S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4854
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              March 27, 2019
                                ___________
 
 Introduced  by  Sen.  PARKER -- 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-w to read as follows:
   §  2803-W.  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.
              

                                                            LBD00810-01-9

 S. 4854                             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.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.