreter training programs.

· Technology will become more integrated into the field of interpreting. MCDHH will need to be aggressive in developing, promoting, and even assisting in enforcing standards for remote interpreting.

· Interpreter licensure will present another challenge. If interpreter licensure becomes reality in Massachusetts and MCDHH is designated the agency to manage it, we will need to define roles and responsibilities of the separate Licensure and Referral operations in such a way as to maintain boundaries without conflict of interest.

These are but a few of the challenges that we will face in the coming nine years. But face them we will. I am committed to maintaining MCDHH's Department of Interpreter/CART Services and the Interpreter/CART Referral Service in its position of national prominence. My colleague and partner in developing this Interpreter Contract MCD06 Guide, Procurement & Contracting Manager Jane Sokol Shulman, often tells me that when she makes phone calls to her professional counterparts across the country for information about their communication access contracts, the first thing she hears is, "Oh, you're from Massachusetts? I'm so jealous!"

That is my goal, and my pledge to you: In the next nine years during the life of Interpreter Contract MCD06, I want to make sure people from other states continue to say, "Oh, you're from Massachusetts? I'm so jealous!" No matter which stakeholder group you belong to, no matter how you use Interpreter Contract MCD06, please join me in working to make this happen.

Wishing you all the best, Dianne Shearer

Dianne Shearer Director, Department of Interpreter/CART Services

Welcome from the Commissioner, 2018

April 2018

MCDHH’s Interpreter/CART Referral Service is a catalyst for accessible communication throughout the Commonwealth of Massachusetts. We connect Requesters with qualified professional Interpreters whose essential and legally mandated interpreting services provide access for people who are Deaf, Hard of Hearing, Late-Deafened, and DeafBlind in an extensive range of healthcare, educational, workplace, legal, business transaction, civic, and social settings. As a participant in our Referral Service, you are an important link in the process of obtaining and utilizing interpreter services to the fullest extent possible in every setting where communication access is required by a person who is Deaf, Hard of Hearing, Late-Deafened, or DeafBlind.

This Manual is designed as a guide for any user of the MCD06 Contract. Our operational procedures are based on connecting interpreters to job assignments with the greatest efficiency. Whether a job request is for an hour or for a full day, for a medical appointment or for a statewide conference, the Manual is organized in sections to assist all participants in knowing how to prepare and what to expect in the communication situation. Our procedures ensure that interpreters who are referred for specialized health, legal, and education situations have the knowledge and experience to provide accurate and effective American Sign Language to English and vice versa interpretation. This is our standard for quality; every situational request we receive is matched with qualified interpreters. Each of these efforts positively impacts availability and compensation of interpreters and results in increased communication access.

MCD06 is a crucial pipeline through which interpreters provide mandated communication access in accordance with the Americans with Disabilities Act. Thirty-two years ago, MCDHH established Interpreter/CART Referral and a host of other progressive, protective, and innovative resources to serve Deaf and Hard of Hearing people within human service, healthcare, safety, legal, education, and economic settings. Today, Deaf, Hard of Hearing, Late-Deafened, and DeafBlind people are increasingly and rightfully engaged as consumers, service providers, employees, employers, participants, and contributors in all aspects of life in the Commonwealth. And, MCDHH handles a massive demand of 30,000 annual requests for interpreter services within our own programs, other state entities, and the provider community. We recognize that the interpreter workforce is both finite in size and vital to meeting the demand for access. We envision leveraging the power of our resources and our interpreter workforce through implementing a service requirement component to MCD06.

We provide interpreters on location as well as utilizing innovative visual technology to make communication access more readily available through video-based devices. We have already begun to use visual technology within MCDHH to expand the availability of our staff interpreters between our regional offices across the state. The result is greater access and increased efficiency. Access demands are greater than ever before, and where remote interpreting is an appropriate alternative to onsite interpreting, we anticipate increased use of Video Remote Interpreting (VRI) among state agencies. Along with the MCD06 Interpreter Contract, MCDHH administers the MCD05 Contract for VRI Services which is a viable alternative for state agencies in certain situations. We envision future opportunities for MCD06 participants to work with us in leveraging the power of technology to increase access through appropriate use of video remote interpreting.

Workforce development, professional training, and earned credentials are essential to the pipeline in the Commonwealth as well as nationally. We commend the college, university, and high school programs which are offering a pathway of courses and flexibility in enrollment so that students can graduate and move forward to enter the field of interpreting. And, where certification standards are evolving, we remain committed to ensuring that our screening and credentialing procedures protect the quality of interpreting services which are so vital to effective communication access.

The enhanced and new content in Interpreter Contract MCD06 comes from a variety of sources. Much stems from internal MCDHH experience acquired during the nine years of Contract MCD01. A number of excellent ideas originate from comments both formal and informal given to me in my contacts with representatives of the various stakeholder groups. An important route through which MCDHH gains access to the thinking and experiences that so enrich this document is testimony at the Public Hearing held earlier this year. [A summary of all comments presented to MCDHH at the Public Hearing is available for review and download in the "Attachments" section of the MCD06 posting on COMMBUYS.] As we go forward in implementing MCD06, we welcome your comments and recommendations. Please take advantage of the opportunity within the “Feedback, Compliments and Complaints” section to share your thoughts with us.

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 requires communication access. And we thank you for matching our commitment to communication access through your participation as a Requester, an Interpreter, a Consumer, or a Stakeholder in another capacity. We look forward to being of service to you.

Most sincerely, Heidi L. Reed Heidi L. Reed Commissioner

Key Changes in Contract MCD06 Relative to the Previous Contract MCD01

The Massachusetts Commission for the Deaf and Hard of Hearing is not presenting major changes in MCD06 Contract for American Sign Language Interpreters and Transliterators for the Deaf and Hard of Hearing compared to its predecessor Interpreter Contract MCD01. Most of the differences in this document compared to the last MCD01 document are in the presentation of information and not in the provisions of the contract. We are introducing a number of efficiencies both in this document and in how we administer the contract; we are clarifying terms, conditions and policies that have been the subject of questions from our various MCD01 stakeholders over the past several years; and we are recognizing the impact of the increasing use of our Avianco scheduling and database software system for all MCD06 users.

Most Significant Points

The most significant changes in Interpreter Contract MCD06 compared to Interpreter Contract MCD01 are as follows:

1. MCDHH set up an e-mailbox specifically for issues related to the MCD06 contract. The address is mcd06contract@state.ma.us. This is to enhance MCDHH’s efficiency in responding to communications.

2. To help MCD06 stakeholders focus in on the information that is most important to them, many sections are identified by the names of the groups for which the information is most relevant, such as “For Interpreters and Transliterators” or “For Requesters and Payers.” This is to enhance stakeholder efficiency in accessing relevant information.

3. Particularly important information in certain sections is summarized in a shaded box. This is to enhance efficiency and effectiveness in communicating key information.

4. Mandatory procedures are established that Requesters must follow when placing communication access requests for certain large and advance registration events. This is a new contract provision.

5. Interpreters can now be compensated for time traveling to assignments when using public transportation. This is a new contract provision.

6. Interpreters and Transliterators are now exempt from the requirements of the Supplier Diversity Program. This is a new contract provision.

The Details

Here are the details:

1. The daily cancellation deadline of 4:30 p.m. was added as a point of clarification.

2. The definition of DeafBlind Differential was modified for consistency with the current rate chart.

3. In the section discussing “Mandatory and Exclusive use of the MCD06 Contract by Executive Branch Agencies,” strategies were presented to maximize the likelihood of obtaining communication access.

4. A new section, “For Requesters: Special Situations – Communication Access Requests for Public Events, Conferences and Other Advance-Registration Settings” presents the requirement for use of advance requests for communication access in many situations, and offers the opportunity for Requesters to discuss communication access strategy for their event with MCDHH.

5. A new section, “For Requesters: Quick Reference Guide,” presents on a single page the most essential information for Requesters to know.

6. The Quality Assurance section emphasizes that MCDHH both accepts and welcomes feedback, compliments and complaints about any element of the communication access experience, not just interpreter performance. Quality assurance communications will continue to go to the Director, Department of Interpreter/CART Services rather than to mcd06contract@state.ma.us to ensure privacy and confidentiality.

7. The simplified Compensation Structure, developed in FY’17 by an external Work Group, is included in this document.

8. A new section explains that the MCD06 contract and the MCD06 compensation rates are two separate documents. This is the MCD06 contract. The MCD06 compensation rate document is available on COMMBUYS. The compensation rate document goes into effect at the same time as the contract and, unless modified, has the same duration.

9. Public transportation travel time is now billable on the same basis as private vehicular travel time.

10. A new section addressing payment by credit card, debit card, ACH and other electronic payment methods for services by MCDHH staff interpreters was added.

11. A new section was added explaining to Requesters and Payers the reasons and benefits for including Deaf Interpreters in the communication access team.

12. Interpreter Contract MCD06 is exempt from the Supplier Diversity Program.

13. A comprehensive list of forms, all available for download on COMMBUYS, replaces the sample forms in the old “For Reference” section.

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 available to interpreters and transliterators and CART Providers but not yet accessible to all MCD06 contracting agencies and participating entities. MCD06 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.

BEI (BOARD FOR EVALUATION OF INTERPRETERS)

The Office of Deaf and Hard of Hearing Services (DHHS) Board for Evaluation of Interpreters (BEI) runs a certification program that is responsible for testing and certifying the skill level of individuals seeking to become certified interpreters in Texas. The BEI certification program is gaining greater acceptance nationally. A growing number of states is offering and accepting BEI certification.

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 quarter 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 according to the exceptions noted in the "Unpaid Meal Break" section of this document, then the billing should reflect the actual time worked.

BILLING INCREMENT

The unit of time for which MCD06 Contractors may bill. The BILLING INCREMENT for the MCD06 contract is the quarter hour, or fifteen minutes. MCD06 Contractors should bill to the next quarter hour when submitting invoices for assignments.

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. To cancel, call MCDHH's front desk no later than 4:30 p.m. at 617-740-1600 (voice) or 617-326-7546 (VP). Cancellations for interpreter requests are NOT accepted via email. 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.

COMMBUYS

The Commonwealth’s fully-automated procurement system mandatory for Executive Branch agencies and available to many other entities across Massachusetts. MCD06 vendors (ASL Interpreters and Transliterators) must register (at no cost) as users of COMMBUYS. COMMBUYS is also available to other participants and stakeholders. 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. As defined in 112 CMR 3.3, a contractor is "a sign language interpreter or other provider of communication access whose services are contracted through MCDHH and who provides services directly to or on behalf of a State Agency. Sign language interpreter contractors may not utilize employees or subcontractors."

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. CORI checks are performed outside of MCDHH and, as a result, the time required is beyond MCDHH’s control.

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, pro-tactile, tracking, print on palm, Rochester Method, Lorm Method, and Tadoma Method; close visual signing is not eligible for the DeafBlind differential. Instead, close visual signing is eligible for a “close vision approved” addition to the interpreter’s base hourly rate when interpreters are booked to provide this type of interpretation.

DEPARTMENT

The Massachusetts Commission for the Deaf and Hard of Hearing.

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.

FREELANCE CUSTOMER

See "Private Entity."

INTERPRETER

An interpreter / transliterator / oral transliterator / Certified Deaf Interpreter or CDI / DeafBlind interpreter / Deaf Interpreter or DI 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 certified by RID, NAD or BEI 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 and maintains 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 MCD06, American Sign Language Interpreters and Transliterators for the Deaf and Hard of Hearing," and used interchangeably with the formal longer name.

LIMITED USER CONTRACT

A contract developed by one Department and available for use by one or more eligible entities. MCD06 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 MCD06. See the appropriate sections of this document for elaboration. This term replaces the older “Multi-Department Contract” used under Comm-PASS.

MCD06 AGENCY

A Commonwealth agency or other eligible entity that has taken advantage of the opportunity to join the MCD06 Interpreter Services contract. An updated list of MCD06 agencies may be found within COMMBUYS.

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 in the Commonwealth.

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.”

NAD (NATIONAL ASSOCIATION OF THE DEAF)

The NAD sponsored an interpreter assessment and certification program (NIC) consisting of an interview component assessing knowledge and ethics and a performance segment. The assessments, when successful, led to the NAD series of certifications. This program is no longer active.

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 compliance 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 MCD06 is not a statewide contract OSD is not involved in the direct administration of this contract.

OTHER COMMONWEALTH AGENCY / NON-MCD06 AGENCY

All Executive Branch agencies are automatically participants in Contract MCD06. The section "List of Executive Branch Agencies" contains these agencies by Secretariat, name, three-letter MMARS code, and four-digit COMMBUYS code. Commonwealth agencies outside the Executive Branch may join MCD06 by written request and thereby take advantage of all of its provisions, terms and conditions. Commonwealth agencies that have NOT joined MCD06 must still use MCDHH’s Interpreter/CART Referral Services to place job requests, but must negotiate terms and conditions, including rates, with interpreters who accept their jobs.

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 MCD06 Interpreters must negotiate their own contract terms and conditions, including rates, with private entities. Private Entities are also referred to as "Freelance Customers." Note that some private entities are eligible to join MCD06 by written request to MCDHH (see section “Use of MCD06 Contract by Other Commonwealth Agencies and 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 interpreter indicates participation in the Prompt Payment Discount program on the Standard Contract / Standard Contract Amendment form by checking the desired PPD percentage. The PPD is then automatically applied to all of the interpreter's MCD06 invoices automatically. 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.

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 administers a national certification system and oversees the awarding of continuing education units (called CEUs). The examination function, previously performed by RID, has been transferred to a separate entity the Center for Assessment of Sign Language Interpreters (CASLI).

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 (March 2018), 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.

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. Thus MCDHH is responsible to establish qualifications and standards for Interpreters/Transliterators who provide services to Deaf, Oral Deaf, Late-Deafened, DeafBlind, and/or Hard of Hearing individuals in a variety of settings.

For All Users of the MCD06 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 of 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 MCD06 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 certified either by the Registry of Interpreters for the Deaf, Inc. (RID), a nationally based professional organization, the National Association of the Deaf (NAD) or MCDHH Approved.[footnoteRef:1] All Interpreters/Transliterators are required to adhere to a strict Code of Professional Conduct 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. [1: Throughout this document, the term "certified' will be used instead of the wordier and more cumbersome phrase, "RID / NAD and possibly BEI certified."]

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, called "Resources" on the Avianco system (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 appropriate on-call interpreters. 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://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 two 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 Requester as soon as an interpreter has been booked. A check-in date will be established with the Requester prior to conferences and certain meetings. It can vary between one week, one month, and two months when rescheduling is not an option. 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.

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 other arrangements are made.

For All Users of the MCD06 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, Cape Cod and Islands

· Boston/Metro – General

· Western Mass

· Central Mass and Statewide CART

Mandatory and Exclusive Use of the MCD06 Contract by Executive Branch Agencies

In March 2012 a Policy Initiative, “Quality Assurance Policy for ASL Interpreter and CART Services,” was adopted by the Executive Office of Health and Human Services on behalf of the Executive Branch of the Commonwealth of Massachusetts mandating that all Executive Branch agencies obtain communication access services exclusively through MCDHH’s Interpreter/CART Referral Service. The Policy Initiative contains the following statement:

The Code of Massachusetts Regulations, 112 CMR 3.00, establishes structures and procedures for the provision and purchase of interpreter services for the Deaf and Hard of Hearing by state agencies. The Massachusetts Commission for the Deaf and Hard of Hearing (MCDHH, or the Commission) Interpreter/CART Referral Service is designated by statute, MGL c. 6 sec. 196, as the central point for state agencies to obtain services of interpreters for the Deaf and Hard of Hearing constituents [112 CMR 3.02(2)]. The Commission is authorized to establish and maintain standards of quality for interpreters, and Executive Branch agencies are accordingly expected to obtain both general and specialized interpreter and CART services exclusively from contracts administered by MCDHH (MCD01[interpreter], MCD03 [CART] and successor contracts). The Legislative Branch, the Constitutional Offices, the Public Institutions of Higher Education, and Independent Public Authorities are excluded from mandatory compliance but may voluntarily obtain both general and specialized interpreter and CART services from contracts administered by MCDHH.

MCDHH is the central point of contact for state agencies to obtain qualified American Sign Language (ASL) Interpreters and Communication Access Real Time Translation (CART) services. MCDHH establishes standardized credentials and compensation rates for ASL interpreting and CART services.

Effective communication access can only be assured when the specific communication needs of an individual are matched with a qualified interpreter in possession of the knowledge and skills necessary to meet that individual’s needs. The MCDHH Interpreter/CART Referral Service knows the particular needs of the people it serves and the expertise of each of the interpreters and CART providers contained in the Interpreter/CART Referral Service roster.

For the protection of Deaf, Hard of Hearing, and DeafBlind constituents as well as agency personnel and others involved in service delivery, all Executive Branch agencies are to obtain ASL interpreter and CART services exclusively from the procurement contracts MCD01 (interpreters), MCD03 (CART Services) and any subsequent contracts for these services administered by MCDHH.

As the successor contract to MCD01, MCD06 is the contract that Executive Branch agencies must use "to obtain ASL interpreter and CART services exclusively from the procurement contracts MCD01 (interpreters), MCD03 (CART Services) and any subsequent contracts for these services administered by MCDHH."

MCDHH knows that the demand for qualified interpreters continues to exceed the supply, a situation that is likely to continue in the foreseeable future. In recognition of this reality we suggest the following:

1. Agencies and Requesters should review the chart in the section “For All Users of the MCD06 Contract: The Interpreter/CART Referral Service” which contains guidance on how far in advance requests should be made and when Requesters should check in with Referral

2. Establishing one or more alternate dates for the event can increase the likelihood that communication access can be found for at least one of the dates; consulting with Referral when choosing primary or alternate dates can be helpful because Referral may be able to suggest scheduling options with fewer known conflicts and competition for communication access resources

3. As noted in the section “For Requesters: Special Situations – Communication Access Requests for Public Events, Conferences and Other Advance-Registration Settings,” an advance discussion with the Director of Interpreter/CART Services can be helpful in planning a communication access strategy most likely to yield filled requests

4. Finally, some communication situations might appropriately use MCDHH’s Contract MCD05: Video Remote Interpreting Services. Agencies interested in learning more about this Limited User Contract should contact Jane Sokol Shulman at jane.sokol.shulman@state.ma.us.

List of Executive Branch Agencies

The following list, published by the…