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Policy and Procedure Name:
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Interpreter and Translation Services
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Policy #:
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AP-09-01
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Code/Rule Reference:
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R.C. 125 and R.C. 4112
Americans With Disabilities Act (ADA) of 1990 and as
amended, Pub. L. No. 101-336, 104 Stat. 328 (1990); IC/BWC Joint Resolution
R88-1-200
Title VI of the Civil Rights
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Effective Date:
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11/14/22
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Approved:
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Patricia Harris, Chief Operating Officer
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Origin:
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Operational Policy and Support
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Supersedes:
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Policy # CP-09-03, effective 07/23/20 and Procedure # CP-09-03.PR1,
effective 07/23/20
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History:*
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Previous versions of this policy are available upon
request
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Table of Contents
I. POLICY PURPOSE
II. APPLICABILITY
III. DEFINITIONS
American Sign Language (ASL)
Bilingual Position
Bilingual Staff
BWC Interpreter Translations Services
Provider
Designated Translations Services
Staff
Interpreter
Language Coordinator
Limited English Proficiency (LEP)
State Contracted Vendor
Subject Matter Expert (SME)
Translation
IV. POLICY
A. General Statement
B. Appropriate Usage of the
State Contracted Vendor, BWC Interpreting Translations Services Provider, and
Bilingual Staff (e.g., Language Coordinator, BWC SME)
C. Ohio Relay Service
D. Interpreter Services Not
Approved for Payment
E. Document Translations
F. Interpreting On-Demand
Video Conferencing
G. Self-Insuring Employers
V. PROCEDURE
A. Claims Function -
General Claim Note and Documentation Requirements
B. Recognizing the Need for
Interpreting Services
C. Documenting BWC Requests
and Use of Interpreting Translation Services
D. Identifying an
Interpreter
E. Over-Phone-Interpreter
(OPI) Services
F. On-Site Interpreter
Services
G. ASL Interpreter Services
H. Ohio Relay Service
I. Document Translation
Services
J. On-Demand Video
Conference Interpreter Services
K. Claims Function -
Hospital-Based Interpreter Services
L. Claims Function -
Interpreting Services for Injured Workers with Catastrophic Claims
M. Interpreter Services for
IC Proceedings
N. Claims Functions -
Interpreter Services Required for Injured Workers Receiving Vocational
Rehabilitation
O. Claims Functions -
Interpreter Services Required by the MCO
P. Payment of
Over-Phone-Interpreting and On-Demand Video Conference Interpreting Services
Provided to BWC
Q. Payment for On-Site
Interpretation and Document Translation Services
R. Reporting Non-Compliance
The purpose of this policy is to ensure that BWC provides interpreter
services for customers (e.g., injured workers (IW), employers, other), and
properly translate work-related documents, as necessary and appropriate.
This policy applies to BWC staff and managed care
organization (MCO) staff.
American Sign Language (ASL): A complete, complex
visual-gesture language that employs signs made with the hands and other
movements, including facial expressions and posture of the body, used primarily
by people in North America who are deaf, have hearing loss, deaf-blind, or
utilize non-verbal communication.
Bilingual
Position: A position eligible for the bilingual pay supplement that
requires as essential to the fulfillment of the duties, the ability to speak
and/or write a language in addition to English, pursuant to OAC 123:1-37-06.
Bilingual
Staff: A BWC employee in a bilingual position.
BWC
Interpreter Translations Services Provider: A BWC enrolled
interpreter that may be used when the State Contracted Vendor is not available
or does not provide the needed service (e.g., ASL).
Designated Translations Services Staff: A person
assigned by BWC management to manage all document translation service requests (e.g.,
submitting documents to the designated vendor, receiving documents from the
designated vendor, approving or denying requests or invoices from the
designated vendor) on behalf of their office.
Interpreter: An individual or device that
converts any spoken material from one language into a different language. For
purposes of this policy, the term “interpreter” includes both an ASL
interpreter and a non English language interpreter, unless otherwise noted.
Language
Coordinator: Designated BWC staff assigned to serve as a final
approval for in-house translations.
Limited
English Proficiency (LEP): A person with Limited
English Proficiency or LEP is one whose primary language is not English and
is not able to speak, read, write or understand English well enough to
communicate effectively when interacting with BWC staff or medical services
episodes.
State
Contracted Vendor: A person or company that has contracted with the
Ohio Department of Administrative Services to provide selected products and
services for use by state agencies and eligible users.
Subject
Matter Expert (SME): For purposes of this policy, a designated
bilingual BWC employee with technical field knowledge, eligible for the
bilingual pay supplement pursuant to OAC 123:1-37-06, who is assigned to review
translations of important documents (e.g., legal, claims, medical, other) after
they have been translated by the state contracted vendor or BWC interpreting
translations services provider to ensure there are no errors in translations
received from the vendor.
Translation:
Conversion of written material from one language to another.
- It is the policy of BWC that any interpreter
and/or translator provided by BWC must be able to interpret and/or translate
effectively, accurately, and impartially, both openly and meaningfully, using
any necessary specialized vocabulary appropriate to the circumstances.
1. BWC staff
must use the state contracted vendor or BWC
interpreting translations services provider to obtain interpreter services
when interpreting services can be used in a hearing, investigation, or for other
legal purposes.
2. It is the
policy of BWC to provide necessary and appropriate interpreter services (e.g., state contracted vendor, BWC interpreter
translations services provider) upon the request of BWC staff, LEP
customers, or when the need is otherwise identified, to facilitate BWC
business, which include, but is not limited to:
a. Claims Functions
i. Expediting
treatment in catastrophic claims;
ii. Filing or
investigating a claim or an action pending in a claim;
iii. Medical
specialist consultations requested by the physician of record (POR) or treating
physician and approved by the MCO; or
iv. Approved vocational
rehabilitation services.
b. Other BWC Functions
i. Interviewing
LEP subjects or witnesses for a BWC investigations;
ii. Translation
of documents that are part of a BWC investigation;
iii. Annual and/or
specialized trainings (e.g., Safety Congress);
iv. Translation of
documents that are part of an employer file; or
v. Communication
between internal and external customers (e.g., SpanishFROI, correspondence,
Website).
3. It is
BWC’s policy to approve and provide ASL interpreters to customers, as needed,
in circumstances which include, but are not limited to:
a. Claims Functions
i. Routine
office visits with a physician of record (POR);
ii. Communication
with durable medical equipment suppliers; and
iii. Physical or
occupational therapy.
b. Other BWC Functions
– For External Customers
i. Conferences/symposiums;
ii. Trainings;
and
iii. Other BWC
related business needs.
4. It is the
policy of BWC to use bilingual staff, at the discretion of management, for general/minor
interpreting services when it is not feasible to use of a professional
interpreter.
5. It is
BWC’s policy to use SMEs to periodically audit interpreting and translation
services provided by external vendors to confirm services meet the needs of BWC
and customers.
6. It is
BWC’s policy to use BWC interpreting translations services providers, as
outlined in the procedures (below), for services when the state contracted
vendor is unable to provide these services.
- It is the policy of BWC to refer
customers who are Deaf, hard of hearing, DeafBlind or
those with a speech disability, to the Ohio Relay Service to place and
receive phone calls.
- BWC will not pay for interpreters:
1. For
hospital-based services;
2. For
services not contracted or approved by BWC or the IC; or
3. When
family members, friends, health care providers, vocational service providers,
or community volunteers provide interpretation for the IW.
1. It
is the policy of BWC that the Communications Division ensures that BWC
generated information and/or documents being made available to BWC customers
and the public on the BWC Website meet established language requirements and
follow the agency’s language style.
2. It is the policy of BWC that documents in a language other than
English containing information relevant to making a claim decision or that may
be used in a hearing, be appropriately translated to English for the claim
and/or LEP customer by the state contracted vendor (i.e., BWC interpreter
translations services provider when the state contrated vendor is unable to
provide this service).
3. It
is BWC’s policy to appropriately translate documents (e.g., English and non-English language) for BWC staff and LEP customers,
as outlined in Section V.I., of the procedures (below) for BWC to conduct
business.
-It
is the policy of BWC to use interpreting on-demand video conferencing to
provide interpreting services to LEP customers for day-to-day business purposes,
such as filling out forms and answering questions.
- Self-insuring employers are required to pay for
interpreter and translation services, with the exception of interpreter
services for examinations related to an Application for Determination of
Percentage of Permanent Partial Disability (C-92).
1. BWC staff will
refer to the Standard
Claim File Documentation and Altered Documents policy and procedure for
claim note and documentation requirements; and
2. Will
follow any other specific instructions for claim notes and documentation
included in this procedure.
1. In
instances where BWC staff come face-to-face with a LEP customer, BWC staff
should use a copy of the State of Ohio “I Speak Identification Guide” to help
identify the LEP customer’s primary language.
a. Within the
guide, the LEP customer can point to their primary language.
b. “Click
here” to access the “I Speak Identification Guide” on COR.
2. When BWC
staff becomes aware that a customer is LEP or is hearing impaired, BWC staff will
follow these procedures.
a. Claims
Functions – Claims services staff will enter the following in the claims
management system:
i. Check
the “Primary Language” field at the customer level of the claims management
system; and
ii. Choose the
IW’s primary conversational language from the dropdown box.
b. Other BWC Functions
- BWC staff will document in the appropriate business record the need for
interpreting translations services.
- BWC staff will use the claims
management system or other system deemed by management, to document the
following, when requesting or obtaining interpreting translations services for
a customer:
1. Note the
name of the customer, BWC staff, or other entity requesting these services;
2. List the
type of interpreter or translation service (e.g., ASL interpreter, over the
phone, on-site, or document translation services) being requested and provided
to the customer;
3. Note the
date the interpreter translation services were requested and obtained;
4. Provide
the name and contact information of the service provider (e.g., state
contracted vendor, BWC interpreter translations services provider) providing
these services;
5. Log the
tracking number or name of the vendor’s representative handling the request;
6. Log the
confirmation number, email or phone confirmation, and the name of the vendor’s
representative providing the confirmation; and
7. Note any
other pertinent information (e.g., cancelled request, interpreter no-shows,
vendor unable to obtain interpreter, approval of document translation quotes or
invoices, deadline date for translation service requested, date final
translated document is received).
1. When a
customer requests that a family or friend provide interpreter services on their
behalf to communicate with BWC staff, BWC staff may consider utilizing those
services, so long as the family or friend has the necessary skills to assist.
2. Other no
cost interpreting services may be utilized by customers such as:
a. BWC bilingual
staff (i.e., general usage only);
b. Ohio Relay
Service (hearing impaired service);
c. A health
care or vocational rehabilitation service provider fluent in the language of
the IW (NOTE: The health care provider or vocational rehabilitation service
provider will not be additionally reimbursed for interpreter services); and
d. Community
organizations (i.e., organizations not charging customer or BWC for services).
3. The choice
of interpreting services will be made by BWC staff using BWC’s policy objective
that interpreters must be able to interpret effectively, accurately, and
impartially, both receptively and expressively, using any necessary specialized
vocabulary appropriate to the circumstances.
- BWC staff will contact the state contracted vendor
or if available, use an SME to obtain these services. “Click
here” for instructions on how to use the state contracted vendor.
1. BWC staff will
follow these procedures to schedule on-site interpreters for BWC business
purposes:
a. Contact
the state contracted vendor to schedule these services. “Click
here” for instructions; and
b. Provide
the state contracted vendor 48 hours to report confirmation (e.g., verbal,
email) that an interpreter has been scheduled for business purposes (e.g.,
exam, investigatory interview, per customer’s request, other).
i. If
confirmation is received, BWC staff will follow the steps outlined in Section
V.C. of these procedures to document this information in BWC records.
ii. If no
confirmation is received, BWC staff will:
a) Call the state
contracted vendor to cancel the request for the interpreter and note the
cancellation in the claim management system or other system designated by
management;
b) Contact Feedback.medical@bwc.state.oh.us
for a list of BWC interpreter translations services
providers to schedule an interpreter for on-ste services;
c)
“Click
here” for instructions on scheduling these servces from the BWC
interpreter translations services provider listing; and
b) Contact Field.C.1@bwc.state.oh.us to report
non-compliance.
2. BWC staff
may contact Field.C.1@bwc.state.oh.us
with questions or inquiries on on-site interpreter services.
1. ASL
services are not provided by the state contracted vendor. In cases where an ASL
interpreter is needed, BWC staff will contact Feedback.medical@bwc.state.oh.us
for a list of ASL service providers.
2. “Click
here” for instructions on scheduling these servces from the BWC
interpreter translations services provider listing.
3. BWC
staff may contact Field.C.1@bwc.state.oh.us
with questions or inquiries on ASL services.
1. The Ohio
Relay Service is a free service for all Ohioians who are Deaf, hard of hearing,
DeafBlind or those with a speech disability. Their services include, but are
not limited to:
a. TeleBraile;
b. Captioning;
c. Text
telephone (TTY);
d. Voice
carry over.
2. For BWC
customers who may require the use of the Ohio Relay Service, BWC will provide
the customer, customer’s family, customer’s attorney of record (AOR), etc.,
with contact information for the Ohio Relay Service.
3. The BWC
customer is responsible for setting up an account with the Ohio Relay Service by
calling 7-1-1 or clicking on the 7-1-1 icon online at https://ohiorelay.com/contact-us/.
4. BWC staff
are not authorized to make the initial call for the customer.
1. General
Statements
a. BWC staff
may consult with bilingual staff regarding submitted non-English language documents
to determine the nature of the documents and their general contents. “Click here” to submit email
requests for bilingual staff assistance for this purpose.
b. If BWC
determines the document must be translated into English, then BWC staff will
contact BWCDocumentTranslationsServices@bwc.state.oh.us
to request assistance with acquiring translation of the document(s) and follow
the steps outlined in Sections V.I.3.- 5., of these procedures.
c. BWC staff
must use the state contracted vendor for these services.
d. In rare
instances, when the state contracted vendor cannot provide these services, BWC
staff may use a BWC interpreter translations services provider for this
service. BWC staff will email InterpTranSvcsIssue@bwc.state.oh.us
for assistance in acquiring these services and to report this issue.
2. English
Documents
a. BWC
staff will follow the steps outlined below to translate documents (e.g., adhoc
letter) from English to a non-English language.
i. Consult
with management and/or Language Coordinator to determine if the document will
need to be translated for one customer or multiple customers.
a) One Customer
(e.g., apology letter); or
b) Multiple
Customers (e.g., adhoc letter made into a template, form, or other
correspondence that can be used as a template for other customers).
ii. If it is
determined that the document should be translated for single or multiple
customers, then BWC staff will:
a)
Follow the steps outlined in Sections V.I.3.- 5., of these procedures;
and
b) Work with
management, Language Coordinator and/or Information Technology Division to
create an approved document in accordance with the BWC brand.
b. When BWC
staff receives a request for a document that is unavailable in a non-English
language, BWC staff will:
i. Inform
the customer that the non-English language version of the document is currently
not available, and the customer will need to use the English version of
document; and
ii. Assist
the customer in completing the English version of the document (e.g.,
application, form) through the state contracted vendor (click here for
video-audio conferencing) or BWC interpreter translations services provider.
3. BWC
staff will follow these outlined steps to request document translations from
the state contracted vendor (i.e., staff will use BWC interpreter translations
services provider if the contractor is unable to provide service) for documents
containing information relevant to making a claim decision or that may be used
in a hearing.
a. Send
an email request to designated translations services
staff within his or her office; or
b. If
no designated staff are available within his or her office, BWC staff will send
an email to BWCDocumentTranslationsServices@bwc.state.oh.us
to request assistance with processing document translation requests.
c. Designated
translations services staff will provide the state contracted vendor or BWC
interpreter translations services provider with a deadline date for completing
the final translated document and note that information as outlined in Section
V.C. of these procedures.
d. “Click
here” to access the document translations services job aid.
4. Storing
Translated Documents – Translated document must be stored as part of the
official record.
a. Claims
Functions - Claims services staff will ensure the translation is imaged
into the claim file.
b. Other
BWC Functions - BWC staff will save the other translation in the employer file,
SID investigation file, or other secured system identified by management.
5. Auditing
Translated Documents - Once BWC staff receives translated documents from the state contracted vendor or BWC interpreter translations
services provider, BWC staff will send the document to Language Coordinator
for the final review and verification for accuracy, style, and consistency in
consultation with SMEs, as needed. Please email BWCDocumentTranslationsServices@bwc.state.oh.us
for assistance in obtaining bilingual staff, an SME, or a Language Coordinator.
a. If
errors are found in the document:
i. Bilingual
staff will work with the Language Coordinator to make highlighted revisions to
the document and note this discrepancy;
ii. The
document will be sent back to the designated translations services staff;
iii. Designated
translations services staff will send the document back to the state contracted vendor or BWC interpreter translations
services provider to make corrections to the document.
iii. Once designated
translations services staff receive the corrected document from the state
contracted vendor or BWC interpreter translations services provider, designated
translation services staff will confirm reported errors were corrected in the
translated document.
iv. When all
reported errors are corrected, designated translations services staff will proceed
with steps outlined in Section V.I.5.b. (below).
b. If
no errors are found in the document:
i. Bilingual
staff or the Language Coordinator will send email approval of this translated
document to the designated document translations services employee requesting
the translation;
ii. The
designated document translations services employee will send an email approval to
the state contracted vendor or BWC interpreter translations services provider to
proceed with the final process; and
iii. The
designated translations services staff assigned to
this document will approve the document for payment.
iv. Once
the final document is received, designated translations services staff will
send the document to the BWC employee requesting this service.
6. BWC staff may contact Field.C.1@bwc.state.oh.us with questions
or inquiries on the document translation services.
1. BWC
management will provide a designated area and computer for this service, and
update staff on the location.
2. BWC staff
will use designated computers within their office or division to conduct
interpreting on-demand video conferences.
3. BWC staff will
contact the state contracted vendor to obtain these services. “Click
here” for instructions. This service is not provided by BWC interpreter
translations services providers.
4. Once the
service has been provided to the LEP customer, BWC staff will follow the steps
outlined in Section V.C. of these procedures to note requests and the use of
this service.
5. BWC staff
may contact Field.C.1@bwc.state.oh.us
with questions or inquiries on on-demand video conference interpreting
services.
1. Hospital-based
interpreter services for an LEP IW:
a. Will not
be paid when associated with treatment an IW receives while hospitalized.
b. Will be
paid only if BWC needs to communicate with the IW and the IW requires an
interpreter.
2. Claims
services staff will note the IW’s need of interpreter services in the claim
file.
1. The BWC
catastrophic nurse advocate will work with the MCO to review available options
when interpreter services are necessary.
2. This
communication can be accomplished by phone or email and noted in the claim
file.
1. Parties
who are LEP or hearing impaired may require an interpreter so that they can
understand what is happening in IC hearings.
2. If
the claims services staff is referring an issue to the IC on a Notice of
Referral (NOR) or there is an appeal to a BWC order, claims services staff will
ensure the “Primary Language” field is marked in the claims management system,
which will automatically alert the IC if the IW needs interpreter services.
3. Consistent
with IC/BWC
Joint Resolution R88-1-200, the IC is responsible for ordering and
scheduling interpreters for IC hearings and IC medical examinations for IWs who
have difficulty communicating due to a hearing impairment or LEP. BWC staff will
refer any questions regarding interpreter services for IC hearings or IC
medical examinations to IC Customer Service for assistance.
1. Claims
services staff will ensure that an IW receives necessary and appropriate
interpreter services, particularly at critical stages in the rehabilitation
process, including, but not limited to:
a. The initial
interview with the IW;
b. The meeting
to discuss and sign the rehabilitation agreement;
c. When the
plan expectations are discussed; and
d. When there
is a change in the case direction.
2. Claims
services staff will schedule interpreting services with the state contracted
vendor, as needed, at critical stages in the rehabilitation process.
a. If
the state contracted vendor is unable to provide this service, claims services
staff will schedule interpreting services with a BWC interpreter translations
services provider.
b. Please
refer to Section V.F. of these procedures on accessing these services.
3. BWC
Vocational Rehabilitation Policy staff will be available to help in individual
cases, upon request.
1. If
an IW needs an interpreter for a non-BWC examination that is required and
scheduled by the MCO, the MCO is responsible for payment of both the
examination and the interpreter services. The MCO may use its own interpreter
service or may request assistance from BWC or the IC, as applicable.
2. If
the IW needs interpreter services related to an Alternative Dispute Resolution
(ADR) examination, the MCO will contact the IW’s assigned claims services staff
or DMC to make the arrangements. BWC will pay for interpreter services for ADR
examinations as often as necessary.
3. BWC
staff will place a note in the claim reflecting the discussion with the MCO and
their agreement as to the entities responsible for payment.
4. If
an MCO approves interpreter services in error, without BWC approval, the MCO will
be responsible for reimbursement to the provider. Payment will be transferred
from the MCO’s administrative account into the provider account to cover the
exact payment issued from the provider account to pay for the interpreter
services. Supporting documentation for the transaction must be maintained for
audit purposes.
1. Once
over-the-phone or on-demand video conference services are provided, the state
contracted vendor will create an invoice for that service and email the invoice
to Ohio Shared Services for payment processing and copy Claims Services
Administration.
2. Claims
Services Administration will review all invoices to determine if they should
approve or reject an invoice for payment for these services. If the invoice is:
a. Approved,
Claims Services Administration will notify Accounts Payable via email that the
invoice is approved and should be processed.
b. Rejected,
Claims Services Administration will notify Accounts Payable via email that the
invoice is rejected with the underlying reason(s). Ohio Shared Services will
return the invoice back to the state contracted vendor with the reason for the
rejection (e.g. duplicate invoice, or invoice is missing necessary
information).
3. Ohio
Shared Services will not pay invoices without the proper approval from BWC.
1. Claims Functions
a. BWC
will pay for approved on-site interpretation (including ASL services) for BWC
and IC examinations, and IC hearings as well as document translation services.
b. The
interpreting service provider or IC will submit the request for reimbursement
for services on a Service
Invoice (C-19) to BWC. Imaged C-19s will appear on the Medical Billing and
Adjustments (MB&A) Unit’s work list.
i. When
MB&A receives the C-19 directly:
a) MB&A
will review the claim for the claim note approving interpreter or translation
services.
b) If
MB&A is unable to locate adequate documentation of approval by the claims
services staff in the claim, MB&A will forward the C-19 to either the
claims services staff; or
c) Claims
Services Admininstration, requesting the necessary information so that payment
may be processed.
ii. When
claims services staff receives the C-19, either directly from the provider or
from MB&A, claims services staff will:
a) Verify
that the services were provided and the information is correct;
b) Place
his or her “A” number in Box 9 on the completed C-19 before it is imaged;
c) Index
the document as a C-19; and
d) Update
the approval in claim notes.
iii. MB&A
will also process for payment all interpreter service invoices received from
the IC.
iv. BWC
will not pay for interpreter services that are not approved by BWC or the IC.
2. Other
BWC Functions
a. BWC
will pay for approved on-site interpretation (including ASL services) and
document translation services for investigatory interviews and/or other BWC
related business purposes, at the discretion of management.
i. Approved
– When management approves the services, BWC staff will move forward with submitting
the invoice for payment.
ii. Not-Approved
– Prior to denying the request for these services, management will staff with Legal
Services to discuss the reasoning for their decision. Legal Services will make
the final decision on denying this service.
b. MB&A
will forward all non-claims related document translations services invoices
received from the state contracted vendor to BWC designated document
translations services staff, who requested and approved this service.
c. BWC
staff will follow the procedures below to pay for these services:
i. Once
BWC staff receives the invoice for payment of services, BWC staff note the name
of the interpreter translation service provider on the invoice and:
a) Provide
the contract number (if available) and/or note on the invoice that “the
state-contracted vendor provided services”; or
b) Note
on the invoice that “the state-contracted vendor was not used for this
service.” Provide the name, address, and contact phone number of the BWC
interpreter translations services provider providing these services.
ii. Submit
invoices to their designated procurement card holder for payment. BWC staff can
email BWC Procurement Card Log to
locate the procurement card holder for your office.
d. Once the
invoice is received, the payment card holder will:
i. Review
the invoice to ensure it contains the vendor information from Section
V.Q.2.b.i. prior to paying the invoice.
ii. Pay
invoices with vendor information.
iii. Return
invoices back to BWC staff that are missing vendor information.
BWC staff will report state contracted vendor
non-compliance (e.g., interpreter no show) or other issues to Field.C.1@bwc.state.oh.us.