Senate Bill S4360

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4360
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 4, 2025
                                ___________
 
 Introduced  by  Sens.  BAILEY, RIVERA -- read twice and ordered printed,
   and when printed to be committed to the Committee on Finance
 
 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-f
 to read as follows:
   § 6505-F. 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 TWENTY-FIVE 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-
 DISCRIMINATORY PROVISION OF MEDICAL SERVICES, IN ACCORDANCE WITH REGULA-
 TORY  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 TWENTY-FIVE 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.
                                                            LBD08443-01-5
              

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 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 THEM TO
 COMPLETE  SUCH  COURSE  WORK  OR TRAINING BECAUSE OF THE NATURE OF THEIR
 PRACTICE; OR (II) THAT THEY  HAVE  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.
   §  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-E 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.
   § 3. Section 206 of the public health law is amended by adding  a  new
 subdivision 32 to read as follows:
   32.  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.
   §  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-E OF THE EDUCATION LAW.
   §  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 their duly designated  repre-
 sentative  in the manner prescribed by law. No expenditure shall be made
 from this appropriation until a certificate of approval of  availability
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 shall  have been issued by the director of the budget and filed with the
 state comptroller and a copy filed with the chair of the senate  finance
 committee  and  the chair 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 chair of the senate finance committee and the chair of
 the assembly ways and means committee.
   § 6. This act shall take effect immediately.