S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6767
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              October 7, 2019
                                ___________
 
 Introduced  by  Sen.  BAILEY -- 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-d
 to read as follows:
   § 6505-D. 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 NINETEEN 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-DIS-
 CRIMINATORY PROVISION OF MEDICAL SERVICES, IN ACCORDANCE WITH REGULATORY
 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 NINETEEN 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.
              

                                                            LBD10684-01-9

 S. 6767                             2
 
 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 HIM OR
 HER TO COMPLETE SUCH COURSE WORK OR TRAINING BECAUSE OF  THE  NATURE  OF
 HIS  OR HER PRACTICE OR (II) THAT HE OR SHE HAS 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-D 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 31 to read as follows:
   31. 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-D 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 his or her duly designated
 representative in the manner prescribed by law. No expenditure shall  be
 made  from  this appropriation until a certificate of approval of avail-

 S. 6767                             3
 
 ability shall have been issued by the director of the budget  and  filed
 with  the  state  comptroller  and a copy filed with the chairman of the
 senate finance committee and the chairman 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 chairman of the senate finance committee
 and the chairman of the assembly ways and means committee.
   § 6. This act shall take effect immediately.