S T A T E O F N E W Y O R K
________________________________________________________________________
S. 4540--A A. 7791--A
Cal. No. 542
2009-2010 Regular Sessions
S E N A T E - A S S E M B L Y
April 24, 2009
___________
IN SENATE -- Introduced by Sen. DUANE -- read twice and ordered printed,
and when printed to be committed to the Committee on Health -- commit-
tee discharged, bill amended, ordered reprinted as amended and recom-
mitted to said committee
IN ASSEMBLY -- Introduced by M. of A. KELLNER, MAISEL, WEISENBERG, GOTT-
FRIED -- read once and referred to the Committee on Health -- reported
from committee, advanced to a third reading, amended and ordered
reprinted, retaining its place on the order of third reading
AN ACT to amend the public health law, in relation to requiring hospi-
tals, nursing homes and community health clinics to provide patient
documents in large print format language assistance services and audio
recordings of pertinent medical information
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The public health law is amended by adding a new section
2803-s to read as follows:
S 2803-S. PROVISION OF LANGUAGE ASSISTANCE TO VISUALLY IMPAIRED
PERSONS. 1. EVERY GENERAL HOSPITAL, NURSING HOME AND DIAGNOSTIC AND
TREATMENT CENTER PROVIDING A COMPREHENSIVE RANGE OF PRIMARY HEALTH CARE
SERVICES SHALL PROVIDE LANGUAGE ASSISTANCE SERVICES TO A PATIENT OR
PATIENT ASSISTANT SO AS TO ENSURE THAT ALL PATIENTS WHO ARE VISUALLY
IMPAIRED AND UNABLE TO READ AND COMPREHEND DOCUMENTS PROVIDED BY THE
FACILITY WITH THE PROFICIENCY NECESSARY FOR ADEQUATE COMPREHENSION AND
COMMUNICATION WITH HEALTH CARE PROVIDERS AND OTHER PERSONNEL HAVE EFFEC-
TIVE ACCESS TO THE PROGRAMS AND SERVICES PROVIDED BY THE FACILITY,
INCLUDING BUT NOT LIMITED TO HEALTH CARE, BILLING AND APPOINTMENT SCHED-
ULING PROGRAMS AND SERVICES. LANGUAGE ASSISTANCE SERVICES SHALL BE
AVAILABLE AT ALL LOCATIONS DURING ALL TIMES THAT PATIENT CARE IS AVAIL-
ABLE, AND SHALL, TO THE EXTENT PRACTICABLE, BE PROVIDED IN PERSON.
2. (A) ALL FREQUENTLY USED FORMS, INCLUDING CONSENT FORMS, THE PATIENT
BILL OF RIGHTS, PRE-OPERATIVE AND POST-OPERATIVE INFORMATION AND
DISCHARGE INSTRUCTIONS, AS WELL AS OTHER WRITTEN MATERIALS THAT ARE
ESSENTIAL TO A PATIENT'S CARE AND TREATMENT OR ARE OTHERWISE NECESSARY
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10182-03-9
S. 4540--A 2 A. 7791--A
TO PROVIDE ADEQUATE ACCESS TO THE FACILITY'S SERVICES SHALL BE AVAILABLE
IN LARGE PRINT FORMAT.
(B) EVERY FACILITY SHALL DEVELOP AND IMPLEMENT A LANGUAGE ASSISTANCE
PLAN THAT ESTABLISHES UNIFORM POLICIES AND PROCEDURES FOR PROVIDING
LANGUAGE ASSISTANCE SERVICES TO VISUALLY IMPAIRED PATIENTS, INCLUDING
PROCEDURES FOR DOCUMENTING THE PROVISION OF, OR REFUSAL OF, LANGUAGE
ASSISTANCE SERVICES. FACILITY PERSONNEL SHALL BE AVAILABLE TO READ WRIT-
TEN DOCUMENTS, INCLUDING PATIENT-SPECIFIC AND NON-PATIENT-SPECIFIC DOCU-
MENTS, TO ANY PATIENT OR PATIENT ASSISTANT WHO IS UNABLE TO READ SUCH
DOCUMENTS DUE TO VISUAL IMPAIRMENT AND WHO REQUESTS SUCH SERVICES, AND
TO RESPOND TO QUESTIONS CONCERNING SUCH DOCUMENTS. UPON REQUEST BY THE
PATIENT OR PATIENT ASSISTANT, ALL SUCH CONVERSATIONS MAY BE RECORDED AND
AN AUDIO RECORDING OF ALL CONVERSATIONS SHALL BE MADE AVAILABLE TO THE
PATIENT OR PATIENT ASSISTANT.
3. THE STATEMENTS REGARDING PATIENT RIGHTS AND RESPONSIBILITIES
REQUIRED PURSUANT TO PARAGRAPH (G) OF SUBDIVISION ONE OF SECTION TWEN-
TY-EIGHT HUNDRED THREE AND SECTION TWENTY-EIGHT HUNDRED THREE-C OF THIS
ARTICLE SHALL INCLUDE A PROVISION NOTIFYING PATIENTS OF THE AVAILABILITY
OF LARGE PRINT FORMAT DOCUMENTS AND LANGUAGE ASSISTANCE SERVICE. NOTICE
OF THE AVAILABILITY OF LARGE PRINT FORMAT DOCUMENTS AND LANGUAGE ASSIST-
ANCE SERVICES SHALL BE POSTED IN CONSPICUOUS LOCATIONS THROUGHOUT ALL
AREAS OF THE FACILITY THAT ARE ACCESSIBLE TO PATIENTS.
4. EVERY FACILITY SHALL SUBMIT TO THE COMMISSIONER AN ANNUAL REPORT
ASSESSING ITS COMPLIANCE WITH THE REQUIREMENTS OF THIS SECTION. THE
REPORT SHALL IDENTIFY THE MEASURES TAKEN BY THE FACILITY IN COMPLIANCE
WITH THE REQUIREMENTS OF THIS SECTION AND THE PERCENTAGE OF THE FACILI-
TY'S PATIENTS WHO UTILIZE SUCH ASSISTANCE.
5. THE COMMISSIONER SHALL PROMULGATE SUCH RULES AND REGULATIONS AS MAY
BE NECESSARY AND PROPER TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
6. FOR PURPOSES OF THIS SECTION, "PATIENT ASSISTANT" SHALL MEAN AN
INDIVIDUAL WHO COMMUNICATES ON BEHALF OF ANOTHER WHO, BY REASON OF AGE,
INCAPACITY OR VISUAL IMPAIRMENT, CANNOT COMMUNICATE FOR HIMSELF OR
HERSELF.
7. NOTHING IN THIS SECTION SHALL PRECLUDE MEDICAL FACILITIES FROM
PROVIDING LANGUAGE ASSISTANCE SERVICES IN ADDITION TO THOSE REQUIRED
UNDER THIS SECTION.
S 2. Subdivision 1 of section 2803 of the public health law is amended
by adding a new paragraph (k) to read as follows:
(K) THE STATEMENT REGARDING PATIENT RIGHTS AND RESPONSIBILITIES,
REQUIRED PURSUANT TO PARAGRAPH (G) OF THIS SUBDIVISION, SHALL INCLUDE A
PROVISION NOTIFYING PATIENTS OF THE AVAILABILITY OF LARGE PRINT FORMAT
DOCUMENTS AND LANGUAGE ASSISTANCE SERVICES IN ACCORDANCE WITH SECTION
TWENTY-EIGHT HUNDRED THREE-S OF THIS ARTICLE.
S 3. Subdivision 3 of section 2803-c of the public health law is
amended by adding a new paragraph q to read as follows:
Q. A STATEMENT NOTIFYING PATIENTS OF THE AVAILABILITY OF LARGE PRINT
FORMAT DOCUMENTS AND LANGUAGE ASSISTANCE SERVICES IN ACCORDANCE WITH
SECTION TWENTY-EIGHT HUNDRED THREE-S OF THIS ARTICLE.
S 4. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided that effective immediately, the
commissioner of health is authorized to promulgate such rules and regu-
lations as may be necessary and proper to implement the provisions of
this act.