S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    387
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced  by  M. of A. ROZIC, SIMON, WEPRIN, SEAWRIGHT, HEVESI -- 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-bb to read as follows:
   §  2803-BB.  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01392-01-5
 A. 387                              2
 
 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
 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 THEMSELF; 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.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  387--B
                                                          Cal. No. 61
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced  by M. of A. ROZIC, SIMON, WEPRIN, SEAWRIGHT, HEVESI, TAYLOR,
   SCHIAVONI, SHIMSKY,  DeSTEFANO,  McDONOUGH,  EPSTEIN,  BURDICK,  CRUZ,
   PAULIN,  LEE,  BRAUNSTEIN,  COLTON,  KIM, BICHOTTE HERMELYN, SAYEGH --
   read once and  referred  to  the  Committee  on  Health  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to  said  committee  --  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 requiring general
   hospitals 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-bb to read as follows:
   § 2803-BB. PROVISION OF LANGUAGE ASSISTANCE.  EVERY  GENERAL  HOSPITAL
 SHALL  DEVELOP A LANGUAGE ASSISTANCE PROGRAM TO ENSURE MEANINGFUL ACCESS
 TO THE GENERAL HOSPITAL'S SERVICES AND REASONABLE ACCOMMODATION FOR  ALL
 PATIENTS  WHO  REQUIRE  LANGUAGE  ASSISTANCE. PROGRAM REQUIREMENTS SHALL
 INCLUDE:
   1. THE DESIGNATION OF A  LANGUAGE  ASSISTANCE  COORDINATOR  WHO  SHALL
 REPORT  TO  GENERAL  HOSPITAL ADMINISTRATION AND WHO SHALL PROVIDE OVER-
 SIGHT FOR THE PROVISION OF LANGUAGE ASSISTANCE SERVICES;
   2. POLICIES AND PROCEDURES THAT ENSURE TIMELY IDENTIFICATION AND ONGO-
 ING ACCESS FOR PATIENTS IN NEED OF LANGUAGE ASSISTANCE SERVICES;
   3. THE DEVELOPMENT OF  MATERIALS  THAT  WILL  BE  MADE  AVAILABLE  FOR
 PATIENTS AND POTENTIAL PATIENTS THAT SUMMARIZE THE PROCESS AND METHOD TO
 ACCESS FREE LANGUAGE ASSISTANCE SERVICES;
   4.  ONGOING  EDUCATION  AND  TRAINING FOR ADMINISTRATIVE, CLINICAL AND
 OTHER EMPLOYEES WITH DIRECT PATIENT CARE CONTACT  REGARDING  THE  IMPOR-
 TANCE  OF  CULTURALLY  AND LINGUISTICALLY COMPETENT SERVICE DELIVERY AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD01392-06-5
 A. 387--B                           2
 
 HOW TO ACCESS THE GENERAL HOSPITAL'S  LANGUAGE  ASSISTANCE  SERVICES  ON
 BEHALF OF PATIENTS;
   5. SIGNAGE, AS DESIGNATED BY THE DEPARTMENT, REGARDING THE AVAILABILI-
 TY  OF  FREE  LANGUAGE ASSISTANCE SERVICES IN PUBLIC ENTRY LOCATIONS AND
 OTHER PUBLIC LOCATIONS;
   6. IDENTIFICATION OF LANGUAGE OF PREFERENCE AND LANGUAGE NEEDS OF EACH
 PATIENT UPON INITIAL VISIT TO THE GENERAL HOSPITAL;
   7. DOCUMENTATION IN THE MEDICAL RECORD OF THE  PATIENT'S  LANGUAGE  OF
 PREFERENCE,  LANGUAGE  NEEDS,  AND THE ACCEPTANCE OR REFUSAL OF LANGUAGE
 ASSISTANCE SERVICES;
   8. A PROVISION THAT FAMILY MEMBERS, FRIENDS, OR  NON-GENERAL  HOSPITAL
 PERSONNEL SHALL NOT ACT AS INTERPRETERS, UNLESS:
   (A) THE PATIENT AGREES TO THEIR USE;
   (B)  FREE INTERPRETER SERVICES HAVE BEEN OFFERED BY THE GENERAL HOSPI-
 TAL AND REFUSED; AND
   (C) ISSUES OF AGE, COMPETENCY, CONFIDENTIALITY, OR CONFLICTS OF INTER-
 EST ARE TAKEN INTO ACCOUNT. ANY  INDIVIDUAL  ACTING  AS  AN  INTERPRETER
 SHOULD  BE  SIXTEEN  YEARS  OF  AGE  OR  OLDER; INDIVIDUALS YOUNGER THAN
 SIXTEEN YEARS OF AGE SHALL ONLY BE USED IN EMERGENCY  CIRCUMSTANCES  AND
 THEIR USE DOCUMENTED IN THE MEDICAL RECORD;
   9.  MANAGEMENT  OF  A  RESOURCE  OF  SKILLED  INTERPRETERS AND PERSONS
 SKILLED IN COMMUNICATING WITH VISION  AND/OR  HEARING-IMPAIRED  INDIVID-
 UALS.    INTERPRETERS  AND  PERSONS SKILLED IN COMMUNICATING WITH VISION
 AND/OR HEARING-IMPAIRED INDIVIDUALS SHALL BE AVAILABLE TO PATIENTS WITH-
 IN A REASONABLE PERIOD OF TIME FROM A REQUEST TO GENERAL HOSPITAL ADMIN-
 ISTRATION BY THE PATIENT, THE PATIENT'S FAMILY OR REPRESENTATIVE OR  THE
 PROVIDER  OF  MEDICAL CARE. THE COMMISSIONER MAY APPROVE REASONABLE TIME
 PERIODS TO THE PROVISIONS OF THIS SUBDIVISION REGARDING INTERPRETERS AND
 PERSONS SKILLED IN COMMUNICATING  WITH  VISION  AND/OR  HEARING-IMPAIRED
 INDIVIDUALS FOR PATIENTS OF RURAL GENERAL HOSPITALS WHICH:
   (A)  DEMONSTRATE  THAT  THEY HAVE TAKEN AND ARE CONTINUING TO TAKE ALL
 REASONABLE STEPS TO FULFILL THESE  REQUIREMENTS  BUT  ARE  NOT  ABLE  TO
 FULFILL  SUCH  REQUIREMENTS  IMMEDIATELY  FOR REASONS BEYOND THE GENERAL
 HOSPITAL'S CONTROL; AND
   (B) HAVE DEVELOPED AND IMPLEMENTED EFFECTIVE INTERIM PLANS  ADDRESSING
 THE  COMMUNICATIONS NEEDS OF INDIVIDUALS IN THE GENERAL HOSPITAL SERVICE
 AREA;
   10. AN  ANNUAL  NEEDS  ASSESSMENT  UTILIZING  DEMOGRAPHIC  INFORMATION
 AVAILABLE  FROM THE UNITED STATES BUREAU OF THE CENSUS, GENERAL HOSPITAL
 ADMINISTRATIVE DATA, SCHOOL SYSTEM DATA, OR OTHER  SOURCES,  THAT  SHALL
 IDENTIFY  LIMITED  ENGLISH-SPEAKING  GROUPS  COMPRISING  MORE  THAN  ONE
 PERCENT  OF  THE  TOTAL  GENERAL  HOSPITAL  SERVICE   AREA   POPULATION.
 TRANSLATIONS/TRANSCRIPTIONS  OF  SIGNIFICANT  GENERAL HOSPITAL FORMS AND
 INSTRUCTIONS SHALL BE REGULARLY AVAILABLE FOR THE  LANGUAGES  IDENTIFIED
 BY THE NEEDS ASSESSMENT; AND
   11.  REASONABLE  ACCOMMODATION FOR A FAMILY MEMBER OR PATIENT'S REPRE-
 SENTATIVE TO BE PRESENT TO  ASSIST  WITH  THE  COMMUNICATION  ASSISTANCE
 NEEDS FOR PATIENTS WITH MENTAL AND DEVELOPMENTAL DISABILITIES.
   § 2. This act shall take effect immediately.