Assembly Bill A7853A

2009-2010 Legislative Session

Requires the department of health to promulgate rules and regulations concerning hard of hearing patients and others

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Archive: Last Bill Status - On Floor Calendar

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 01, 2010	amended on third reading 7853a
Jan 06, 2010	ordered to third reading cal.530 returned to assembly died in senate
May 11, 2009	referred to health delivered to senate passed assembly
May 07, 2009	advanced to third reading cal.547
May 05, 2009	reported
Apr 27, 2009	referred to health

Bill Amendments

co-Sponsors

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multi-Sponsors

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2009-A7853 - Details

See Senate Version of this Bill:: S8107
Law Section:: Public Health Law
Laws Affected:: Add §2805-u, Pub Health L

2009-A7853 - Summary

Requires the department of health to promulgate rules and regulations concerning hard of hearing patients and responsible parties who include parents and guardians responsible for the patient; establishes minimum requirements for such rules; makes provision for ascertainment of hearing impairment.

2009-A7853 - Bill Text download pdf

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

                                  7853

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             April 27, 2009
                               ___________

Introduced by M. of A. WEISENBERG, BOYLAND, CUSICK, ENGLEBRIGHT, ESPAIL-
  LAT,   JAFFEE,  JOHN,  KAVANAGH,  KOON,  MAYERSOHN,  PAULIN,  PHEFFER,
  J. RIVERA, SCHROEDER, TITUS -- Multi-Sponsored by -- M. of A.  ALFANO,
  AMEDORE,  BACALLES,  BALL,  BARCLAY,  BARRA,  BOYLE,  BRENNAN,  CLARK,
  COLTON, CORWIN, DUPREY, FITZPATRICK, GIGLIO, GOTTFRIED, HAWLEY,  HOOP-
  ER,  JORDAN,  KELLNER,  KOLB,  LUPARDO, McDONOUGH, McENENY, J. MILLER,
  MILLMAN,  MOLINARO,  OAKS,  PEOPLES-STOKES,  RABBITT,  RAIA,  REILICH,
  ROBINSON,  SCOZZAFAVA, TEDISCO, THIELE, TOBACCO, TOWNSEND -- read once
  and referred to the Committee on Health

AN ACT to amend the public health law, in relation  to  authorizing  the
  health department to develop regulations pertaining to hard of hearing
  hospital patients and others

  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
2805-t to read as follows:
  S  2805-T. HOSPITAL; PERSONS WITH A HEARING IMPAIRMENT. 1. THE FOLLOW-
ING DEFINITIONS SHALL APPLY TO THIS SECTION:
  (A) "HEARING IMPAIRMENT" MEANS A CONDITION THAT HAS RENDERED A  PERSON
HARD OF HEARING, DEAF, OR DEAF-BLIND.
  (B) "PATIENT" MEANS A PERSON RECEIVING HEALTH CARE AT A HOSPITAL.
  (C) "RESPONSIBLE PERSON" MEANS A PARENT, GUARDIAN, OR PERSON OTHERWISE
RESPONSIBLE FOR THE HEALTH CARE DECISIONS OF A PATIENT.
  2.  THE  DEPARTMENT  SHALL  ADOPT  REGULATIONS CONCERNING PATIENTS AND
RESPONSIBLE PERSONS WHO HAVE A HEARING IMPAIRMENT, WHICH  SHALL  REQUIRE
AT LEAST THE FOLLOWING:
  (A) EXCEPT WHERE NOT MEDICALLY FEASIBLE, ALL HOSPITALS SHALL ASCERTAIN
AT  THE  TIME OF ADMISSION WHETHER A PATIENT OR RESPONSIBLE PERSON HAS A
HEARING IMPAIRMENT. IF SO, THE HOSPITAL SHALL ASCERTAIN WHETHER  OR  NOT
HE  OR SHE NEEDS AN INTERPRETER OR AN ASSISTIVE LISTENING DEVICE AND HIS
OR HER PREFERRED METHOD OF COMMUNICATION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
A                                                          LBD08535-01-9

A. 7853                             2

  (B) WHEN NECESSARY, HOSPITALS MUST FURNISH A QUALIFIED INTERPRETER  TO
ENSURE  EFFECTIVE  COMMUNICATION BETWEEN A PATIENT OR RESPONSIBLE PERSON
WITH A HEARING IMPAIRMENT AND THE PATIENT'S PHYSICIAN AND OTHER HOSPITAL
PERSONNEL.
  (C)  A  PATIENT  OR  RESPONSIBLE  PERSON WITH A HEARING IMPAIRMENT MAY
DESIGNATE A PERSON TO SERVE AS AN INTERPRETER FOR THE PURPOSES  OF  THIS
SECTION.
  (D) HOSPITALS MUST MAKE AVAILABLE AUXILIARY HEARING AIDS AND ASSISTIVE
LISTENING  DEVICES,  WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO, HEARING
AID-COMPATIBLE TELEPHONES, TELEPHONE HANDSET AMPLIFIERS, AND  TELECOMMU-
NICATION DEVICES FOR THE DEAF WHERE NECESSARY TO ENSURE EFFECTIVE COMMU-
NICATION.
  (E)  THE RESTRAINT OF THE HANDS OF A PATIENT WHO HAS A HEARING IMPAIR-
MENT SHALL BE MINIMIZED.
  (F) PROCEDURES SHALL BE DEVELOPED TO RECEIVE  AND  ADDRESS  GRIEVANCES
CONCERNING REGULATIONS PROMULGATED UNDER THIS SECTION.
  S  2. This act shall take effect on the first of January next succeed-
ing the date on which it shall have  become  a  law.    Any  regulations
necessary for the implementation of this act on its effective date shall
be promulgated on or before such date.

co-Sponsors

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multi-Sponsors

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2009-A7853A (ACTIVE) - Details

See Senate Version of this Bill:: S8107
Law Section:: Public Health Law
Laws Affected:: Add §2805-u, Pub Health L

2009-A7853A (ACTIVE) - Summary

2009-A7853A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:A7853A

TITLE OF BILL:  An act to amend the public health law, in relation to
authorizing the health department to develop regulations pertaining to
hard of hearing hospital patients and others

PURPOSE OR GENERAL IDEA OF BILL: To authorize the Department of Health
(DOH) to develop regulations pertaining to deaf, deaf-blind and hard of
hearing hospital patients, or patients of minor age whose parents or
guardians are deaf, deaf-blind or hard of hearing.

SUMMARY OF SPECIFIC PROVISIONS: Section one amends the public health law
by adding a new section 2805-a which defines the terms "hearing impair-
ment", "patient", and "responsible person." Section one also provides
that DOH shall adopt regulations concerning patients and responsible
persons who are hearing impaired. Such regulations shall require all
hospitals, except when not medically feasible, to ascertain at the time
of admission whether a patient or responsible person needs an interpret-
er or an assistive listening device and his or her preferred method of
communication. When necessary, hospitals must furnish a qualified inter-
preter or auxiliary hearing aids and assistive listening devices. A
patient or responsible person may designate a person to serve as an
interpreter for the purposes of this section. The restraint of the hands
of a patient who has a hearing impairment shall be minimized. Addi-
tionally, there shall be procedures developed to receive and address
grievances concerning regulations promulgated under this section.

Section two provides that this legislation shall take effect on the
first of January following the date on which it shall have become a law,
provided that any regulations necessary shall have been promulgated on
or before such date.

JUSTIFICATION: People who are deaf, hard of hearing or deaf-blind
encounter barriers to the use of routinely provided health and medical
services that do not exist for hearing people. It is especially impor-
tant for health professionals such as nurses, doctors, admission office
personnel, social workers, and pharmacists to realize that deaf people
communicate in different ways depending on such factors as language
skills, amount of residual hearing, speech reading skills and speech
abilities. Hard of hearing patients need assistive listening devices.
Deaf-blind patients need interpreter services appropriate to them.

The health and mental health needs of the deaf community are comparable
to their hearing counterparts. However, barriers to communication,
insensitivity to or lack of knowledge about deaf culture and limited
training related to the unique needs of deaf people have resulted in a
scarcity of effective health services for deaf people. Without special
services tailored to the unique communication needs of deaf, hard of
hearing and deaf-blind people, their medical and mental health needs
will continue to be unmet. Health services must be completely accessible
to deaf, hard of hearing and deaf-blind persons - socially, psychologi-
cally, and communicatively - in order for them to be comfortable enough

to access health care. By providing necessary and appropriate means of
communicating, the deaf community will have equal access to health care.

PRIOR LEGISLATIVE HISTORY:
A.11377 (1994)
A.6261 (1995) - referred to Health
A.6261 (1996) - reported referred to Rules
A.1590 (1997-98) - passed Assembly
A.842 (1999-00) - passed Assembly
A.7688 (2001-02) - passed Assembly
A.6614 (2003-04) - passed Assembly
A.9981 (2006) - passed Assembly.
A.7137 (2007-08) - passed Assembly.
A.7853 (2009)- passed Assembly.

FISCAL IMPLICATION: None.

EFFECTIVE  DATE:  The  first of January after the date on which it shall
have become law, provided that any regulations necessary for the  imple-
mentation  of  this act on its effective date shall be promulgated on or
before such date.

2009-A7853A (ACTIVE) - Bill Text download pdf

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

                                 7853--A
                                                        Cal. No. 530

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             April 27, 2009
                               ___________

Introduced by M. of A. WEISENBERG, BOYLAND, CUSICK, ENGLEBRIGHT, ESPAIL-
  LAT,   JAFFEE,  JOHN,  KAVANAGH,  KOON,  MAYERSOHN,  PAULIN,  PHEFFER,
  J. RIVERA, SCHROEDER, TITUS -- Multi-Sponsored by -- M. of A.  ALFANO,
  AMEDORE,  BACALLES,  BALL,  BARCLAY,  BARRA,  BOYLE,  BRENNAN,  CLARK,
  COLTON, CORWIN, DUPREY, FITZPATRICK, GIGLIO, GOTTFRIED, HAWLEY,  HOOP-
  ER,  JORDAN,  KELLNER,  KOLB,  LUPARDO, McDONOUGH, McENENY, J. MILLER,
  MILLMAN,  MOLINARO,  OAKS,  PEOPLES-STOKES,  RABBITT,  RAIA,  REILICH,
  ROBINSON,  SCOZZAFAVA, TEDISCO, THIELE, TOBACCO, TOWNSEND -- 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  authorizing  the
  health department to develop regulations pertaining to hard of hearing
  hospital patients and others

  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
2805-u to read as follows:
  S  2805-U. HOSPITAL; PERSONS WITH A HEARING IMPAIRMENT. 1. THE FOLLOW-
ING DEFINITIONS SHALL APPLY TO THIS SECTION:
  (A) "HEARING IMPAIRMENT" MEANS A CONDITION THAT HAS RENDERED A  PERSON
HARD OF HEARING, DEAF, OR DEAF-BLIND.
  (B) "PATIENT" MEANS A PERSON RECEIVING HEALTH CARE AT A HOSPITAL.
  (C) "RESPONSIBLE PERSON" MEANS A PARENT, GUARDIAN, OR PERSON OTHERWISE
RESPONSIBLE FOR THE HEALTH CARE DECISIONS OF A PATIENT.
  2.  THE  DEPARTMENT  SHALL  ADOPT  REGULATIONS CONCERNING PATIENTS AND
RESPONSIBLE PERSONS WHO HAVE A HEARING IMPAIRMENT, WHICH  SHALL  REQUIRE
AT LEAST THE FOLLOWING:
  (A) EXCEPT WHERE NOT MEDICALLY FEASIBLE, ALL HOSPITALS SHALL ASCERTAIN
AT  THE  TIME OF ADMISSION WHETHER A PATIENT OR RESPONSIBLE PERSON HAS A
HEARING IMPAIRMENT. IF SO, THE HOSPITAL SHALL ASCERTAIN WHETHER  OR  NOT

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

                                                           LBD08535-02-0

A. 7853--A                          2

HE  OR SHE NEEDS AN INTERPRETER OR AN ASSISTIVE LISTENING DEVICE AND HIS
OR HER PREFERRED METHOD OF COMMUNICATION.
  (B)  WHEN NECESSARY, HOSPITALS MUST FURNISH A QUALIFIED INTERPRETER TO
ENSURE EFFECTIVE COMMUNICATION BETWEEN A PATIENT OR  RESPONSIBLE  PERSON
WITH A HEARING IMPAIRMENT AND THE PATIENT'S PHYSICIAN AND OTHER HOSPITAL
PERSONNEL.
  (C)  A  PATIENT  OR  RESPONSIBLE  PERSON WITH A HEARING IMPAIRMENT MAY
DESIGNATE A PERSON TO SERVE AS AN INTERPRETER FOR THE PURPOSES  OF  THIS
SECTION.
  (D) HOSPITALS MUST MAKE AVAILABLE AUXILIARY HEARING AIDS AND ASSISTIVE
LISTENING  DEVICES,  WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO, HEARING
AID-COMPATIBLE TELEPHONES, TELEPHONE HANDSET AMPLIFIERS, AND  TELECOMMU-
NICATION DEVICES FOR THE DEAF WHERE NECESSARY TO ENSURE EFFECTIVE COMMU-
NICATION.
  (E)  THE RESTRAINT OF THE HANDS OF A PATIENT WHO HAS A HEARING IMPAIR-
MENT SHALL BE MINIMIZED.
  (F) PROCEDURES SHALL BE DEVELOPED TO RECEIVE  AND  ADDRESS  GRIEVANCES
CONCERNING REGULATIONS PROMULGATED UNDER THIS SECTION.
  S  2. This act shall take effect on the first of January next succeed-
ing the date on which it shall have  become  a  law.    Any  regulations
necessary for the implementation of this act on its effective date shall
be promulgated on or before such date.

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Assembly Bill A7853A

Sponsored By

Archive: Last Bill Status - On Floor Calendar

Actions

Bill Amendments

co-Sponsors

multi-Sponsors

2009-A7853 - Details

2009-A7853 - Summary

2009-A7853 - Bill Text download pdf

co-Sponsors

multi-Sponsors

2009-A7853A (ACTIVE) - Details

2009-A7853A (ACTIVE) - Summary

2009-A7853A (ACTIVE) - Sponsor Memo

2009-A7853A (ACTIVE) - Bill Text download pdf

Comments

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Sponsored By

WEISENBERG

Archive: Last Bill Status - On Floor Calendar

Actions

Bill Amendments

co-Sponsors

William Boyland

Michael Cusick

Steven Englebright

Adriano Espaillat

multi-Sponsors

Thomas Alfano

George Amedore

James Bacalles

Greg Ball

2009-A7853 - Details

2009-A7853 - Summary

2009-A7853 - Bill Text download pdf

co-Sponsors

William Boyland

Michael Cusick

Steven Englebright

Adriano Espaillat

multi-Sponsors

Thomas Alfano

George Amedore

James Bacalles

Greg Ball

2009-A7853A (ACTIVE) - Details

2009-A7853A (ACTIVE) - Summary

2009-A7853A (ACTIVE) - Sponsor Memo

2009-A7853A (ACTIVE) - Bill Text download pdf

Comments