The Tattlers

Tuesday, October 23, 2012 | 0

If you're a non-English-speaking injured worker seeing your doctor, you'd probably assume that the translated communications with your doctor were not being relayed to others by the interpreter.

In all too many instances, you would be wrong.

A source provided me papers that document the practices of four translation companies that appear to require interpreters to pass along sensitive information to the insurance adjuster.

Let's look at the examples.

Example No. 1 is a company called Optimal Care Transportation and Translation, a division of MSC. Interpreters who submit invoices for services must include an "Interpretation Summary" in an online field, as well as a report on "Work Status." Translation invoicing instructions specify that the Interpretation Summary is required in order to process the invoice of the interpreter.

Example No. 2 is a company called 3iCorp. Their "Interpreter Completion Report" has online fields that require information on such topics as:

-"Is there anything pending?"
-"What occurred at this appointment?
-"Were any medications prescribed or refilled?"
-"Claimant work status."
-"Work status specifics. Please specify if return-to-work dates were mentioned, what type of restrictions etc."

Further, the interpreter was required to report back, "Are there any other appointments that are pending for this claimant? Was additional treatment recommended?"

Example No. 3 is a company called STOPS. Their interpreter invoice has a "Mandatory description summary" that requires the interpreter to describe the following:

-Injured worker's status.
-Restrictions placed on his activities.
-List medication changes since the last visit.
-List any treatment recommendations.
-Were there any significant happenings at this appointment that the adjuster/case manager should know?

Example No. 4 is a company known as ProCare Transportation and Language Services. Their interpreter invoice requires the interpreter to provide information on the following:

-Patient's complaint.
-Diagnosis/doctor's comments.
-Medications.
-Work status.
-Next office visit.

Clearly these companies are abusing the privacy rights of injured workers. Claimants are not advised that their medical discussions with their physicians are being transmitted back to the adjuster. Nor would it appear that physicians are advised of the fact.

Where nurse case managers attend appointments, there is no expectation of confidentiality. But there is an expectation of confidentiality when an interpreter is involved.

Another side to the practices is the question of the format in which this data is transmitted to the adjuster. I suspect that much information is being transmitted which is not ultimately produced in response to applicant demands for production of documents in the litigation process.

Perhaps Senate Bill 863 will clean up these sordid practices. Labor Code 5811 has been amended to include the following language:

"The duty of an interpreter is to accurately and impartially translate oral communications and transliterate written materials, and not to act as an agent or advocate. An interpreter shall not disclose to any person who is not an immediate participant in the communications the content of the conversations or documents that the interpreter has interpreted or transliterated unless the disclosure is compelled by court order. Any attempt by any party or attorney to obtain disclosure is a bad faith tactic that is subject to Section 5813."

Presumably, Section 5813 applies as of Jan. 1, 2013.

But here's a question for management at Optimal Care, 3iCorp, STOPS and ProCare: Will you agree to publicly announce you are dropping your "interpreter spy" policies immediately?

I invite your response to the blog.

Julius Young is an applicants' attorney with the Boxer & Gerson law firm in Oakland. This column was reprinted with his permission from his Workers' Comp Zone blog.