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Senate Bill S5407

2009-2010 Legislative Session

Requires hospitals to provide language assistance services

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Archive: Last Bill Status - In Senate Committee Health Committee

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Bill Amendments

2009-S5407 - Details

Current Committee:
Senate Health
Laws Affected:
Add §2803-s, Pub Health L

2009-S5407 - Summary

Requires hospitals to provide language assistance services to a patient or a patient's assistant for communication of clinical and other information, including but not limited to health care, billing and making appointments, to ensure effective communication; provides that such interpreter may be a qualified interpreter, volunteer or medical personnel at such hospital; provides for such services to be available at all locations during all times that patient care is available; provides that transactions of frequently used forms essential to a patient's care and treatment be available in all of the hospital's primary language

2009-S5407 - Sponsor Memo

2009-S5407 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5407

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 29, 2009
                               ___________

Introduced  by  Sen.  MONSERRATE  -- read twice and ordered printed, and
  when printed to be committed to the Committee on Health

AN ACT to amend the public health law, in relation to  requiring  hospi-
  tals to provide language assistance services

  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. 1. EVERY HOSPITAL SHALL
PROVIDE LANGUAGE ASSISTANCE SERVICES TO A PATIENT OR  PATIENT  ASSISTANT
SO  AS  TO  ENSURE  THAT  ALL  PATIENTS WHO CANNOT SPEAK, READ, WRITE OR
UNDERSTAND THE ENGLISH  LANGUAGE  WITH  THE  PROFICIENCY  NECESSARY  FOR
ADEQUATE  COMMUNICATION  WITH  HEALTH CARE PROVIDERS AND OTHER PERSONNEL
HAVE EFFECTIVE ACCESS TO THE HOSPITAL'S PROGRAMS AND SERVICES, INCLUDING
BUT NOT LIMITED TO HEALTH CARE, BILLING AND MAKING APPOINTMENTS.   EVERY
HOSPITAL SHALL ENSURE THAT ALL INDIVIDUALS PROVIDING LANGUAGE ASSISTANCE
SERVICES  TO  PATIENTS  HAVE  SUFFICIENT FLUENCY IN BOTH ENGLISH AND THE
RELEVANT LANGUAGE TO COMMUNICATE CLINICAL AND OTHER  INFORMATION  NECES-
SARY  FOR  THE PATIENT TO ACCESS SERVICES.  LANGUAGE ASSISTANCE SERVICES
FOR  PRIMARY  AND  NON-PRIMARY  LANGUAGES  SHALL  BE  AVAILABLE  AT  ALL
LOCATIONS DURING ALL TIMES THAT PATIENT CARE IS AVAILABLE, AND SHALL, TO
THE  EXTENT  PRACTICABLE,  BE  PROVIDED  IN  PERSON. TRANSLATIONS OF ALL
FREQUENTLY USED FORMS, AND OTHER WRITTEN MATERIALS THAT ARE ESSENTIAL TO
A PATIENT'S CARE AND TREATMENT OR ARE  OTHERWISE  NECESSARY  TO  PROVIDE
ADEQUATE  ACCESS TO THE HOSPITAL'S SERVICES SHALL BE AVAILABLE IN ALL OF
THE HOSPITAL'S PRIMARY  LANGUAGES.  EVERY  HOSPITAL  SHALL  DEVELOP  AND
IMPLEMENT  A  COMPREHENSIVE  LANGUAGE  ASSISTANCE  PLAN THAT ESTABLISHES
UNIFORM  POLICIES  AND  PROCEDURES  FOR  PROVIDING  LANGUAGE  ASSISTANCE
SERVICES,  INCLUDING  PROCEDURES  FOR  DOCUMENTING  THE PROVISION OF, OR
REFUSAL OF, LANGUAGE ASSISTANCE SERVICES, AND THAT REQUIRES TRAINING  TO
ENSURE  THAT  ALL  STAFF  WHO HAVE CONTACT WITH PATIENTS COMPLY WITH THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09098-01-9
              

2009-S5407A (ACTIVE) - Details

Current Committee:
Senate Health
Laws Affected:
Add §2803-s, Pub Health L

2009-S5407A (ACTIVE) - Summary

Requires hospitals to provide language assistance services to a patient or a patient's assistant for communication of clinical and other information, including but not limited to health care, billing and making appointments, to ensure effective communication; provides that such interpreter may be a qualified interpreter, volunteer or medical personnel at such hospital; provides for such services to be available at all locations during all times that patient care is available; provides that transactions of frequently used forms essential to a patient's care and treatment be available in all of the hospital's primary language

2009-S5407A (ACTIVE) - Sponsor Memo

2009-S5407A (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5407--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 29, 2009
                               ___________

Introduced  by  Sen.  MONSERRATE  -- read twice and ordered printed, and
  when printed to be committed to the Committee on Health  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT  to amend the public health law, in relation to requiring hospi-
  tals to provide language assistance services

  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. 1.  EVERY  HOSPITAL  SHALL
PROVIDE  LANGUAGE  ASSISTANCE SERVICES TO A PATIENT OR PATIENT ASSISTANT
SO AS TO ENSURE THAT ALL PATIENTS  WHO  CANNOT  SPEAK,  READ,  WRITE  OR
UNDERSTAND  THE  ENGLISH  LANGUAGE  WITH  THE  PROFICIENCY NECESSARY FOR
ADEQUATE COMMUNICATION WITH HEALTH CARE PROVIDERS  AND  OTHER  PERSONNEL
HAVE EFFECTIVE ACCESS TO THE HOSPITAL'S PROGRAMS AND SERVICES, INCLUDING
BUT  NOT LIMITED TO HEALTH CARE, BILLING AND MAKING APPOINTMENTS.  EVERY
HOSPITAL SHALL ENSURE THAT ALL INDIVIDUALS PROVIDING LANGUAGE ASSISTANCE
SERVICES TO PATIENTS HAVE SUFFICIENT FLUENCY IN  BOTH  ENGLISH  AND  THE
RELEVANT  LANGUAGE  TO COMMUNICATE CLINICAL AND OTHER INFORMATION NECES-
SARY FOR THE PATIENT TO ACCESS SERVICES.   LANGUAGE ASSISTANCE  SERVICES
FOR  PRIMARY  AND  NON-PRIMARY  LANGUAGES  SHALL  BE  AVAILABLE  AT  ALL
LOCATIONS DURING ALL TIMES THAT PATIENT CARE IS AVAILABLE, AND SHALL, TO
THE EXTENT PRACTICABLE, BE  PROVIDED  IN  PERSON.  TRANSLATIONS  OF  ALL
FREQUENTLY USED FORMS, AND OTHER WRITTEN MATERIALS THAT ARE ESSENTIAL TO
A  PATIENT'S  CARE  AND  TREATMENT OR ARE OTHERWISE NECESSARY TO PROVIDE
ADEQUATE ACCESS TO THE HOSPITAL'S SERVICES SHALL BE AVAILABLE IN ALL  OF
THE  HOSPITAL'S  PRIMARY  LANGUAGES.  EVERY  HOSPITAL  SHALL DEVELOP AND
IMPLEMENT A COMPREHENSIVE  LANGUAGE  ASSISTANCE  PLAN  THAT  ESTABLISHES
UNIFORM  POLICIES  AND  PROCEDURES  FOR  PROVIDING  LANGUAGE  ASSISTANCE
SERVICES, INCLUDING PROCEDURES FOR  DOCUMENTING  THE  PROVISION  OF,  OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09098-03-9
              

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