Letter Report On The New York City Department Of Health And Mental Hygiene’s Compliance With Local Law 25 Of 2016 Regarding Translation Of Agency Website

Executive Summary

This Letter Report concerns the New York City Comptroller’s audit of the New York City Department of Health and Mental Hygiene’s (DOHMH’s) compliance with Local Law 25, which governs the translation of websites of New York City agencies.  The objective of this audit was to determine whether DOHMH is complying with Local Law 25, which is intended to make City agencies, and ultimately the City as a whole, more accessible to foreign-born residents whose primary language is not English.  Our audit of DOHMH is one in a series of audits we are conducting on the City’s compliance with Local Law 25.

New York City, with a population of more than 8.5 million people, is home to one of the most diverse populations in the world, with more than 3.2 million foreign-born residents from more than 200 countries.  According to the New York City Department of City Planning (DCP), nearly one-half of all New Yorkers speak a language other than English at home, and almost 25 percent of City residents age five and over, or 1.8 million persons, are not proficient in English.  For individuals with limited English proficiency, interacting with City government can often be a challenge.

Most City agencies have a significant presence on the internet and rely on agency websites to both provide information to and interact with the public.  Accordingly, in 2016, Mayor de Blasio signed Local Law 25, amending the City’s Administrative Code in relation to citizens’ ability to access translation of City websites.  Local Law 25 requires that every website maintained by or on behalf of a City agency include a translation service enabling users to view the text of that website, wherever practicable, in languages other than English.  It also requires that the translation service be identifiable in a manner that is comprehensible to speakers of the seven most commonly spoken languages in the city.  As determined by DCP, the seven most commonly spoken languages in New York City amongst residents with limited English proficiency are:

1.     Spanish

2.     Chinese (includes Cantonese, Mandarin, Taiwanese, and Formosan)

3.     Russian

4.     Bengali

5.     Haitian Créole

6.     Korean

7.     Arabic

Thereafter, with the City’s enactment of Local Law 30 of 2017, as of July 1, 2017 through the present, all City agencies that provide direct public services or emergency services, including DOHMH, must develop and implement Language Access Plans, in consultation with the Mayor’s Office of the Language Services Coordinator and the Mayor’s Office of Immigrant Affairs.  These plans must include translation and interpretation services in the top 10 limited English proficiency (LEP) languages—the 6 designated by DCP and 4 others determined by the Mayor’s Office of the Language Services Coordinator, based on language access data collected by the City Department of Education.   DOHMH’s Language Access Plan accordingly adopted Local Law 30’s 10-LEP language standard for purposes of providing direct public access via translation services through its website.   The 10 designated languages Citywide in New York City among residents with LEP are:

1.     Spanish

2.     Chinese (includes Cantonese, Mandarin, Taiwanese, and Formosan)

3.     Russian

4.     Bengali

5.     Haitian Créole)

6.     Korean

7.     Arabic

8.     Urdu

9.     French

10. Polish

DOHMH’s responsibility is to protect and promote the health and well-being of all New Yorkers.  Among other things, DOHMH joins with communities to develop and implement public health programs, enforce health regulations, respond to public health emergencies and promote limited direct public services.  Direct public services are provided at four tuberculosis clinics, eight sexual health clinics, one immunization clinic, and more than 1,200 public schools.  In addition, DOHMH issues birth and death certificates, and inspects restaurants and child care centers.  DOHMH attempts to reduce death and disability from chronic diseases, such as heart disease and cancer by educating New Yorkers about the dangers of smoking and the consumption of unhealthy foods, and about the benefits of physical activities for controlling blood pressure.  DOHMH also contracts with community based organizations to deliver mental health, developmental disability, and alcohol and substance use disorder treatment services.

Audit Findings and Conclusions

Our audit found that DOHMH generally complies with Local Law 25.  DOHMH’s website, found at
http://www1.nyc.gov/site/doh/index.page and https://www1.nyc.gov/site/doh/about/about-doh/language-services-en.page includes a translation feature for viewing text and essential information in various languages, including the above-noted top 10 languages.  DOHMH’s website also provides important information regarding its functions and services, which includes but is not limited to information pertaining to DOHMH’s various divisions, office locations, contact information, forms, brochures, written notices of clients’ rights and responsibilities and applications or intake forms to receive public services that have an immediate or large-scale health impact.  All information can be translated and viewed in each of the top 10 noted languages.

DOHMH’s  most frequently requested documents can be translated and downloaded in the 13 most-requested languages according to DOHMH’s Language Access Plan 2018, (English; the top 10 designated languages (Spanish, Chinese, Russian, Bengali, Haitian Créole, Korean, Arabic, Urdu, French, Polish); Italian; and Yiddish.).    We reviewed and successfully translated the following documents into DOHMH’s 13 most requested languages:

·       Health Bulletins (LGBTQ Health, Healthy Aging, Depression, and Cut the Salt)

·       HIPAA Notice of Privacy Practice/Acknowledgement of Receipt Form

·       Antibiotic Screening Form

·       Choosing Child Care in NYC

·       Childcare Flu Vaccine Poster

·       Ordering Birth Certificates [Information]

·       Birth Certificate Applications

·       Applying for a Dog License

·       Patient’s Bill of Right

·       Family Rights in Early Prevention

DOHMH’s website has a language services page notifying users of their rights to free interpretation services.  The page states the following: “You have the right to services in your language.  We are committed to providing services in many languages, including written translations and in-person or telephonic interpretation.”  (Emphasis in original.)  Additionally, the website provides an “I Speak” card that LEP users can utilize when visiting City agency locations.  An “I Speak” card illustrates over 20 different languages and allows LEP individuals to point to the language that they need in order to get assistance. Specifically, the page has the following message: “Print or download the ‘I speak’ card (PDF).  When visiting the Health Department or another City agency, show the card to a staff member.  He or she will call an interpreter for you.  Language services are free at all New York City offices and clinics.” (Emphasis in original.)

DOHMH provides translation and interpretation services at all of its locations that interact with the general public, including its tuberculosis and health clinics located in Manhattan, Bronx, and Brooklyn, Queens, and Staten Island and at its 125 Worth Street, Manhattan location where the public requests birth and death certificates.

Audit Recommendations

The audit recommends DOHMH continue to maintain its compliance with Local Law 25 to ensure it effectively meets the needs of residents with limited English proficiency when accessing City services online.

Agency Response

In its response, DOHMH agreed with the audit’s recommendation, stating, “Our Agency is committed to compliance with Local Law 25 and will continue to provide translation services for our direct public facing websites to those with limited English proficiency.”