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

                                  5761

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 28, 2011
                               ___________

Introduced  by  M.  of  A.  P. RIVERA  --  read once and referred to the
  Committee on Higher Education

AN ACT to amend the education law and the public health law, in relation
  to requiring  cultural  awareness  and  competence  training  for  all
  medical  professionals; to amend the public health law, in relation to
  a public health education program; to  amend  the  insurance  law,  in
  relation  to  requiring  health  maintenance  organizations to provide
  funding for such  cultural  awareness  and  competence  training;  and
  making an appropriation therefor

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The education law is amended by adding a new section 6505-d
to read as follows:
  S 6505-D. COURSE WORK OR TRAINING IN  CULTURAL  AWARENESS  AND  COMPE-
TENCE.  1.  EVERY  PHYSICIAN,  PHYSICIAN  ASSISTANT, DENTIST, REGISTERED
NURSE, LICENSED PRACTICAL  NURSE,  PODIATRIST,  OPTOMETRIST  AND  DENTAL
HYGIENIST  PRACTICING  IN  THE STATE SHALL, ON OR BEFORE JULY FIRST, TWO
THOUSAND ELEVEN AND EVERY TWO YEARS THEREAFTER, COMPLETE COURSE WORK  OR
TRAINING  APPROPRIATE  TO  THE  PROFESSIONAL'S  PRACTICE APPROVED BY THE
DEPARTMENT REGARDING CULTURAL AWARENESS AND COMPETENCE IN  THE  NON-DIS-
CRIMINATORY PROVISION OF MEDICAL SERVICES, IN ACCORDANCE WITH REGULATORY
STANDARDS  PROMULGATED  BY  THE  DEPARTMENT,  IN  CONSULTATION  WITH THE
DEPARTMENT OF HEALTH. THE DEPARTMENT SHALL ALSO CONSULT  WITH  ORGANIZA-
TIONS  REPRESENTATIVE OF PROFESSIONS, INSTITUTIONS AND THOSE WITH EXPER-
TISE IN CULTURAL AWARENESS AND COMPETENCE WITH RESPECT TO THE REGULATORY
STANDARDS PROMULGATED PURSUANT TO THIS SECTION.
  2. EACH SUCH PROFESSIONAL SHALL DOCUMENT TO THE DEPARTMENT AT THE TIME
OF REGISTRATION COMMENCING WITH THE FIRST REGISTRATION AFTER JULY FIRST,
TWO THOUSAND ELEVEN THAT THE PROFESSIONAL HAS COMPLETED COURSE  WORK  OR
TRAINING  IN  ACCORDANCE  WITH  THIS  SECTION; PROVIDED, HOWEVER, THAT A
PROFESSIONAL SUBJECT TO THE PROVISIONS OF PARAGRAPH (F)  OF  SUBDIVISION

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09475-01-1
              

A. 5761                             2

ONE  OF  SECTION  TWENTY-EIGHT  HUNDRED  FIVE-K OF THE PUBLIC HEALTH LAW
SHALL NOT BE REQUIRED TO SO DOCUMENT.
  3.  THE DEPARTMENT SHALL PROVIDE AN EXEMPTION FROM THIS REQUIREMENT TO
ANYONE WHO REQUESTS SUCH AN EXEMPTION AND WHO (I)  CLEARLY  DEMONSTRATES
TO  THE DEPARTMENT'S SATISFACTION THAT THERE WOULD BE NO NEED FOR HIM OR
HER TO COMPLETE SUCH COURSE WORK OR TRAINING BECAUSE OF  THE  NATURE  OF
HIS  OR HER PRACTICE OR (II) THAT HE OR SHE HAS COMPLETED COURSE WORK OR
TRAINING DEEMED BY THE DEPARTMENT TO BE EQUIVALENT TO THE COURSE WORK OR
TRAINING APPROVED BY THE DEPARTMENT PURSUANT TO THIS SECTION.
  S 2. Paragraph (f) of subdivision 1 of section 2805-k  of  the  public
health law, as amended by chapter 477 of the laws of 2008, is amended to
read as follows:
  (f)  Documentation  that  the  physician,  dentist  or  podiatrist has
completed the course work or training as mandated by section two hundred
thirty-nine of this chapter or section six thousand five hundred  five-b
of  the education law OR SECTION SIXTY-FIVE HUNDRED FIVE-D OF THE EDUCA-
TION LAW.  A hospital or facility shall not grant or renew  professional
privileges or association to a physician, dentist, or podiatrist who has
not completed such course work or training.
  S  3.  Section 206 of the public health law is amended by adding a new
subdivision 28 to read as follows:
  28. THE COMMISSIONER IS AUTHORIZED AND DIRECTED TO DEVELOP AND  IMPLE-
MENT  A  STATEWIDE,  COMMUNITY-BASED  PUBLIC HEALTH EDUCATION PROGRAM TO
REDUCE THE ROOT CAUSES OF DISPARITIES  IN  MINORITY  HEALTH  CARE.  SUCH
EDUCATION  PROGRAM SHALL BE AIMED AT HEALTH CARE PROFESSIONALS, PATIENTS
AND PATIENT ADVOCATES. THE COMMISSIONER AND THE DEPARTMENT  MAY  CONSULT
WITH THE APPROPRIATE PROFESSIONALS IN DEVELOPING AND IMPLEMENTING SUCH A
PROGRAM.  THE  COMMISSIONER  SHALL  ADMINISTER ANY FUNDS APPROPRIATED OR
OTHERWISE PROVIDED BY LAW FOR SUCH HEALTH EDUCATION PROGRAM.
  S 4. Paragraph 3 of subsection (d) of section 4310  of  the  insurance
law, as amended by chapter 266 of the laws of 1986, is amended and a new
paragraph 4 is added to read as follows:
  (3)  every  such corporation shall, after the first full calendar year
of doing business, accumulate and  maintain  a  statutory  reserve  fund
which  shall from time to time during each calendar year be increased in
an amount equal to at least five per centum of the net premium income of
such corporation during such whole  calendar  year  until  such  reserve
shall  be  at  least equal to fifty thousand dollars and thereafter such
reserve shall be accumulated and maintained in the manner prescribed[.];
  (4) EACH CORPORATION'S STATUTORY RESERVE FUND SHALL  BE  INCREASED  AT
THE  END  OF  THE  CALENDAR  YEAR  TO THE EXTENT DEEMED NECESSARY BY THE
SUPERINTENDENT, IN CONSULTATION WITH  THE  COMMISSIONER  OF  HEALTH,  TO
PROVIDE  CAPITAL  NECESSARY  TO  ESTABLISH  AND MAINTAIN THE HEALTH CARE
PROVIDER TRAINING IN CULTURAL AWARENESS AND COMPETENCE, AS  PROVIDED  BY
SECTION  TWO  HUNDRED SIX OF THE PUBLIC HEALTH LAW AND SECTION SIX THOU-
SAND FIVE HUNDRED FIVE-D OF THE EDUCATION LAW.
  S 5. The sum of one hundred thousand dollars ($100,000),  or  so  much
thereof as may be necessary, is hereby appropriated to the department of
health  out  of  any moneys in the state treasury in the general fund to
the credit of the state purposes account,  not  otherwise  appropriated,
and  made  immediately  available,  for such purpose of carrying out the
provisions of section three of this act. Such moneys shall be payable on
the audit and warrant  of  the  comptroller  on  vouchers  certified  or
approved  by  the  commissioner of health, or his or her duly designated
representative in the manner prescribed by law. No expenditure shall  be
made  from  this appropriation until a certificate of approval of avail-

A. 5761                             3

ability shall have been issued by the director of the budget  and  filed
with  the  state  comptroller  and a copy filed with the chairman of the
senate finance committee and the chairman of the assembly ways and means
committee.  Such  certificate  may  be  amended from time to time by the
director of the budget and a copy of each such amendment shall be  filed
with the state comptroller, the chairman of the senate finance committee
and the chairman of the assembly ways and means committee.
  S 6. This act shall take effect immediately.