I don't have it set to home theater. My best luck has been through my headphones on the "night" setting. I didn't change anything with the settings and it just somehow went from working to not working :-/ I do have subtitles on too.
Not sure what biowares stance on it is but enough people are complaining about it that I think they're still looking into it, perhaps increasing the rate of frequency of the random chances so it's more likely. I have to have faith that they'll want to do everything possible to help us enjoy they're great writing.