NY State Senate Bill 2009-S4540

Senate Bill S4540

2009-2010 Legislative Session

Requires hospitals, nursing homes and community health clinics to provide patient documents in large print format, language assistance services and audio recordings

download bill text pdf

Archive: Last Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 09, 2010	reported and committed to codes
Jan 06, 2010	referred to health
May 12, 2009	print number 4540a
May 12, 2009	amend and recommit to health
Apr 24, 2009	referred to health

Votes

- Mar 9, 2010 - Health Committee Vote
  S4540
  
  7
  
  Aye
  
  1
  
  Nay
  
  8
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Health Committee Vote: Mar 9, 2010
      
      aye (7)
      
      Duane
      
      Klein
      
      Kruger
      
      Montgomery
      
      Sampson
      
      Stewart-Cousins
      
      Thompson
      
      nay (1)
      
      Little
      
      aye wr (8)
      
      Farley
      
      Hannon
      
      Johnson
      
      Larkin
      
      Saland
      
      Valesky
      
      Winner
      
      Young
      
      excused (1)
      
      Fuschillo

Bill Amendments

Original

A (Active)

2009-S4540 - Details

Current Committee:: Senate Codes

2009-S4540 - Summary

Requires hospitals, nursing homes and community health clinics to provide patient documents in large print format, language assistance services and audio recordings of pertinent medical information.

2009-S4540 - Sponsor Memo

                                 BILL NUMBER:  S4540

 TITLE OF BILL :
An act to amend the public health law, in relation to requiring
hospitals, nursing homes and community health clinics to provide
patient documents in large print format language assistance services
and audio recordings of pertinent medical information


 PURPOSE OR GENERAL IDEA OF BILL :
To ensure that documents provided to patients in a health setting are
accessible to people who are blind or of low vision.

 SUMMARY OF SPECIFIC PROVISIONS :
Amends section 2803-s of the Public Health Law:

-Hospitals, nursing homes, and community health clinics are required
to provide language assistance services;
-Hospitals, nursing homes, and community health clinics are required
to provide large print format for frequently used forms, such as
consent forms, the patient bill of rights, pre-operative and
post-operative information and discharge instructions as well as other
written materials that are essential to the patient's care;
-The language assistance plan developed by the facility shall include
uniform policies and procedures for the provision of services
including the documentation for provision of or refusal of such

services and the availability of personnel to read written documents
to a patient or patient's assistant and respond to questions. Upon
request, the conversations may be recorded and such recording made
available to the patient;
-The statement regarding patient rights shall include a provision
notifying patients of their right to these services and the
availability of large-print documents;
-Facilities shall submit to the Commissioner of Health an annual
report assessing its compliance with this act;
-The Commissioner shall develop rules and regulations to implement
this act;
-Definitions are provided for "patient assistant," "facility,"
"hospital," and "nursing home;"
-Provides that facilities may provide services and programs for the
blind and low vision population above the requirements of this act;
-Act does not apply to private practices;
-Act taking effect 180 days after it becomes law.

 JUSTIFICATION :
Subsection 2 of Section 296 of Article 15 of the Executive Law
prohibits agents of public accommodation from communication with the
public in a way that denies access to people with disabilities.
Discrimination of this kind can have a detrimental impact on the
provision of health care.

For patients who are blind and visually impaired, health facilities do
not commonly provide information in an accessible format and the
rights of people with these disabilities in these cases is not well
communicated. Thus, blind and visually impaired people undergoing or
recovering from medical procedures must rely on others to read
sensitive information so that they can follow instructions correctly,
a necessity that compounds an already stressful situation and
compromises the privacy of the individual in a health care setting.

Written information is currently made accessible to patients who do
not read or understand English, and pre- and post-operative
instructions, as well as consent forms, are routinely translated into
Spanish or other languages as necessary. With modem technology, these
documents can easily be made available in large-print or audio formats
at a minimal cost.
1 in 400 New Yorkers is visually impaired and the first tenet of the
Patient's Bill of Rights in New York mandates that every patient
understand those rights. This bill will help make this possible for
blind and visually impaired New Yorkers.

This legislation was developed in consultation with the National
Federation for the Blind of New York.

 PRIOR LEGISLATIVE HISTORY :
None.

 FISCAL IMPLICATIONS :
To be determined.

 EFFECTIVE DATE :
This act shall take effect one the one hundred eightieth day after it
shall have become a law; provided that effective immediately, the
commissioner of health is authorized to promulgate such rules and
regulations as may be necessary and proper to implement the provisions
of this act.

2009-S4540 - Bill Text download pdf

co-Sponsors

2009-S4540A (ACTIVE) - Details

Current Committee:: Senate Codes

2009-S4540A (ACTIVE) - Summary

Requires hospitals, nursing homes and community health clinics to provide patient documents in large print format, language assistance services and audio recordings of pertinent medical information.

2009-S4540A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4540A

 TITLE OF BILL :  An act to amend the public health law, in relation
to requiring hospitals, nursing homes and community health clinics to
provide patient documents in large print format language assistance
services and audio recordings of pertinent medical information

 PURPOSE OR GENERAL IDEA OF BILL : To ensure that documents provided
to patients in a health setting are accessible to people who are blind
or of low vision.

 SUMMARY OF SPECIFIC PROVISIONS : Amends section 2803-s of the Public
Health Law:


- Hospitals, nursing homes, and community health clinics are required
to provide language assistance services;

- Hospitals, nursing homes, and community health clinics are required
to provide largeprint format for frequently used forms, such as
consent forms, the patient bill of rights, pre-operative and
post-operative information and discharge instructions as well as other
written materials that are essential to the patient's care;

- The language assistance plan developed by the facility shall include
uniform policies and procedures for the provision of services

including the documentation for provision of or refusal of such
services and the availability of personnel to read written documents
to a patient or patient's assistant and respond to questions. Upon
request, the conversations may be recorded and such recording made
available to the patient;

- The statement regarding patient rights shall include a provision
notifying patients of their right to these services and the
availability of large-print documents;

- Facilities shall submit to the Commissioner of Health an annual
report assessing its compliance with this act;

- The Commissioner shall develop rules and regulations to implement
this act;

- Definitions are provided for "patient assistant," "facility,"
"hospital," and "nursing home;"

- Provides that facilities may provide services and programs for the
blind and low vision population above the requirements of this act;
Act does not apply to private practices;

- Act taking effect 180 days after it becomes law.

 JUSTIFICATION : Subsection 2 of Section 296 of Article 15 of the
Executive Law prohibits agents of public accommodation from
communication with the public in a way that denies access to people
with disabilities. Discrimination of this kind can have a detrimental
impact on the provision of health care.

For patients who are blind and visually impaired, health facilities do
not commonly provide information in an accessible format and the
rights of people with these disabilities in these cases is not well
communicated. Thus, blind and visually impaired people undergoing or
recovering from medical procedures must rely on others to read
sensitive information so that they can follow instructions correctly,
a necessity that compounds an already stressful situation and
compromises the privacy of the individual in a health care setting.

Written information is currently made accessible to patients who do
not read or understand English, and pre- and post-operative
instructions, as well as consent forms, are routinely translated into
Spanish or other languages as necessary. With modem technology, these
documents can easily be made available in large-print or audio formats
at a minimal cost.

1 in 400 New Yorkers is visually impaired and the first tenet of the
Patient's Bill of Rights in New York mandates that every patient
understand those rights. This bill will help make this possible for
blind and visually impaired New Yorkers.

This legislation was developed in consultation with the National
Federation for the Blind of New York.

 PRIOR LEGISLATIVE HISTORY : None.

 FISCAL IMPLICATIONS : To be determined.

 EFFECTIVE DATE : This act shall take effect one the one hundred
eightieth day after it shall have become a law; provided that
effective immediately, the commissioner of health is authorized to
promulgate such rules and regulations as may be necessary and proper
to implement the provisions of this act.

2009-S4540A (ACTIVE) - Bill Text download pdf

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

    S. 4540--A                                            A. 7791--A
                                                        Cal. No. 542

                       2009-2010 Regular Sessions

                      S E N A T E - A S S E M B L Y

                             April 24, 2009
                               ___________

IN SENATE -- Introduced by Sen. DUANE -- read twice and ordered printed,
  and when printed to be committed to the Committee on Health -- commit-
  tee  discharged, bill amended, ordered reprinted as amended and recom-
  mitted to said committee

IN ASSEMBLY -- Introduced by M. of A. KELLNER, MAISEL, WEISENBERG, GOTT-
  FRIED -- read once and referred to the Committee on Health -- 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 hospi-
  tals, nursing homes and community health clinics  to  provide  patient
  documents in large print format language assistance services and audio
  recordings of pertinent medical information

  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-s to read as follows:
  S  2803-S.  PROVISION  OF  LANGUAGE  ASSISTANCE  TO  VISUALLY IMPAIRED
PERSONS. 1. EVERY GENERAL HOSPITAL,  NURSING  HOME  AND  DIAGNOSTIC  AND
TREATMENT  CENTER PROVIDING A COMPREHENSIVE RANGE OF PRIMARY HEALTH CARE
SERVICES SHALL PROVIDE LANGUAGE ASSISTANCE  SERVICES  TO  A  PATIENT  OR
PATIENT  ASSISTANT  SO  AS  TO ENSURE THAT ALL PATIENTS WHO ARE VISUALLY
IMPAIRED AND UNABLE TO READ AND COMPREHEND  DOCUMENTS  PROVIDED  BY  THE
FACILITY  WITH  THE PROFICIENCY NECESSARY FOR ADEQUATE COMPREHENSION AND
COMMUNICATION WITH HEALTH CARE PROVIDERS AND OTHER PERSONNEL HAVE EFFEC-
TIVE ACCESS TO THE PROGRAMS  AND  SERVICES  PROVIDED  BY  THE  FACILITY,
INCLUDING BUT NOT LIMITED TO HEALTH CARE, BILLING AND APPOINTMENT SCHED-
ULING  PROGRAMS  AND  SERVICES.  LANGUAGE  ASSISTANCE  SERVICES SHALL BE
AVAILABLE AT ALL LOCATIONS DURING ALL TIMES THAT PATIENT CARE IS  AVAIL-
ABLE, AND SHALL, TO THE EXTENT PRACTICABLE, BE PROVIDED IN PERSON.
  2. (A) ALL FREQUENTLY USED FORMS, INCLUDING CONSENT FORMS, THE PATIENT
BILL   OF  RIGHTS,  PRE-OPERATIVE  AND  POST-OPERATIVE  INFORMATION  AND
DISCHARGE INSTRUCTIONS, AS WELL AS  OTHER  WRITTEN  MATERIALS  THAT  ARE
ESSENTIAL  TO  A PATIENT'S CARE AND TREATMENT OR ARE OTHERWISE NECESSARY

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10182-03-9

S. 4540--A                          2                         A. 7791--A

TO PROVIDE ADEQUATE ACCESS TO THE FACILITY'S SERVICES SHALL BE AVAILABLE
IN LARGE PRINT FORMAT.
  (B)  EVERY  FACILITY SHALL DEVELOP AND IMPLEMENT A LANGUAGE ASSISTANCE
PLAN THAT ESTABLISHES UNIFORM  POLICIES  AND  PROCEDURES  FOR  PROVIDING
LANGUAGE  ASSISTANCE  SERVICES  TO VISUALLY IMPAIRED PATIENTS, INCLUDING
PROCEDURES FOR DOCUMENTING THE PROVISION OF,  OR  REFUSAL  OF,  LANGUAGE
ASSISTANCE SERVICES. FACILITY PERSONNEL SHALL BE AVAILABLE TO READ WRIT-
TEN DOCUMENTS, INCLUDING PATIENT-SPECIFIC AND NON-PATIENT-SPECIFIC DOCU-
MENTS,  TO  ANY  PATIENT OR PATIENT ASSISTANT WHO IS UNABLE TO READ SUCH
DOCUMENTS DUE TO VISUAL IMPAIRMENT AND WHO REQUESTS SUCH  SERVICES,  AND
TO  RESPOND  TO QUESTIONS CONCERNING SUCH DOCUMENTS. UPON REQUEST BY THE
PATIENT OR PATIENT ASSISTANT, ALL SUCH CONVERSATIONS MAY BE RECORDED AND
AN AUDIO RECORDING OF ALL CONVERSATIONS SHALL BE MADE AVAILABLE  TO  THE
PATIENT OR PATIENT ASSISTANT.
  3.  THE  STATEMENTS  REGARDING  PATIENT  RIGHTS  AND  RESPONSIBILITIES
REQUIRED PURSUANT TO PARAGRAPH (G) OF SUBDIVISION ONE OF  SECTION  TWEN-
TY-EIGHT  HUNDRED THREE AND SECTION TWENTY-EIGHT HUNDRED THREE-C OF THIS
ARTICLE SHALL INCLUDE A PROVISION NOTIFYING PATIENTS OF THE AVAILABILITY
OF LARGE PRINT FORMAT DOCUMENTS AND LANGUAGE ASSISTANCE SERVICE.  NOTICE
OF THE AVAILABILITY OF LARGE PRINT FORMAT DOCUMENTS AND LANGUAGE ASSIST-
ANCE  SERVICES  SHALL  BE POSTED IN CONSPICUOUS LOCATIONS THROUGHOUT ALL
AREAS OF THE FACILITY THAT ARE ACCESSIBLE TO PATIENTS.
  4. EVERY FACILITY SHALL SUBMIT TO THE COMMISSIONER  AN  ANNUAL  REPORT
ASSESSING  ITS  COMPLIANCE  WITH  THE  REQUIREMENTS OF THIS SECTION. THE
REPORT SHALL IDENTIFY THE MEASURES TAKEN BY THE FACILITY  IN  COMPLIANCE
WITH  THE REQUIREMENTS OF THIS SECTION AND THE PERCENTAGE OF THE FACILI-
TY'S PATIENTS WHO UTILIZE SUCH ASSISTANCE.
  5. THE COMMISSIONER SHALL PROMULGATE SUCH RULES AND REGULATIONS AS MAY
BE NECESSARY AND PROPER TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
  6. FOR PURPOSES OF THIS SECTION, "PATIENT  ASSISTANT"  SHALL  MEAN  AN
INDIVIDUAL  WHO COMMUNICATES ON BEHALF OF ANOTHER WHO, BY REASON OF AGE,
INCAPACITY OR VISUAL  IMPAIRMENT,  CANNOT  COMMUNICATE  FOR  HIMSELF  OR
HERSELF.
  7.  NOTHING  IN  THIS  SECTION  SHALL PRECLUDE MEDICAL FACILITIES FROM
PROVIDING LANGUAGE ASSISTANCE SERVICES IN  ADDITION  TO  THOSE  REQUIRED
UNDER THIS SECTION.
  S 2. Subdivision 1 of section 2803 of the public health law is amended
by adding a new paragraph (k) to read as follows:
  (K)  THE  STATEMENT  REGARDING  PATIENT  RIGHTS  AND RESPONSIBILITIES,
REQUIRED PURSUANT TO PARAGRAPH (G) OF THIS SUBDIVISION, SHALL INCLUDE  A
PROVISION  NOTIFYING  PATIENTS OF THE AVAILABILITY OF LARGE PRINT FORMAT
DOCUMENTS AND LANGUAGE ASSISTANCE SERVICES IN  ACCORDANCE  WITH  SECTION
TWENTY-EIGHT HUNDRED THREE-S OF THIS ARTICLE.
  S  3.  Subdivision  3  of  section  2803-c of the public health law is
amended by adding a new paragraph q to read as follows:
  Q. A STATEMENT NOTIFYING PATIENTS OF THE AVAILABILITY OF  LARGE  PRINT
FORMAT  DOCUMENTS  AND  LANGUAGE  ASSISTANCE SERVICES IN ACCORDANCE WITH
SECTION TWENTY-EIGHT HUNDRED THREE-S OF THIS ARTICLE.
  S 4. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided  that  effective  immediately,  the
commissioner  of health is authorized to promulgate such rules and regu-
lations as may be necessary and proper to implement  the  provisions  of
this act.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.