MCD10 User Guide.pdf

MCD10 USER GUIDE

RFR Section #8: Contract Performance and

Business Specifications

CONTRACT FOR

SIGN LANGUAGE INTERPRETERS

FOR THE

DEAF AND HARD OF HEARING:

For Contractors, Requestors, Payers, Consumers, and All Other Entities Using MCD10

Limited User Contract Covering the July 1, 2025 to June 30, 2034 Contract Period

Contract Initial Term July 1, 2025 to June 30, 2028 with Two Three-Year Options to Renew

Dr. Opeoluwa Sotonwa, Commissioner

Cat B. Dvar, Director of Communication Access Services

January 2025 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 MCD10 for Sign Language Interpreters for the

Deaf and Hard of Hearing and should be referred to frequently by anyone using that contract in any capacity.

TABLE OF CONTENTS

TABLE OF CONTENTS

LETTER FROM THE COMMISSIONER, 2025

WELCOME FROM THE DIRECTOR, 2025

DEFINITIONS

WELCOME TO THE MCD10 USER GUIDE

LEGISLATIVE AUTHORITY

MANDATORY AND EXCLUSIVE USE OF THE MCD10 CONTRACT BY EXECUTIVE

BRANCH AGENCIES

COMPENSATION RATES

CENTRALIZED BILLING

STRUCTURE AND FUNCTION OF THE INTERPRETER CONTRACT

GUIDANCE ON CONFLICT-OF-INTEREST LAW FOR INTERPRETERS WHO ARE

EMPLOYED BY STATE AGENCIES AND ALSO ACCEPT FREELANCE WORK

SUPPLIER DIVERSITY PROGRAM PLAN REQUIREMENT

INTERPRETER INSURANCE COVERAGE

COURT AND LEGAL INTERPRETERS MUST BE MCDHH QUALIFIED AND

APPROVED

COURT INTERPRETER GUIDELINES

THE MCDHH INTERPRETER/CART REFERRAL SERVICE (REFERRAL)

REFERRAL STAFFING

PLACING REQUESTS AND BOOKING INTERPRETERS

WHEN A DEAF INTERPRETER IS NEEDED

MAKING A REQUEST FOR COMMUNICATION ACCESS SERVICES

TYPES OF REQUESTS

INTERPRETER/REQUESTOR COMMUNICATION

ASSIGNMENT CANCELLATIONS AND/OR INTERPRETER WITHDRAWALS

EXAMPLES OF HOW THE CANCELLATION POLICY IS APPLIED

CANCELLATIONS DUE TO UNFORESEEN EVENTS, INCLEMENT WEATHER, AND

STATES OF EMERGENCY

EXPOSURE TO PATHOGENS

CANCELLATION OF ASSIGNMENTS BOOKED WITHIN THE SAME BUSINESS DAY 45

GUIDANCE FOR PRIVATE ENTITIES

COMMUNICATING WITH REFERRAL

RATE ADJUSTMENT: COURT VS. LEGAL RATES

DEAFBLIND INTERPRETING AND SERVICES FOR DEAFBLIND PEOPLE

CREDENTIALING FOR AND DEFINITION OF TRILINGUAL INTERPRETING

ADDITIONAL CHARGE FOR PREP TIME

CERTIFICATION CHANGES IMPACTING RATES

APPEARANCE FEE

BILLING INCREMENT

MILEAGE REIMBURSEMENT, TRAVEL TIME, AND PARKING REIMBURSEMENT

PROMPT PAYMENT DISCOUNT (PPD)

LATE PENALTY INTEREST FOR STATE AGENCIES

PAYMENT BY CREDIT CARD, DEBIT CARD, ACH, AND OTHER ELECTRONIC

PAYMENT METHODS

SPECIAL CIRCUMSTANCES

TIMELY AND ACCURATE BILLING

VENDORWEB: SEEING PAYMENTS ONLINE

PERFORMANCE EXPECTATIONS FOR MCD10

APPENDIX

Use of MCD10 Contract by Other Commonwealth Agencies and Entities

Executive Branch Agencies

For Requestors: Using Referral and the MCD10 Contract

For Interpreters: COMMBUYS Registration

What’s In the MCD10 Contract

The MCDHH Screening

Reciprocity

Communication Access Requests for Special Situations (Complex Requests)

For Interpreters: VendorWeb

For Interpreters: Supplier Diversity Program and the Supplier Diversity Program Plan

For Reference: List of MCD10 Forms

For Interpreters and Requestors: Interpreter Liability/Malpractice Insurance

LETTER FROM THE COMMISSIONER, 2025

Dear Stakeholders, As we commemorate nearly four decades of advancing equal access and opportunities for Deaf and Hard-of-Hearing individuals in the Bay State, I want to reaffirm MCDHH’s commitment to innovative and inclusive practices. Our Interpreter/CART Referral Service has been a cornerstone of our effort to bridge communication gaps in various sectors, including human services, healthcare, education, and employment.

In response to the increasing need for interpreter services and the evolving industry trends, MCDHH has introduced some changes to the MCD10 User Guide. These changes were made after a lengthy process, including feedback from stakeholders, and were in line with industry best practices, prioritizing accessibility, efficiency, and quality. Cat Dvar will provide a synopsis of these changes in her letter on the next page. We firmly believe that these changes will ensure our services remain responsive to the changing needs of our constituents and will continue to position Massachusetts as the pre-eminent state in the nation in the realization of accessibility.

MCDHH recognizes the critical role of interpreters in facilitating accessible communication. To this end, we have implemented a wide range of service requirement components to the MCD10 contract process to optimize interpreter utilization and reduce access barriers. This strategic initiative will enable us to leverage our resources better, enhance service delivery, and promote greater inclusivity.

The MCD10 User Guide has been redesigned, focusing on user-friendliness, clarity, and transparency. As part of this redesign, we have removed the rate chart. This decision was made to simplify the contracting process, reduce potential misunderstandings, and allow for more efficient and effective partnerships. We believe this change will foster a more collaborative and transparent relationship with our partners.

As we move forward, MCDHH remains dedicated to exploring innovative solutions, embracing technological advancements, and fostering collaborative relationships with stakeholders. Our commitment to accessible communication is unwavering, and we are confident that this enhanced contract will play a vital role in promoting equal access and opportunities for Deaf and Hard-of-Hearing individuals.

Thank you for your partnership and unwavering commitment to communication access. Together, we are not just working towards but actively creating a more inclusive and accessible environment. Your role in this mission is crucial, integral, and deeply appreciated. We look forward to your continued support.

Most sincerely, Dr. Opeoluwa Sotonwa Commissioner

WELCOME FROM THE DIRECTOR, 2025

July 2025

Hello Freelance Interpreters, Requestors, Referral, Consumers, and welcome to MCD10.

I hope the last several years since the onset of the COVID-19 pandemic have treated you well and that you have found ways to thrive despite the adversity.

Even as we have found ways to move on since 2020 and have regained much of what we once considered “normalcy,” we must also acknowledge a new normal, where remote work dominates our field. This means interpreters are no longer available as they once were for on-site assignments, and we have to think creatively about service delivery.

We continue to ask for your help and support. Please take this opportunity to share ideas you may have, skills you may bring, and ways you can help us think outside the box to help us increase both the numbers of interpreters we have on our contract and the diversity of those numbers. We are actively engaging in workforce development through our Workforce Development Program and Initiatives. We hope you continue to partner with us in the creation of a robust communication access provider pipeline that addresses every step along the way of the pipeline, from first exposure to interpreting and CART provision to assignment satisfaction in the field ten to twelve years on. The intent is to create a stable workforce increased in both numbers and diversity, reflective of the communities it serves.

Here are some of the initiatives we’re working on:

• We are redesigning the MCDHH Statewide Interpreter Screenings, to ensure diversity, equity, and inclusion in every aspect of the Screening process, from offering the Screening online to reach historically underserved communities, to diversifying and increasing our evaluator pool, to creating a Screening Evaluation System that truly reflects the diverse communities we serve.

• By the time you read this, we will have completed our second Sign Language Interpreter Mentorship Pilot Program and will be applying what we’ve learned from the first 2 pilots to establish an expanded and permanent program. We hope this will be a major foundational support in the creation of a bridge from interpreter education (in all its forms) to the world of professional interpreting work.

• Our Workforce Development Coordinator is working hard on robust outreach and recruitment efforts targeting both novice and seasoned Sign Language interpreters and CART captioners, with the goal of increasing both numbers and diversity amongst those provider pools.

• We are revamping our Communication Access Services (CAS) Division web pages, increasing accessibility, flow of information, and transparency between MCDHH, all of you, and the diverse consumer communities we serve.

• We hope to update the Interpreter's Photo Guide with current photographs and post that on our website, in response to a comment we received at the MCD10 Public Hearing and during our FY24 Listening Sessions, so stakeholders have an up-to-date visual guide to interpreters.

• We continue with our Interpreter/CART Referral Modernization efforts.

We have worked hard to streamline the MCD10 RFR / Contract and Procedures Guide. The Table of Contents can direct you where you need to go for important policies and guidance.

I do want to take this opportunity to remind you that as freelance interpreters you are independent contractors, free to work whatever hours you wish: day or night, weekends, holidays, many hours or not at all. MCDHH cannot offer rate differentials based on when you choose to work.

Interpreter Contract MCD10 covers nine years (a three-year initial term and two three-year options to renew), taking us from July 1, 2025 to June 30, 2034. We anticipate the following:

• A shortage of interpreters will remain constant throughout the period. We need your support and collaboration as we advance our Workforce Development Projects and Initiatives to increase the numbers and diversity of our interpreter pool.

• Technology and interpreting online through a variety of video platforms is here to stay. MCDHH will need to be more aggressive in developing, promoting, and even assisting in enforcing standards for remote interpreting.

I have repeatedly mentioned partnering with all of you throughout this letter. Please reach out with your ideas and suggestions to me at cat.b.dvar@mass.gov. Through our Workforce Development Programs, we are really trying to do something different, to think outside the box, to push the boundaries, to be a leader in the field of communication access provision such that other states will want to replicate our programs. I hope you will join me and the MCDHH Team, under the inspiring leadership of Commissioner Opeoluwa Sotonwa and Chief of Staff Sharon Harrison, to make this happen.

Wishing you all the best, Cat B. Dvar Cat B. Dvar Director of Communication Access Services

MCDHH

mailto:cat.b.dvar@mass.gov

DEFINITIONS

ADMINISTRATION

“Administration” means the Executive Branch

AGENCY

“Agency” or “the Agency” means the Massachusetts Commission for the Deaf and Hard of Hearing.

A Commonwealth agency or other eligible entity that has taken advantage of the opportunity to join the Interpreter Services contract. All Executive Branch agencies are automatically participants in the MCD10 Contract. Commonwealth agencies outside the Executive Branch may join by written request and thereby take advantage of all of its provisions, terms and conditions. Commonwealth agencies that have NOT joined MCD10 must still use MCDHH’s Interpreter/CART Referral Services to place requests for communication access, but must negotiate terms and conditions, including rates, with interpreters who accept their assignments.

ASL

American Sign Language.

ASL/SPOKEN ENGLISH INTERPRETER

An individual who interprets between American Sign Language (ASL) and spoken English. Although this is primarily what interpreters do, MCDHH expects interpreters to provide translation work from ASL to written English and vice versa from time to time, as well.

BASE RATE

The hourly rate an individual interpreter is eligible for based on type of interpreting credential/s they possess coupled with years of experience, prior to adding differential pay for specialties like court/legal or DeafBlind interpreting.

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. MCDHH accepts BEI certification due to its national recognition.

BILLABLE TIME

The time block that runs from the start to the end of the booked assignment plus any time added, such as if the assignment runs beyond the booked time or if the requestor asks the interpreters to appear more than 15 minutes early. Interpreters are entitled to bill an appearance fee equal to 2 hours at their base rate (see above) for any assignments up to 2 hours in length. For assignments that run beyond the booked time, interpreters will bill in quarter hour increments.

BILLING INCREMENT

The unit of time for which Contractors may bill. The billing increment for the contract is the quarter hour, or fifteen minutes. For assignments that run beyond the booked time, interpreters 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 MCDHH policy that delineates the period before an assignment in which a request may be cancelled without penalty. In order not to incur an invoice for interpreter services, requestors must cancel their request/s two full business days prior to the day of the assignment. To cancel, contact 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. Referral accepts cancelations via an online cancellation form which can be found at https://www.mass.gov/how-to/how-to-request-an-asl-interpreter-or-cart-provider. Cancellations may be made online via MCDHH’s website at https://www.mass.gov/forms/request-to-cancel-interpreting-cart-services.

No faxes accepted.

COMMBUYS

The Commonwealth’s fully automated procurement system mandatory for Executive Branch agencies and available to many other entities across Massachusetts. Vendors (Sign Language Interpreters) must register (at no cost) as users of COMMBUYS. COMMBUYS is also available to other participants and stakeholders. The site is https://www.commbuys.com/bso/.

CONSUMER

Any individual who is receiving communication access services from the MCDHH Interpreter/CART Referral Department.

CONTRACTOR

An interpreter on contract with MCDHH. As defined in 112 CMR 3.3, “Sign language interpreters as contractors may not utilize employees or subcontractors.” This means that business entities are not eligible to use this contract.

CORI/CORI CHECK

Criminal Offender Record Information. In accordance with Executive Branch policy interpreters who are signing new contracts and/or exercising options to renew on existing contracts are required to be CORI checked to ensure they are 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.

DEAF INTERPRETER

A deaf interpreter (DI) is a culturally Deaf person with native fluency in ASL who is also an expert in visual gestural communication (VG). DIs broker communication in situations where an ASL/spoken English interpreter alone cannot.

DEAFBLIND

The New England Consortium on Deafblindness (NEC) defines deafblindness as combined vision and hearing loss, which may challenge a person’s ability to communicate, interact with others, access information, and move about safely.

http://www.sec.state.ma.us/cis/cishol/holidx.htm https://www.mass.gov/how-to/how-to-request-an-asl-interpreter-or-cart-provider https://www.mass.gov/how-to/how-to-request-an-asl-interpreter-or-cart-provider https://www.mass.gov/forms/request-to-cancel-interpreting-cart-services https://www.commbuys.com/bso/

DEAFBLIND DIFFERENTIAL

An addition to the interpreter’s base hourly rate added in situations when the interpreter provides a mode of interpretation for which they are specially trained that ensures communication access for the DeafBlind person. Such communication modes include but are not limited to tactile signing, ProTactile, Haptics, tracking, print on palm, Rochester Method, the Lorm Method, and Tadoma Method.

DEPARTMENT

The Massachusetts Commission for the Deaf and Hard of Hearing (MCDHH).

EFT

Electronic Funds Transfer (EFT). 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

Any person Deaf, Child of Deaf Adult (CODA), or hearing who provides interpretation or oral transliteration services who is contracted by MCDHH or other entities. When doing assignments referred by MCDHH, the interpreter is an independent contractor and must be certified by RID (see below), NAD (see below) or BEI (see above) or be MCDHH Approved. 112 CMR 3.00 defines “interpreters” as individuals. This means that agencies and businesses cannot participate in Contract as vendors or contractors.

INTERPRETER/CART REFERRAL SERVICE

The statewide work unit of the MCDHH Communication Access Services Division, established under MGL c. 6 § 196, which receives requests for interpreters and CART Captioners and maintains a roster of qualified individuals to whom it refers communication access assignments.

INTERPRETER CONTRACT or MCDHH’S INTERPRETER CONTRACT A shortened name for "MCDHH’s MCD10Contract, Sign Language Interpreters 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 (such as other state agencies, for example) is a Limited User Contract. Executive Branch Agencies are incorporated as users without further action required, and additional entities may request to participate as users of the contract.

MCDHH APPROVED COURT/LEGAL INTERPRETER

A freelance or staff interpreter who has met the MCDHH court training and induction requirements, passed the MCDHH Legal Interview, and is deemed qualified by MCDHH to interpret in court and legal proceedings according to MGL c221 § 92A. Note: Possession of RID SC: L, BEI:Legal or CLIP-R does not automatically qualify an interpreter to join the contract. The Director of Communication Access Services must determine their qualifications to provide court/legal interpreting in the Commonwealth.

https://public.powerdms.com/MAComptroller/documents/1779647

MCDHH APPROVED INTERPRETER

An interpreter who has participated in the MCDHH Interpreter Screening process and has been approved to provide entry-level interpreting services by an independent screening evaluation panel.

NAD (NATIONAL ASSOCIATION OF THE DEAF)

In the past, the NAD sponsored an interpreter assessment and certification program, 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 although interpreters frequently include their NAD certification level(s) when presenting their credentials. See https://rid.org/rid-certification-overview/available-certification/nic-certification/.

OFFICE OF THE STATE COMPTROLLER or COMPTROLLER’S OFFICE (CTR) 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)

The state agency within the Executive Office for Administration and Finance responsible for overseeing all statewide contracts. OSD’s responsibilities include establishing terms, conditions, policies, and procedures (terms and conditions) for contracting with agencies of the Commonwealth of Massachusetts. These terms and conditions 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 website, http://www.mass.gov/anf/budget-taxes-and-procurement/oversight-agencies/osd/. Since MCD10 is not a statewide contract, OSD is not involved in the direct administration of this contract.

PAYER

The individual or individuals representing the entity that is responsible to pay for the interpreting services for a particular assignment.

PRIVATE ENTITY

A non-Commonwealth organization, company, or individual. Private entities may use MCDHH’s Interpreter/CART Referral Service to place requests for communication access, but MCD10 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 MCD10 by written request to MCDHH (see section “Use of Contract by Other Commonwealth Agencies and Entities”).

PROMPT PAYMENT DISCOUNT (PPD)

A discount the interpreter can offer to the agency in exchange for earlier payment of submitted invoices. Examples include the interpreter offering a 2% discount on their total bill if the agency pays it within 10 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 MCD10 invoices. As an example, consider a $100 invoice. An interpreter offering a 2% discount for invoices paid in 10 days will http://www.mass.gov/anf/budget-taxes-and-procurement/oversight-agencies/osd/ http://www.mass.gov/anf/budget-taxes-and-procurement/oversight-agencies/osd/ 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.

REFERRAL

Where the term “referral” means the act of doing interpreter and CART referral and “Referral” means the CART/Interpreter Referral Services Department

REQUESTOR

Any individual, agency, or organization requesting interpreter service through the MCDHH Interpreter/CART Referral Services. The Requestor 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).

Registry of Interpreters for the Deaf (RID), INC.

Registry of Interpreters for the Deaf, Inc. (RID) is a professional membership-based national organization of Sign Language interpreters that also administers a national certification system and oversees the awarding of continuing education units (contacted 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 (interpreter’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 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 (December 2024), 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 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.

https://massfinance.state.ma.us/VendorWeb/VendorInstruction.asp

WELCOME TO THE MCD10 USER GUIDE

The following section explains the laws and policies that are the foundation for the MCD10 contract and the User Guide.

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 who provide services to Deaf, Oral Deaf, Late-Deafened, DeafBlind, and/or Hard of Hearing individuals in a variety of settings.

MANDATORY AND EXCLUSIVE USE OF THE MCD10 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 (MCD10 [interpreter], MCD08 [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 contained in the MCD10 Referral 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 MCD10 (interpreters), MCD08 (CART Services) and any subsequent contracts for these services administered by MCDHH.

As the successor contract to MCD06, MCD10 is the contract that Executive Branch agencies must exclusively use "to obtain ASL interpreter services. "

MCDHH knows that the demand for qualified interpreters continues to exceed the supply, so we suggest the following:

1. Agencies and Requestors should place requests at least 2 weeks in advance when possible.

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. A discussion in advance with the Director of Communication Access Services can be helpful in planning a communication access strategy most likely to yield filled requests.

3. 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@mass.gov.

For a list of Executive Branch Agencies and information for how Commonwealth and private entities can participate in, please see the APPENDIX.

mailto:jane.sokol.shulman@mass.gov

COMPENSATION RATES

The Massachusetts Commission for the Deaf and Hard of Hearing is charged with establishing rates for interpreter services in 112 CMR 3.00:

Purchase of Interpreter Services. The MCDHH shall establish rates for the purchase of interpreter services and shall review those rates periodically. All rates will be adjusted as appropriate and needed after consideration of comments and relevant information solicited from representatives of organizations, associations, and service providers of or working with Deaf, Hard of Hearing, DeafBlind, and Late-Deafened persons in the Commonwealth, including but not limited to the Massachusetts Registry of Interpreters for the Deaf, the Massachusetts State Association of the Deaf, and the Massachusetts chapters of the Association of Late-Deafened Adults, the Alexander Graham Bell Association for the Deaf, and the Hearing Loss Association of America or their successors.

Rates are established at the beginning of the MCD10 contract term and will remain in effect for the duration of the contract or renewal period. MCD10 stakeholders (Interpreters, Consumers, Requestors, Payers, and/or “representatives of organizations, associations, and service providers of or working with Deaf, Hard of Hearing, DeafBlind, and Late-Deafened persons in the Commonwealth” as noted above) may petition MCDHH’s Commissioner, in writing to review and revise the rates by October 31 for a change to be effective the following July 1. The written petition should contain a specific proposal and justification for the suggested rate modification. The MCDHH Commissioner shall review the petition and, if accepted, will convene a Public Hearing to elicit comment from stakeholders.

MCD10 INTERPRETER COMPENSATION RATES ARE SEPARATE

FROM THIS DOCUMENT.

The MCD10 Interpreter Compensation Rates go into effect at the beginning of the contract and stay in effect for the full contract term unless they are updated. If rates are changed during the term of a contract (or during a renewal period) the new rates can begin on the date determined by the Commissioner of MCDHH without requiring the execution of contract amendments for each MCD10 contract participant. The rate chart can be found here: https://www.mass.gov/info-details/interpreter-service-rates.

The MCD10 rate schedule may be found on the "Attachments" section of the MCD10 contract in COMMBUYS, https://www.commbuys.com/bso/. These rates apply to all assignments placed by MCD10 agencies. These rates do not apply to Commonwealth agencies not participating in https://www.mass.gov/info-details/interpreter-service-rates https://www.commbuys.com/bso/ the MCD10 contract or to private entities. Interpreters must negotiate standard rates and rate-related policies directly with the paying entities for these assignments.

A list of current MCD10 interpreters and their rates is placed in the "Attachments" section of the MCD10 contract in COMMBUYS, https://www.commbuys.com/bso/. This list is updated approximately quarterly.

MCDHH shall revise and update interpreter rates from time to time as necessary.

The rate structure has two components:

• a base rate, which depends on the interpreter’s credential status and years holding those credentials, and

• specialization differentials.

Years Credentialed: MCDHH recognizes that interpreter skill level increases with long-term membership in RID or NAD and concomitant continuing education. Therefore, the MCD10 rate structure contains a system of rewarding years of certification with raises in the interpreter’s compensation rate. This built-in raise occurs automatically every five years on the anniversary date of the interpreter's certification. Interpreters should notify Referral if their rate increase does not happen automatically.

The rate increase is based on the number of years of continuous certification. Any years where certification has lapsed will not be included in the calculation. An interpreter believing that they should have the lapsed years counted towards rate computation purposes may contact Cat Dvar, Director of Communication Access Services at cat.b.dvar@mass.gov. The Director's determination will be final.

mailto:cat.b.dvar@mass.gov

CENTRALIZED BILLING

In July 2022, the Executive Office of Health and Human Services (EOHHS) established Centralized Billing for all agencies falling under the EOHHS umbrella. The purpose is to have one central point of billing and payment for communication access service providers.

The current list of agencies under EOHHS can be found at Executive Office of Health and Human Services | Mass.gov and in the Appendix.

FOR INTERPRETERS:

For all assignments under EOHHS billing, the invoice is sent to MCDHH for payment to MCDHHAP@mass.gov. Each service date must be submitted on a separate invoice, even if it is an ongoing assignment. The invoice must also include the Request ID and a brief description of the assignment/agency. All invoices must have a Request ID to be paid by Centralized Billing.

Invoices should be submitted within two weeks of the assignment.

It is important to note that if you were directly booked by the agency, and not through Referral, the invoice is not billable through Centralized Billing. It must be sent to the agency.

https://www.mass.gov/orgs/executive-office-of-health-and-human-services#:%7E:text=The%20Executive%20Office%20of%20Health%20and%20Human https://www.mass.gov/orgs/executive-office-of-health-and-human-services#:%7E:text=The%20Executive%20Office%20of%20Health%20and%20Human mailto:MCDHHAP@mass.gov

STRUCTURE AND FUNCTION OF THE INTERPRETER CONTRACT

MCDHH establishes and maintains a Contract for Sign Language Interpreters for the Deaf and Hard of Hearing, informally known as the “Interpreter Contract.” Interpreters may join the Contract at any time on a rolling basis.

MCDHH is the lead agency charged with developing this Contract on behalf of a number of Commonwealth agencies. Any Commonwealth agency may use this contract simply by making a request to do so with the Contract Manager, Jane Sokol Shulman, at MCDHH. Email requests to MCDHHContract@mass.gov.

All Executive Branch agencies are automatically enrolled in MCD10.

The functions of the Interpreter Contract are as follows:

• To allow individual interpreters to be on the MCDHH Referral roster of interpreters for both state and private assignments.

• To allow MCDHH and other state entities to pay interpreters who are covered by the Interpreter Contract.

• To eliminate the need for other state entities to establish their own individual contracts with interpreters by providing a single contract that any state entity can utilize; and

• To enable MCDHH to fulfill its statutory mandate for maintaining quality of services.

Cost of the Referral Service itself:

• Free.

Requirement for Interpreter Use of the Referral Service:

• The interpreter must complete and submit all required paperwork; and

• If new to the Interpreter Contract, the interpreter must complete a Referral Orientation.

• **For a list of what is included in the MCD10 contract, please see the APPENDIX***

MCDHH requires that all interpreters on its roster hold certifications from the national Registry of Interpreters for the Deaf (RID, Inc.), the National Association of the Deaf (NAD), the Texas Board for Evaluation of Interpreters (BEI), or be MCDHH Approved.1 All Interpreters are required to adhere to the strict Code of Professional Conduct established by NAD/RID: https://www.rid.org/ethics/code-of-professional-conduct/.

1 Throughout this document, the term "certified or screened' will be used to mean certified by any of the MCDHH-accepted certifying bodies or MCDHH-approved.

https://www.rid.org/ethics/code-of-professional-conduct/

FOR INTERPRETERS:

Certified interpreters who wish to join MCDHH’s interpreter contract should contact Lori Novak at lori.novak@mass.gov to receive the link to the MCD10 Interpreter Contract application.

Interpreters who are newly entering the interpreting field or who have moved to Massachusetts from other states and who are not nationally certified should contact the MCDHH Screening and Evaluation Coordinator at MCDHHScreening@mass.gov to apply to take the MCDHH Screening.

Information about taking the MCDHH Screening can be found in the APPENDIX

All interpreters wishing to join the MCD10 contract must first register on

COMMBUYS.

Please see the APPENDIX for guidance on how to register on COMMBUYS.

mailto:lori.novak@mass.gov mailto:MCDHHScreening@mass.gov

GUIDANCE ON CONFLICT-OF-INTEREST LAW FOR INTERPRETERS

WHO ARE EMPLOYED BY STATE AGENCIES AND ALSO ACCEPT

FREELANCE WORK

MCDHH maintains and coordinates a statewide interpreter referral service for use by public and private agencies and individuals. MCDHH has a statewide contract for American Sign Language interpreters for the Deaf and Hard of Hearing (hereinafter “interpreters”) known as the MCD10 Contract. The terms of the MCD10 contract cover MCDHH’s referral services and the services provided by the freelance interpreters. Any state employee who provides freelance interpreter services through the MCDHH referral service does so under the MCD10 contract. Generally, MCDHH pays the freelance interpreter for their services, but a state agency may on occasion pay the interpreter directly.

Section 7 of the conflict-of-interest law, M.G.L. 268A, with certain exceptions, prohibits a state employee from having a direct or indirect financial interest in a contract made by a state agency. A § 7 issue arises if a state employee provides freelance services through the MCD10 contract. Section 196 of Chapter 6 addresses this issue as follows:

Notwithstanding the provisions of section 7 of chapter 268A, a state employee who is approved by the Commission for the Deaf and Hard of Hearing as an interpreter may be employed by the Commission or by other state agencies as long as the interpreter services will be provided outside of the normal working hours of the employee, the services are not required as part of the regular duties of the employee, the employee does not participate in or have official responsibility for the financial management of the contracting agency, the employee is compensated for no more than four hours in any day in which the employee is otherwise compensated by the Commonwealth, and the head of the contracting agency files with the state ethics commission a written certification that there is a critical need for the services of the employee.

If a state employee works as a freelance interpreter under the MCD10 contract and:

1. Provides the services outside of their normal working hours;

2. The services are not required as part of their regular duties;

3. They don’t participate or have official responsibility for the financial management of

MCDHH or the state agency for whom they provide the freelance services;

4. Are compensated as a freelance interpreter for no more than 4 hours in any day in which they are otherwise compensated by the state; and

5. The Commissioner of MCDHH files with the State Ethics Commission (“Commission”) a written certification that there is a critical need for the services of the freelance interpreter, then the § 7 issue for the state employee would be addressed and the state employee would not need to file a disclosure.

If the state employee works as a freelance interpreter under the MCD10 contract for more than 4 hours in any day in which they are otherwise compensated by the state, they may meet the requirements for an exemption to § 7 under § 7(b) or 930 CMR 6.07 but should contact the attorney of the day at the State Ethics Commission at 617-371-9500 for individual advice.

For an interpreter who is employed by a state agency, there is no 4 hour daily cap to work as a freelance interpreter for another state agency on days when they are not compensated by their state agency. For example, an interpreter may be employed as a part-time employee for a state agency on Monday and Tuesday. On those days, they may not work more than 4 additional hours for another state entity. However, for the other days of the week, they may accept work for other state entities without any such cap.

SUPPLIER DIVERSITY PROGRAM PLAN REQUIREMENT

MCD10 interpreters are exempt from the Supplier Diversity Program Plan requirement. Please see the official waiver in the Appendix.

INTERPRETER INSURANCE COVERAGE

FOR INTERPRETERS AND REQUESTORS:

Please see the APPENDIX.

COURT AND LEGAL INTERPRETERS MUST BE MCDHH QUALIFIED

AND APPROVED

Massachusetts General Law (MGL Chapter 221 § 92A) requires the Massachusetts Commission for the Deaf and Hard of Hearing to “coordinate all requests for qualified interpreters…” for court and legal proceedings and assignments (taken from MGL Chapter 221: Section 92A, paragraph beginning “Qualified Interpreter”). For this reason, MCDHH determines whether or not an interpreter is “qualified.”

MCDHH interprets MGL Chapter 221 § 92A to mean that MCDHH is required to do the referral of qualified interpreters for ALL assignments it deems to be legal.

MCDHH requires interpreters possess the following credentials, training and/or experience to determine if an interpreter is qualified to be considered for court/legal assignments:

1) National RID, Inc., Specialist Certificate: Legal (SC: L), Conditional Legal Interpreting-Relay (CLIP-R), BEI: Legal OR completion of 80 hours of court/legal training and 100 hours of court/legal induction; and

2) Successful completion of MCDHH’s Legal Interview.

COURT INTERPRETER GUIDELINES

MCDHH expects all court interpreters to adhere to the National Best Practice Standards for Court Interpreters (Standards) as promulgated by the National Consortium of Interpreter Education Centers (NCIEC), found in full here: http://www.interpretereducation.org/wp-content/uploads/2011/06/LegalBestPractices_NCIEC2009.pdf.

In particular, interpreters must adhere to:

• Section F: Best Practices for Staffing Legal Assignments p. 24

• Best Practice F12: Distinct and Specialized Roles for Legal Interpreters in Court

p. 24

12.1 Distinct and Specialized Functions of Legal Interpreters in Court

12.2 Proceedings Interpreter (PI) – Officer of the Court

12.3 Table Interpreter (TI)

12.4 Monitoring Interpretations

Non-compliance with these Standards will subject the interpreter to progressive sanctions.

http://www.interpretereducation.org/wp-content/uploads/2011/06/LegalBestPractices_NCIEC2009.pdf http://www.interpretereducation.org/wp-content/uploads/2011/06/LegalBestPractices_NCIEC2009.pdf

THE MCDHH INTERPRETER/CART REFERRAL SERVICE (REFERRAL)

One of the most important functions of MCDHH is the statewide Interpreter and CART Referral Service (Referral). 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 but not limited to medical, mental health, and legal. Although MCDHH employs staff interpreters and a CART captioner, the majority of requests are filled by freelance interpreters and CART captioners on contract.

Requestors (person or entities who are paying for the service), Consumers (the people requiring communication access services), and/or Interpreters/CART captioners (the providers of communication access services) can all use Referral, which is available during regular Commonwealth business hours: Monday - Friday 8:45 am to 5:00 pm (except holidays). Requests for communication access services must come from the agency/entity (e.g. the court, private doctor, individual, or agency) responsible for paying for the service.

REFERRAL STAFFING

The Referral Services Supervisor oversees Referral and reports directly to the Director of Communication Access Services.

Communication access requests are divided into both geographical areas of the state and statewide specialties with a Referral Specialist assigned to each area or specialty. Below is the current list of each area and specialty with associated email addresses. Referral Specialists use these email addresses exclusively to communicate with consumers, communication access providers, and requestors:

• Statewide High

Profile

• Statewide Court/Legal • Northeast Region

• Southeast Region including , Cape Cod and Islands

• Statewide Substance Use Disorder

• Statewide Press Conference

• Boston/Metro Region

• West Region

• Central Region

• Statewide CART

• Boston Metro Region: Boston.Ref@massmail.state.ma.us

• Statewide High Profile: MCDHH.HP@mass.gov

• Central Region: ReferralSpecialistCentral@mass.gov

• Southeast Region including Cape Cod and the Islands:

Southeast.Ref@massmail.state.ma.us

• Northeast Region: Northeast.Ref@massmail.state.ma.us

• Statewide Substance Use Disorder: SUD.Ref@mass.gov

• Statewide Legal/Court: Legal.Ref@massmail.state.ma.us

• Statewide CART: CART.Ref@massmail.state.ma.us

• West Region: West.Ref@mass.gov

• Statewide Press Conference: MCDHHPressConference@mass.gov

• Statewide Intake: ReferralIntake@MassMail.State.MA.US mailto:Boston.Ref@massmail.state.ma.us mailto:MCDHH.HP@mass.gov mailto:ReferralSpecialistCentral@mass.gov mailto:Southeast.Ref@massmail.state.ma.us mailto:Northeast.Ref@massmail.state.ma.us mailto:SUD.Ref@mass.gov mailto:Legal.Ref@massmail.state.ma.us mailto:CART.Ref@massmail.state.ma.us mailto:West.Ref@mass.gov mailto:MCDHHPressConference@mass.gov mailto:ReferralIntake@MassMail.State.MA.US

PLACING REQUESTS AND BOOKING INTERPRETERS

FOR REQUESTORS:

MCDHH’s Referral Staff are experts in what services are required to provide effective communication access. This may mean multiple ASL/spoken English interpreters, ASL/spoken English interpreters and Deaf interpreters, Trilingual interpreters, Court or Legal interpreters, interpreters who have expertise/training in providing services to DeafBlind people, etc. It is also important to have consistent, ongoing interpreters for certain requests (please see https://nationaldeafcenter.org/resource-items/interpreter-consistency/).

Because the MCDHH Referral Service is free to all who use it, there is no profit motive. Referral’s only focus is ensuring that the person/people needing communication access services are getting what they need for effective communication. Therefore, Referral may reach out to explain why additional interpreters, specific interpreters or various kinds of interpreters are necessary in a given situation.

Interpreter Services and Other Third Parties: MCDHH’s Interpreter/CART Referral Service cannot accept interpreter requests from entities acting as intermediaries between requestors and consumers, such as interpreter placement services.

Please see these important links for more information:

How to Request Communication Access Providers

How to Request an ASL Interpreter or CART provider | Mass.gov https://nationaldeafcenter.org/resource-items/interpreter-consistency/ https://www.youtube.com/watch?v=skpmhCjOlCM

WHEN A DEAF INTERPRETER IS NEEDED

FOR REQUESTORS AND PAYERS:

From The National Consortium of Interpreter Education Centers (NCIEC): A Deaf Interpreter is a language specialist who provides interpreting, translation, and communication brokerage services in American Sign Language and other visual and tactual communication forms used by individuals who are Deaf, Hard of Hearing, and DeafBlind. As a Deaf person, the Deaf Interpreter starts with a distinct set of formative linguistic, cultural, and life experiences that enables nuanced comprehension and interaction in a wide range of visual language and communication forms influenced by region, culture, age, literacy, education, class, language deprivation and physical, cognitive, and mental health. These experiences coupled with professional training give the Deaf Interpreter the ability to successfully communicate across all types of interpreted interactions, both routine and high risk. (NCIEC) studies indicate that in many situations, use of a Deaf Interpreter enables a level of linguistic and cultural brokering that is often not possible when ASL/spoken English interpreters work alone.

http://www.interpretereducation.org/specialization/deaf-interpreter/

Deaf Interpreters work in tandem with ASL/spoken English interpreters.