One of These Regulations Has to Do with MCDHH's Freelance Interpreter Contract

Explaining changes to MCDHH's interpreter regulations. July 7, 2014. Massachusetts Commission for the Deaf and Hard of Hearing.

ATTORNEY JOSH MENDELSOHN: Hello. My name is Josh Mendelsohn. I'm a Deaf attorney, legal counsel, working for the Massachusetts Rehabilitation Commission; MRC. I also work on a regular basis with the Massachusetts Commission for the Deaf and Hard of Hearing; MCDHH.

In the past, State Legislature passed several laws that tells MCDHH what it can and what it cannot do. In turn, the Commission created several regulations to help guide its own programs.

One of these regulations has to do with MCDHH's freelance interpreter contract.

What is MCDHH's freelance interpreter contract, you may well ask? Well, it is an agreement between the State Government, the Commission, on one side; and interpreters and transliterators on the other. These interpreters and transliterators agree to provide communication access services to any state agency, or other agency, or organization, participating in this contract.

MCDHH and these other agencies agree to pay a specific rate for communication access services by these interpreters and translators.

That brings us back to the regulations which cover the contract. You can find this regulation by going to and in searching for this: "112 CMR3." That is the legal site. It is the chapter and section where the MCDHH interpreter regulation is found. The first link on the page is for the Massachusetts Law Library. And this opens up the regulation.

This regulation authorizes the Mass. Commission for the Deaf and Hard of Hearing to set up a contract with these interpreters and transliterators. The regulation also authorizes MCDHH to serve as a center for interpreter referrals. When state agencies for Massachusetts need interpreters, they send a request to MCDHH, and MCDHH, in turn, assesses the requests, and matches interpreters and transliterators to these requests based on a variety of factors. It may be location. It may be language preference; ASL, PSE, or it may be what kind of topics that are being discussed, as well as other factors. MCDHH then makes these interpreters sure that they are going to be showing up to the meetings or appointments and takes care of last minute emergencies.

The last time this regulation was modified was some time ago. Since then, things have changed. For example, MCDHH no longer runs the Emergency Interpreting Service, but the language is still there in the regulation. We took that language out of the regulation. The contract type also changed to make it easier and more efficient for state agencies to work with a variety of interpreters and transliterators. We had to change this contract type in the regulation, as well.

Some language in the regulation had to be changed to fit today's terminology. For example, we changed the definition of "legal interpreter" to fit the definition that is used by the Registry of Interpreters for the Deaf; RID. We added language about realtime communication access, CART, which is Communication Access RealTime Translation. This regulation had several charts of rates for interpreter services. We had to follow these rates when paying interpreters for their services. After several years, some of the rates needed to be adjusted because interpreters charge more, or it has become more expensive to live here in the State of Massachusetts. So we must change the rates every several years. We realized it was burdensome and time consuming to change this regulation every time we wanted to increase or update these rates every few years. We wanted to take out the rates and put them into the contract, that way it would be much easier to modify the contract and the rates every several years.

We will still make sure that we solicit and get feedback from organizations of/or working with Deaf people throughout the State of Massachusetts.

In the previous regulation, several organizations were named which are no longer here, or have since changed their name. We changed the regulation to reflect these name changes. We also said we would solicit and get feedback from a variety of organizations of/or working with Deaf people throughout the state.

At this time, I'm going to discuss each paragraph of the regulation. If you do not want to get all of this information, please feel free to stop viewing at this time. But if you are an interpreter, and you still have some questions, please contact the director of interpreter services at MCDHH, Dianne Shearer. Dianne's email is .

The first paragraph of the MCDHH Interpreter Regulation is Paragraph 3.01. It is entitled "Statement of Purpose." This paragraph tells us what the purpose of the regulation is and why we have the regulation. It states that this regulation is to set up a centralized structure and procedure for requesting Interpreter Services by state agencies for Deaf and Hard of Hearing and Deaf-Blind individuals. We changed a few words for a better flow and to fit today's terms. For example, we changed "services of interpreter" to "interpreter services."

The next paragraph is Paragraph 3.02. It is called "Application and Scope." This paragraph tells us who or which state program this interpreter regulation effects and how often. The paragraph explains that this regulation applies to all state agencies as defined in the next paragraph. We did that because we realized that we were repeating the list of state agencies twice. So we wanted to make this flow better without so many words.

Then in the same paragraph it states that this interpreter regulation sets up the MCDHH Interpreter, CART Referral Service as a central point for Massachusetts state agencies for interpreter services. And it sets up procedures for MCDHH to establish and maintain a statewide contract. Here we mention the new contract type for Interpreter Services. And remove old language about the Emergency Interpreter Services which is no longer operated by MCDHH.

The third paragraph is 3.03 which lists and defines terms throughout this regulation. "Commissioner" means Commissioner of MCDHH. Her name is Heidi Reed.

The term "contractor" means a "sign language interpreter" or "other provider of communication access." It also says here that a sign language interpreter or contractor cannot have employees or subcontractors working for them. This way MCDHH can maintain Quality Control by making sure that specific interpreters are a good match for each assignment.

The next phrase is "interpreter for the Deaf and Hard of Hearing." This defines what actually makes a person an interpreter. They must have the appropriate knowledge, training, certification, and be approved by MCDHH, and can provide either sign or oral interpretation.

"MCDHH approved legal interpreter." This took out our old definition, and explained that legal interpreters must have certification and legal specialist certification from the Registry of Interpreters for the Deaf; RID.

And "MCDHH contract for interpreters for the Deaf and Hard of Hearing." This paragraph now uses the correct name of the new contract between state agencies and providers of communication access for persons who are Deaf, Deaf-Blind, LateDeafened, or Hard of Hearing. And as I explained earlier, this new contract makes it easier and more efficient for state agencies to work with as many interpreters and transliterators as possible.

The rate is how much MCDHH would pay interpreters for their services.

And the term "service" is defined as sign, oral, or transliteration interpretation. This is provided by interpreters or other types of communication access.

The last definition is "state agency." This lists the different state agencies that this regulation applies to. The regulation applies to the Executive Department, which is the group of different state agencies, but does not include the State House, the courts, public colleges, and several independent state agencies. They are not included, but are encouraged to use this interpreter contract regardless.

Paragraph 3.04 is entitled "Centralized Point for Interpreter Referrals." This paragraph explains that MCDHH operates a centralized Interpreter Referral Service for state agencies. This paragraph was changed by adding terms showing that this Referral Service also covers other providers of communication access; such as CART Services and transliterators. The paragraph was also changed with language which flows better.

The next paragraph, Paragraph 3.05 talks about MCDHH's interpreter contract. As I explained, the contract type was changed to make it more efficient for state agencies to work with as many interpreters and transliterators as possible. This paragraph also explains that the interpreter contract, itself, can have more terms and conditions.

Under the same Paragraph 3.05, this section also explains that the Commission, MCDHH, can establish standards and qualifications for the interpreters who participate in the contract. You can find this contract online if you go to That is And then search for "MCDHH Interpreter Contract." The first result is the contract itself. And that is found on mass.gov.

Now back to the interpreter regulations. The last paragraph of the interpreter regulation; Paragraph 3.06 is about rates. This used to be the longest paragraph, and it used to be several pages listing different rates for various years of experience. It also listed rates for legal interpretation. Individuals who worked with Deaf-Blind interpreters. Interpreters with various certifications. And also for the afterhours Emergency Services which was removed. MCDHH removed all of these numbers and rates and moved them to the body of the interpreter contract. This way we can more easily modify these numbers every once in a while with your feedback. Previously we had to go through a more difficult and more expensive process of changing this regulation each time we wanted to modify these rates. Now, and in the future, it will be much easier to modify.

The last paragraph also says "MCDHH will review these rates periodically and adjust them after getting comments and feedback from organizations of/or organizations working with Deaf and Hard of Hearing and Deaf-Blind and LateDeafened individuals in and across the Commonwealth." We have also included a few examples of these organizations. MassRID, Mass. Registry of Interpreters for the Deaf; MSAD, Mass. State Association of the Deaf; and the Massachusetts State Chapters of the Association of LateDeafened Adults, ALDA; the Alexander Graham Bell Association of the Deaf, AGB Association; and the Hearing Loss Association of America, HLAA. This paragraph also says that if they, the organizations, change their name, we would still work with these new organizations.

And that brings us to the end of this vlog. Thank you so much for your patience. And as I said before, if you are an interpreter, or you have more questions, please feel free to contact Dianne Shearer, Director of Interpreter Services at MCDHH. Her email, again, is .

Thank you so much and have a good day.