S T A T E O F N E W Y O R K
________________________________________________________________________
1236
2017-2018 Regular Sessions
I N A S S E M B L Y
January 11, 2017
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Introduced by M. of A. ROZIC, KAVANAGH -- read once and referred 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-v to read as follows:
§ 2803-V. 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.
LBD00886-01-7
A. 1236 2
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
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.
§ 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.