Assembly Bill A10378

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

                                  10378

                          I N  A S S E M B L Y

                              May 24, 2012
                               ___________

Introduced by M. of A. KAVANAGH -- read once and referred to the Commit-
  tee 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-t to read as follows:
  S 2803-T. 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
PLAN,  AND  THAT  ALL  STAFF  MEMBERS WHO PROVIDE MEDICAL INTERPRETATION
SERVICES IN PRIMARY LANGUAGES HAVE RECEIVED TRAINING IN  MEDICAL  INTER-
PRETATION. SUCH INDIVIDUAL PROVIDING LANGUAGE ASSISTANCE SERVICES MAY BE

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

                                                           LBD02172-01-1

A. 10378                            2

A  QUALIFIED  INTERPRETER, VOLUNTARY WORKER OR OTHER PERSONNEL CURRENTLY
EMPLOYED BY SAID HOSPITAL AND MAY PERFORM OTHER DUTIES  AS  DIRECTED  BY
THE HOSPITAL.
  2.   THE  STATEMENT  REGARDING  PATIENT  RIGHTS  AND  RESPONSIBILITIES
REQUIRED PURSUANT TO PARAGRAPH (G) OF SUBDIVISION ONE OF  SECTION  TWEN-
TY-EIGHT HUNDRED THREE OF THIS ARTICLE SHALL INCLUDE A PROVISION NOTIFY-
ING  PATIENTS  OF  THE  AVAILABILITY  OF  LANGUAGE  ASSISTANCE SERVICES,
INCLUDING ORAL INTERPRETATION AND TRANSLATIONS OF FORMS AND OTHER  MATE-
RIALS.  NOTICE OF THE AVAILABILITY OF LANGUAGE ASSISTANCE SERVICES SHALL
ALSO BE POSTED IN CONSPICUOUS LOCATIONS THROUGHOUT THE HOSPITAL  AND  IN
OUTPATIENT CLINICS, IN ALL PRIMARY LANGUAGES.
  3.  (A)  EVERY  HOSPITAL  SHALL  SUBMIT  TO THE COMMISSIONER AN ANNUAL
REPORT ASSESSING ITS COMPLIANCE WITH THE REQUIREMENTS OF  THIS  SECTION.
THE  REPORT  SHALL  IDENTIFY THE PRIMARY LANGUAGES USED BY ITS PATIENTS,
AND THE PERCENTAGE OF THE HOSPITAL'S PATIENTS WHO SPEAK EACH SUCH PRIMA-
RY LANGUAGE.
  (B) THE HOSPITAL SHALL MAINTAIN  A  RECORD  OF  THE  FOREIGN  LANGUAGE
PRIMARILY SPOKEN BY ANY PATIENT SEEKING OR RECEIVING LANGUAGE ASSISTANCE
SERVICES  AT THE HOSPITAL. SUCH INFORMATION SHALL BE RECORDED WHETHER OR
NOT SUCH PATIENT ACTUALLY OBTAINS SUCH SERVICES.
  4.  THE COMMISSIONER SHALL PROMULGATE SUCH RULES  AND  REGULATIONS  AS
MAY BE NECESSARY AND PROPER TO IMPLEMENT THE PROVISIONS OF THIS SECTION,
WHICH SHALL INCLUDE THE METHODOLOGY TO BE USED BY HOSPITALS IN DETERMIN-
ING PRIMARY LANGUAGES.
  5. FOR PURPOSES OF THIS SECTION:
  (A)  "PRIMARY  LANGUAGE"  MEANS  A LANGUAGE OTHER THAN ENGLISH THAT IS
EITHER (I) USED TO COMMUNICATE, DURING AT LEAST ONE PERCENT  OF  PATIENT
VISITS  IN  A  YEAR, BY PATIENTS WHO CANNOT SPEAK, READ, WRITE OR UNDER-
STAND THE ENGLISH LANGUAGE AT THE LEVEL  OF  PROFICIENCY  NECESSARY  FOR
EFFECTIVE  COMMUNICATION  WITH  HEALTH CARE PROVIDERS; OR (II) SPOKEN BY
NON-ENGLISH SPEAKING INDIVIDUALS COMPRISING MORE THAN ONE PERCENT OF THE
PRIMARY HOSPITAL SERVICE AREA POPULATION, AS CALCULATED BY  USING  DEMO-
GRAPHIC  INFORMATION  AVAILABLE  FROM  THE  UNITED  STATES BUREAU OF THE
CENSUS, SUPPLEMENTED BY DATA FROM SCHOOL SYSTEMS;
  (B) "PATIENT VISITS" SHALL INCLUDE ALL VISITS BY PATIENTS TO EMERGENCY
ROOMS AND OUTPATIENT CLINICS, AS WELL AS  INPATIENT  ADMISSIONS  OF  THE
HOSPITAL;
  (C)  "PATIENT  ASSISTANT" SHALL MEAN AN INDIVIDUAL WHO COMMUNICATES ON
BEHALF OF ANOTHER WHO, BY REASON OF AGE OR INCAPACITY,  CANNOT  COMMUNI-
CATE FOR HIMSELF OR HERSELF; AND
  (D) "HOSPITAL" SHALL MEAN A GENERAL HOSPITAL AS DEFINED IN SUBDIVISION
TEN OF SECTION TWENTY-EIGHT HUNDRED ONE OF THIS ARTICLE.
  6.  NOTHING  IN  THIS  SECTION  SHALL PRECLUDE MEDICAL FACILITIES FROM
PROVIDING LANGUAGE ASSISTANCE SERVICES IN  ADDITION  TO  THOSE  REQUIRED
UNDER THIS SECTION.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.