S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    409
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced by M. of A. ROZIC, SIMON, WEPRIN, QUART -- Multi-Sponsored by
   --  M.  of  A.   GRIFFIN -- read once and referred 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-z to read as follows:
   §  2803-Z.  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD03245-01-1

 A. 409                              2
 
 REFUSAL OF, LANGUAGE ASSISTANCE SERVICES, AND THAT REQUIRES TRAINING  TO
 ENSURE  THAT  ALL  STAFF  WHO HAVE CONTACT WITH PATIENTS COMPLY WITH THE
 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.