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

                                  1132

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             January 5, 2011
                               ___________

Introduced  by  Sens. PARKER, PERALTA -- 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  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-t to read as follows:
  S  2803-T.  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.
                                                           LBD02172-01-1
              

S. 1132                             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.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.