S T A T E O F N E W Y O R K
________________________________________________________________________
10494
I N S E N A T E
May 15, 2026
___________
Introduced by Sen. RIVERA -- read twice and ordered printed, and when
printed to be committed to the Committee on Health
AN ACT to amend the public health law, in relation to requiring certain
healthcare facilities to establish patient rights and healthcare
facility obligations relating to civil immigration enforcement
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Short title. This act shall be known and may be cited as
the "safe access to care act".
§ 2. The public health law is amended by adding a new section 2803-c-3
to read as follows:
§ 2803-C-3. PATIENT RIGHTS AND HEALTHCARE FACILITY OBLIGATIONS; IMMI-
GRATION ENFORCEMENT. 1. DEFINITIONS. FOR THE PURPOSES OF THIS SECTION:
(A) "CIVIL IMMIGRATION ENFORCEMENT" MEANS ANY AND ALL EFFORTS TO
INVESTIGATE, ENFORCE, OR ASSIST IN THE INVESTIGATION OR ENFORCEMENT OF
ANY FEDERAL CIVIL IMMIGRATION LAW, INCLUDING BUT NOT LIMITED TO THE
APPREHENSION, ARREST, DETENTION, OR REMOVAL OF ANY PERSON ON THE BASIS
OF IMMIGRATION STATUS.
(B) "JUDICIAL WARRANT OR JUDICIAL ORDER" MEANS AN ARREST WARRANT,
SEARCH WARRANT, OR OTHER JUDICIAL ORDER ISSUED BY A JUDGE OR MAGISTRATE
OF THE JUDICIAL BRANCH OF A STATE OR FEDERAL COURT SPECIFICALLY AUTHOR-
IZING THE DESCRIBED ACTION AT THE DESCRIBED LOCATION.
(C) "HEALTHCARE FACILITY" MEANS A HOSPITAL, DIAGNOSTIC AND TREATMENT
CENTER, RESIDENTIAL HEALTHCARE FACILITY, NURSING HOME, CLINIC, FEDERALLY
QUALIFIED HEALTH CENTER, AMBULATORY SURGERY CENTER, BIRTHING CENTER,
COMMUNITY MENTAL HEALTH CENTER, OR ANY OTHER FACILITY LICENSED PURSUANT
TO THIS ARTICLE OR ARTICLE THIRTY-ONE OR THIRTY-THREE OF THIS CHAPTER.
THE TERM "HEALTHCARE FACILITY" INCLUDES BOTH PUBLICLY AND PRIVATELY
OWNED OR OPERATED FACILITIES.
(D) "NONPUBLIC AREA" MEANS ANY AREA OF A HEALTHCARE FACILITY WHERE
PATIENTS RECEIVE CARE, TREATMENT, OR SERVICES, OR WHERE PATIENTS'
PROTECTED HEALTH INFORMATION IS DISCUSSED, STORED, OR ACCESSIBLE,
INCLUDING BUT NOT LIMITED TO PATIENT ROOMS, EXAMINATION ROOMS, TREATMENT
AREAS, SURGICAL SUITES, EMERGENCY DEPARTMENTS, LABOR AND DELIVERY AREAS,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15195-04-6
S. 10494 2
PSYCHIATRIC UNITS, INTENSIVE CARE UNITS, WAITING AREAS FOR PATIENTS
UNDERGOING ACTIVE INTAKE, PHARMACY DISPENSING AREAS, AND RECORDS STORAGE
AREAS. FACILITIES SHALL DESIGNATE NONPUBLIC AREAS THROUGH MAPPING,
SIGNAGE, KEY OR BADGE ENTRY SYSTEMS, OR A COMBINATION THEREOF, CONSIST-
ENT WITH GUIDANCE ISSUED BY THE DEPARTMENT PURSUANT TO SUBDIVISION SEVEN
OF THIS SECTION.
2. PATIENT RIGHTS AND FACILITY OBLIGATIONS. (A) EVERY HEALTHCARE
FACILITY SHALL ADOPT AND MAKE PUBLIC A STATEMENT OF PATIENT RIGHTS OF
THE PATIENTS WHO ARE RECEIVING CARE IN SUCH FACILITIES AND HEALTHCARE
FACILITY OBLIGATIONS WITH REGARDS TO IMMIGRATION ENFORCEMENT AND SHALL
TREAT SUCH PATIENTS IN ACCORDANCE WITH THE PROVISIONS OF SUCH STATEMENT.
EACH HEALTHCARE FACILITY SHALL CONSPICUOUSLY POST SUCH STATEMENT OF
PATIENT RIGHTS AND HEALTHCARE FACILITY OBLIGATIONS AND COMMUNICATE SUCH
RIGHTS AND OBLIGATIONS TO EACH PATIENT AT OR PRIOR TO THE TIME OF ADMIS-
SION OR PROVISION OF SERVICES, WHICHEVER IS EARLIER, OR TO THE PATIENT'S
PERSONAL REPRESENTATIVE UPON APPOINTMENT, AND TO EACH MEMBER OF THE
HEALTHCARE FACILITY'S STAFF.
(B) A HEALTHCARE FACILITY WHICH IS REQUIRED TO ADOPT A STATEMENT OF
RIGHTS AND RESPONSIBILITIES PURSUANT TO SECTION TWENTY-EIGHT HUNDRED
THREE-C OF THIS ARTICLE SHALL INCLUDE THE PATIENT RIGHTS AND FACILITY
OBLIGATIONS ESTABLISHED PURSUANT TO THIS SECTION IN THE STATEMENT OF
RIGHTS AND RESPONSIBILITIES REQUIRED PURSUANT TO SECTION TWENTY-EIGHT
HUNDRED THREE-C OF THIS ARTICLE.
(C) SUCH STATEMENT OF PATIENT RIGHTS AND HEALTHCARE FACILITY OBLI-
GATIONS SHALL INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING:
(I) EVERY PATIENT SHALL HAVE THE RIGHT TO RECEIVE CARE AND TREATMENT
IN A HEALTHCARE FACILITY FREE FROM UNLAWFUL INTERFERENCE BY CIVIL IMMI-
GRATION ENFORCEMENT AGENTS;
(II) EVERY PATIENT SHALL HAVE THE RIGHT TO HAVE THEIR PROTECTED HEALTH
INFORMATION, INCLUDING THEIR IMMIGRATION STATUS, NATIONAL ORIGIN, AND
PLACE OF BIRTH, KEPT CONFIDENTIAL AND NOT DISCLOSED TO ANY CIVIL IMMI-
GRATION ENFORCEMENT AGENT EXCEPT AS REQUIRED BY A VALID JUDICIAL WARRANT
OR JUDICIAL ORDER, OR AS OTHERWISE REQUIRED BY STATE OR FEDERAL LAW;
(III) EVERY PATIENT SHALL HAVE THE RIGHT TO BE INFORMED OF THE HEALTH-
CARE FACILITY'S POLICIES WITH RESPECT TO CIVIL IMMIGRATION ENFORCEMENT,
INCLUDING THE RIGHT TO KNOW THAT THE HEALTHCARE FACILITY WILL NOT VOLUN-
TARILY ALLOW ACCESS TO THE PATIENT'S PERSON, HEALTH INFORMATION, OR
TREATMENT AREA BY CIVIL IMMIGRATION ENFORCEMENT AGENTS ABSENT A VALID
JUDICIAL WARRANT OR JUDICIAL ORDER;
(IV) EVERY PATIENT WHO ARRIVES AT OR IS TRANSPORTED TO A HEALTHCARE
FACILITY WHILE IN THE CUSTODY OF CIVIL IMMIGRATION ENFORCEMENT AGENTS
SHALL BE AFFORDED THE SAME RIGHTS TO CARE, TREATMENT, AND INFORMED
CONSENT AS ANY OTHER PATIENT. THE FACT OF CIVIL IMMIGRATION DETENTION
SHALL NOT DIMINISH, CONDITION, OR RESTRICT ANY RIGHT SET FORTH IN THIS
SECTION OR ANY OTHER PROVISION OF THIS CHAPTER. SUCH PATIENTS SHALL BE
INFORMED OF THEIR RIGHTS IN A LANGUAGE THEY UNDERSTAND, INDEPENDENTLY OF
ANY COMMUNICATIONS THAT PASS THROUGH THEIR CUSTODIANS; AND
(V) EVERY PATIENT SHALL HAVE THE RIGHT TO RECEIVE INFORMATION ABOUT
THEIR RIGHTS UNDER THIS SECTION IN THE PATIENT'S PRIMARY LANGUAGE,
CONSISTENT WITH THE LANGUAGE ACCESS REQUIREMENTS OF THIS CHAPTER.
3. FACILITY ACCESS POLICIES. EACH HEALTHCARE FACILITY SHALL ADOPT AND
IMPLEMENT A WRITTEN IMMIGRATION ENFORCEMENT ACCESS POLICY THAT INCLUDES,
AT A MINIMUM:
(A) DESIGNATION OF ONE OR MORE HEALTHCARE FACILITY CONTACT PERSONS,
SUCH AS AN ADMINISTRATOR, SECURITY DIRECTOR, OR LEGAL COUNSEL, TO BE
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IMMEDIATELY NOTIFIED OF THE PRESENCE OF, OR ANY REQUEST FROM, A CIVIL
IMMIGRATION ENFORCEMENT AGENT AT THE HEALTHCARE FACILITY;
(B) PROCEDURES TO VERIFY THE IDENTITY AND AUTHORITY OF ANY PERSON
CLAIMING TO BE A CIVIL IMMIGRATION ENFORCEMENT AGENT;
(C) PROCEDURES TO VERIFY THE VALIDITY, SCOPE, AND SPECIFICITY OF ANY
JUDICIAL WARRANT OR JUDICIAL ORDER PRESENTED BY A CIVIL IMMIGRATION
ENFORCEMENT AGENT, INCLUDING WHETHER SUCH WARRANT OR ORDER WAS ISSUED BY
A JUDICIAL OFFICER, WHETHER IT SPECIFICALLY IDENTIFIES THE HEALTHCARE
FACILITY OR PERSON SUBJECT TO THE AUTHORIZED ACTION, AND WHETHER IT
AUTHORIZES ACCESS TO NONPUBLIC AREAS OF THE HEALTHCARE FACILITY;
(D) A CLEAR REQUIREMENT THAT CIVIL IMMIGRATION ENFORCEMENT AGENTS NOT
ACCOMPANYING PATIENTS WHO ARRIVE IN DETENTION SHALL BE DENIED ENTRANCE
TO THE NONPUBLIC AREAS OF THE HEALTHCARE FACILITY, TO ANY PATIENT, AND
TO ANY PATIENT DATA OR HEALTHCARE FACILITY RECORDS, IN THE ABSENCE OF A
VALID JUDICIAL WARRANT OR JUDICIAL ORDER SPECIFICALLY AUTHORIZING SUCH
ACCESS;
(E) PROCEDURES FOR HEALTHCARE FACILITY PERSONNEL TO, TO THE EXTENT
POSSIBLE, HAVE AT LEAST ONE WITNESS PRESENT AND TO DOCUMENT IN WRITING
EVERY INTERACTION WITH CIVIL IMMIGRATION ENFORCEMENT AGENTS, INCLUDING
THE DATE, TIME, NATURE OF THE REQUEST, IDENTITY AND CREDENTIALS OF THE
AGENT, AND THE HEALTHCARE FACILITY'S RESPONSE;
(F) PROCEDURES FOR THE IMMEDIATE REFERRAL OF ANY CIVIL IMMIGRATION
ENFORCEMENT ACCESS REQUEST TO THE DESIGNATED HEALTHCARE FACILITY CONTACT
PERSON, AND TO THE HEALTHCARE FACILITY'S LEGAL COUNSEL WHEN AVAILABLE;
(G) PROCEDURES FOR MONITORING, DOCUMENTING, AND CONTROLLING VISITOR
ACCESS TO NONPUBLIC AREAS OF THE HEALTHCARE FACILITY CONSISTENT WITH
THIS SECTION; AND
(H) A PLAN FOR NOTIFYING THE DEPARTMENT AND THE OFFICE OF THE ATTORNEY
GENERAL OF ANY CIVIL IMMIGRATION ENFORCEMENT ACTION TAKEN AT THE HEALTH-
CARE FACILITY WITHIN FORTY-EIGHT HOURS OF ITS OCCURRENCE.
4. PROHIBITION ON VOLUNTARY DISCLOSURE AND ACCESS. (A) NO HEALTHCARE
FACILITY, AND NO EMPLOYEE, CONTRACTOR, AGENT, OR VOLUNTEER OF A HEALTH-
CARE FACILITY, SHALL VOLUNTARILY:
(I) DISCLOSE TO ANY CIVIL IMMIGRATION ENFORCEMENT AGENT THE IMMI-
GRATION STATUS, NATIONAL ORIGIN, PLACE OF BIRTH, OR ANY OTHER PROTECTED
HEALTH INFORMATION OF ANY PATIENT; OR
(II) GRANT A CIVIL IMMIGRATION ENFORCEMENT AGENT ACCESS TO NONPUBLIC
AREAS OF THE HEALTHCARE FACILITY, TO ANY PATIENT, OR TO ANY HEALTHCARE
FACILITY RECORDS FOR THE PURPOSE OF IMMIGRATION ENFORCEMENT, EXCEPT AS
REQUIRED BY A VALID JUDICIAL WARRANT OR JUDICIAL ORDER OR AS OTHERWISE
REQUIRED BY STATE OR FEDERAL LAW.
(B) NOTHING IN THIS SUBDIVISION SHALL BE CONSTRUED TO PROHIBIT A
HEALTHCARE FACILITY FROM COOPERATING WITH LAW ENFORCEMENT IN CONNECTION
WITH A NON-IMMIGRATION CRIMINAL INVESTIGATION OR FROM COMPLYING WITH ANY
OTHER LAWFUL REQUIREMENT OF STATE OR FEDERAL LAW.
5. DETAINED PATIENTS. (A) PATIENTS WHO ARRIVE AT A HEALTHCARE FACILITY
WHILE IN THE CUSTODY OF CIVIL IMMIGRATION ENFORCEMENT AGENTS SHALL BE
AFFORDED THE SAME STANDARD OF CARE AND THE SAME RIGHTS AS ANY OTHER
PATIENT PRESENTING TO THE HEALTHCARE FACILITY, INCLUDING:
(I) THE RIGHT TO RECEIVE NECESSARY MEDICAL CARE, TREATMENT, AND EMER-
GENCY SERVICES WITHOUT DELAY ATTRIBUTABLE TO THEIR CUSTODIAL STATUS;
(II) THE RIGHT TO PROVIDE INFORMED CONSENT FOR OR TO REFUSE TREATMENT,
INDEPENDENTLY OF ANY CONSENT OR DIRECTION PROVIDED BY THEIR CUSTODIANS;
(III) THE RIGHT TO CONFIDENTIAL COMMUNICATION WITH THEIR TREATING
PROVIDERS, WHICH SHALL NOT BE MONITORED BY CIVIL IMMIGRATION ENFORCEMENT
S. 10494 4
AGENTS ABSENT A VALID JUDICIAL ORDER SPECIFICALLY AUTHORIZING SUCH MONI-
TORING;
(IV) THE RIGHT TO HAVE THEIR PROTECTED HEALTH INFORMATION KEPT CONFI-
DENTIAL, CONSISTENT WITH THE REQUIREMENTS OF THIS SUBDIVISION;
(V) THE RIGHT TO MENTAL HEALTH SCREENING AND SERVICES ON THE SAME
BASIS AS ANY OTHER PATIENT;
(VI) THE RIGHT TO TELEPHONE ACCESS, WHICH SHALL NOT BE MONITORED BY
CIVIL IMMIGRATION ENFORCEMENT AGENTS ABSENT A VALID JUDICIAL ORDER
SPECIFICALLY AUTHORIZING SUCH MONITORING, OR WHEN OTHERWISE AUTHORIZED
BY STATE OR FEDERAL LAW;
(VII) THE RIGHT TO PRIVATE CONVERSATIONS WITH FAMILY, EMERGENCY
CONTACTS, AND LEGAL REPRESENTATION, WHICH SHALL NOT BE MONITORED BY
CIVIL IMMIGRATION ENFORCEMENT AGENTS ABSENT A VALID JUDICIAL ORDER
SPECIFICALLY AUTHORIZING SUCH MONITORING, OR WHEN OTHERWISE AUTHORIZED
BY STATE OR FEDERAL LAW; AND
(VIII) THE RIGHT TO VISITATION, WHICH SHALL NOT BE MONITORED BY CIVIL
IMMIGRATION ENFORCEMENT AGENTS ABSENT A VALID JUDICIAL ORDER SPECIF-
ICALLY AUTHORIZING SUCH MONITORING, OR WHEN OTHERWISE AUTHORIZED BY
STATE OR FEDERAL LAW.
(B) CIVIL DETENTION STATUS SHALL CONSTITUTE NEITHER A BASIS FOR PRIOR-
ITIZING NOR FOR DELAYING ADMISSION, TRIAGE, OR TREATMENT DECISIONS. NO
HEALTHCARE FACILITY SHALL TRANSFER, DISCHARGE, OR OTHERWISE REMOVE A
DETAINED PATIENT FROM CARE AS A CONSEQUENCE OF REQUESTS BY CIVIL IMMI-
GRATION ENFORCEMENT AGENTS, EXCEPT AS OTHERWISE LAWFULLY REQUIRED.
6. STAFF TRAINING. (A) EACH HEALTHCARE FACILITY SHALL PROVIDE REGULAR
TRAINING TO ALL EMPLOYEES, CONTRACTORS, AND RELEVANT VOLUNTEERS ON:
(I) THE HEALTHCARE FACILITY'S IMMIGRATION ENFORCEMENT ACCESS POLICY
AND PATIENT RIGHTS AND HEALTHCARE FACILITY OBLIGATIONS UNDER THIS
SECTION;
(II) HOW TO RESPOND TO A REQUEST FOR ACCESS TO THE HEALTHCARE FACILI-
TY, A PATIENT, OR HEALTHCARE FACILITY RECORDS BY A CIVIL IMMIGRATION
ENFORCEMENT AGENT, INCLUDING THE RIGHT AND OBLIGATION TO DECLINE ACCESS
IN THE ABSENCE OF A VALID JUDICIAL WARRANT OR JUDICIAL ORDER;
(III) HOW TO VERIFY THE IDENTITY AND AUTHORITY OF CIVIL IMMIGRATION
ENFORCEMENT AGENTS AND THE VALIDITY AND SCOPE OF ANY WARRANT OR ORDER
PRESENTED;
(IV) DOCUMENTATION PROCEDURES FOR IMMIGRATION ENFORCEMENT ENCOUNTERS;
(V) THE RIGHTS OF PATIENTS WHO ARRIVE IN CIVIL IMMIGRATION DETENTION;
AND
(VI) THE HEALTH IMPACTS OF IMMIGRATION ENFORCEMENT ON PATIENTS AND
COMMUNITIES, AND BEST PRACTICES FOR TRAUMA-INFORMED CARE IN THAT
CONTEXT.
(B) TRAINING SHALL BE PROVIDED TO NEW EMPLOYEES UPON HIRE, ANNUALLY
THEREAFTER, AND WHENEVER THE HEALTHCARE FACILITY'S IMMIGRATION ENFORCE-
MENT ACCESS POLICY IS MATERIALLY UPDATED. TRAINING RECORDS SHALL BE
MAINTAINED AND MADE AVAILABLE TO THE DEPARTMENT UPON REQUEST.
7. MODEL GUIDANCE. (A) WITHIN ONE HUNDRED EIGHTY DAYS OF THE EFFECTIVE
DATE OF THIS SECTION, THE COMMISSIONER SHALL TAKE THE FOLLOWING ACTIONS
TO CREATE MODEL GUIDANCE, MODELED ON THE EMERGENCY PREPAREDNESS COMPLI-
ANCE FRAMEWORK ESTABLISHED BY THE CENTERS FOR MEDICARE AND MEDICAID
SERVICES AND IMPLEMENTED IN THIS STATE THROUGH THE DHDTC DAL 17-10
COMPLIANCE PROCESS, TO PROVIDE GUIDANCE TO HEALTHCARE FACILITIES FOR
DEVELOPING PATIENT RIGHTS AND HEALTHCARE FACILITY OBLIGATIONS, STATE-
MENTS, POLICIES AND ANY OTHER REQUIREMENTS PURSUANT TO THIS SECTION:
(I) ISSUE MODEL IMMIGRATION ENFORCEMENT ACCESS POLICIES FOR EACH MAJOR
CATEGORY OF HEALTHCARE FACILITY COVERED BY THIS SECTION, IN CONSULTATION
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WITH THE ATTORNEY GENERAL, RELEVANT HEALTHCARE ASSOCIATIONS, LABOR
UNIONS REPRESENTING HEALTHCARE WORKERS, IMMIGRANT ADVOCACY ORGANIZA-
TIONS, AND THE STATE'S HOSPITAL ACCREDITATION BODIES;
(II) PUBLISH MODEL STAFF TRAINING CURRICULA ADDRESSING CIVIL IMMI-
GRATION ENFORCEMENT SCENARIOS, INCLUDING ROLE-SPECIFIC GUIDANCE FOR
SECURITY PERSONNEL, NURSING STAFF, ADMINISTRATIVE STAFF, AND CLINICAL
LEADERSHIP;
(III) PUBLISH MODEL PATIENT-FACING MATERIALS DESCRIBING PATIENT RIGHTS
UNDER THIS SECTION, IN ENGLISH AND THE TEN MOST COMMON NON-ENGLISH
LANGUAGES SPOKEN BY INDIVIDUALS WITH LIMITED-ENGLISH PROFICIENCY IN NEW
YORK STATE;
(IV) DEVELOP AND PUBLISH MODEL SIGNAGE SUITABLE FOR POSTING AT FACILI-
TY ENTRANCES PROVIDING NOTICE TO CIVIL IMMIGRATION ENFORCEMENT AGENTS OF
THE REQUIREMENTS OF THIS SECTION; AND
(V) ESTABLISH A REPORTING MECHANISM THROUGH THE HEALTH COMMERCE SYSTEM
OR AN EQUIVALENT SECURE PLATFORM BY WHICH FACILITIES SHALL NOTIFY THE
DEPARTMENT OF CIVIL IMMIGRATION ENFORCEMENT ACTIONS OCCURRING AT THE
HEALTHCARE FACILITY WITHIN FORTY-EIGHT HOURS, AND THROUGH WHICH THE
DEPARTMENT SHALL COMPILE AND ANNUALLY REPORT TO THE GOVERNOR AND LEGIS-
LATURE ON SUCH ACTIONS STATEWIDE.
(B) THE DEPARTMENT SHALL DISSEMINATE MODEL GUIDANCE TO ALL HEALTHCARE
FACILITIES THROUGH THE HEALTH COMMERCE SYSTEM. FACILITIES SHALL CONFIRM
RECEIPT AND COMPLIANCE WITHIN FORTY-FIVE DAYS OF DISSEMINATION. THE
COMMISSIONER SHALL UPDATE MODEL GUIDANCE AS NECESSARY TO REFLECT CHANGES
IN FEDERAL LAW OR ENFORCEMENT PRACTICE.
8. COMPLIANCE TIMELINE. EACH HEALTHCARE FACILITY SHALL ADOPT AND
IMPLEMENT A WRITTEN IMMIGRATION ENFORCEMENT ACCESS POLICY CONSISTENT
WITH THE REQUIREMENTS OF THIS SECTION WITHIN NINETY DAYS OF THE EFFEC-
TIVE DATE OF THIS SECTION OR WITHIN FORTY-FIVE DAYS OF THE DEPARTMENT'S
PUBLICATION OF MODEL GUIDANCE PURSUANT TO SUBDIVISION SEVEN OF THIS
SECTION, WHICHEVER IS EARLIER.
9. LIABILITY PROTECTIONS. NO HEALTHCARE FACILITY, AND NO EMPLOYEE,
CONTRACTOR, AGENT, OR VOLUNTEER ACTING IN GOOD FAITH IN COMPLIANCE WITH
THIS SECTION, SHALL BE SUBJECT TO CIVIL OR CRIMINAL LIABILITY UNDER ANY
PROVISION OF STATE LAW FOR DECLINING TO GRANT CIVIL IMMIGRATION ENFORCE-
MENT AGENTS ACCESS TO NONPUBLIC AREAS OF THE HEALTHCARE FACILITY, TO
PATIENTS, OR TO HEALTHCARE FACILITY RECORDS, IN THE ABSENCE OF A VALID
JUDICIAL WARRANT OR JUDICIAL ORDER. THIS SECTION SHALL NOT AFFECT ANY
OBLIGATION OF A HEALTHCARE FACILITY ARISING UNDER FEDERAL LAW.
10. ENFORCEMENT. (A) THE ATTORNEY GENERAL SHALL BE AUTHORIZED TO
INVESTIGATE AND ENFORCE VIOLATIONS OF THIS SECTION. THE ATTORNEY GENERAL
MAY BRING AN ACTION IN THE SUPREME COURT OF THE STATE OF NEW YORK FOR
APPROPRIATE EQUITABLE AND DECLARATORY RELIEF, INCLUDING INJUNCTIVE
RELIEF AND THE IMPOSITION OF CIVIL PENALTIES, AGAINST ANY HEALTHCARE
FACILITY THAT FAILS TO COMPLY WITH THE REQUIREMENTS OF THIS SECTION.
(B) IN ADDITION TO ENFORCEMENT BY THE ATTORNEY GENERAL, ANY INDIVIDUAL
AGGRIEVED BY A VIOLATION OF THIS SECTION MAY BRING A PRIVATE CAUSE OF
ACTION IN THE SUPREME COURT OF THE STATE OF NEW YORK FOR APPROPRIATE
EQUITABLE AND DECLARATORY RELIEF. AN AGGRIEVED INDIVIDUAL MAY SEEK
REASONABLE ATTORNEY'S FEES AND COSTS FROM THE COURT UPON A FINDING THAT
A VIOLATION OF THIS SECTION HAS OCCURRED.
(C) THE COMMISSIONER IS AUTHORIZED TO ENFORCE THE REQUIREMENTS OF THIS
SECTION THROUGH THE DEPARTMENT'S EXISTING INSPECTION AND REGULATORY
AUTHORITY UNDER SECTION TWENTY-EIGHT HUNDRED THREE OF THIS ARTICLE,
INCLUDING THE AUTHORITY TO ASSESS PENALTIES FOR NON-COMPLIANCE CONSIST-
ENT WITH THAT SECTION. THE DEPARTMENT SHALL INCORPORATE IMMIGRATION
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ENFORCEMENT POLICY COMPLIANCE INTO ITS ROUTINE FACILITY INSPECTION AND
CERTIFICATION PROCESSES.
(D) NO HEALTHCARE FACILITY SHALL TAKE ADVERSE EMPLOYMENT ACTION
AGAINST ANY EMPLOYEE WHO IN GOOD FAITH DECLINES TO ASSIST A CIVIL IMMI-
GRATION ENFORCEMENT AGENT IN ACCESSING A PATIENT, PATIENT INFORMATION,
OR NONPUBLIC AREAS OF THE HEALTHCARE FACILITY IN THE ABSENCE OF A VALID
JUDICIAL WARRANT OR JUDICIAL ORDER, REPORTS A SUSPECTED VIOLATION OF
THIS ACT, OR COOPERATES IN AN INVESTIGATION OR ENFORCEMENT ACTION BY THE
ATTORNEY GENERAL OR THE DEPARTMENT UNDER THIS SECTION.
§ 3. Section 2832 of the public health law is amended by adding a new
subdivision 7 to read as follows:
7. (A) FOR PURPOSES OF THIS SECTION, UNLAWFUL OR NON-JUDICIALLY
AUTHORIZED IMMIGRATION ENFORCEMENT ACTIONS AT A HEALTHCARE FACILITY, AS
DEFINED IN SECTION TWENTY-EIGHT HUNDRED THREE-C-THREE OF THIS ARTICLE,
SHALL CONSTITUTE A WORKPLACE THREAT OR HAZARD. ACCORDINGLY, EACH
HEALTHCARE FACILITY'S WORKPLACE VIOLENCE PREVENTION PROGRAM AND EACH
GENERAL HEALTHCARE FACILITY'S WORKPLACE SAFETY AND SECURITY ASSESSMENT
AND PLAN SHALL EXPRESSLY ADDRESS CIVIL IMMIGRATION ENFORCEMENT SCENAR-
IOS.
(B) EACH HEALTHCARE FACILITY'S SAFETY AND SECURITY PLAN SHALL INCLUDE,
AT A MINIMUM, PROCEDURES CONSISTENT WITH THE REQUIREMENTS OF SECTION
TWENTY-EIGHT HUNDRED THREE-C-THREE OF THIS ARTICLE, INCLUDING:
(I) THE DESIGNATION OF RESPONSIBLE PERSONNEL TO RESPOND TO IMMIGRATION
ENFORCEMENT ACCESS REQUESTS;
(II) PHYSICAL SECURITY MEASURES, INCLUDING VISITOR MONITORING AND
ACCESS CONTROLS FOR NONPUBLIC AREAS, ADDRESSING THE RISK OF UNAUTHORIZED
CIVIL IMMIGRATION ENFORCEMENT ENTRY; AND
(III) STAFF TRAINING REQUIREMENTS ADDRESSING CIVIL IMMIGRATION
ENFORCEMENT RESPONSE, CONSISTENT WITH THE TRAINING REQUIREMENTS OF
SUBDIVISION SIX OF SECTION TWENTY-EIGHT HUNDRED THREE-C-THREE OF THIS
ARTICLE.
(C) NOTHING IN THIS SUBDIVISION SHALL DIMINISH, SUPPLANT, OR RESTRICT
THE RIGHTS, PRIVILEGES, AND REMEDIES OF ANY EMPLOYEE OR COLLECTIVE
BARGAINING REPRESENTATIVE UNDER APPLICABLE LAW, INCLUDING THE RIGHT OF
LABOR ORGANIZATIONS TO NEGOTIATE OVER THE TERMS AND CONDITIONS OF CIVIL
IMMIGRATION ENFORCEMENT RESPONSE TRAINING AND PROCEDURES.
§ 4. Severability. If any clause, sentence, paragraph, subdivision,
section, or part of this act shall be adjudged by any court of competent
jurisdiction to be invalid, such judgment shall not affect, impair, or
invalidate the remainder thereof, but shall be confined in its operation
to the clause, sentence, paragraph, subdivision, section, or part there-
of directly involved in the controversy in which such judgment shall
have been rendered.
§ 5. This act shall take effect immediately; provided, however that
section three of this act shall take effect on the same date and in the
same manner as chapter 618 of the laws of 2025, takes effect.
