Assembly Bill A8560A

2023-2024 Legislative Session

Requires hospitals to ask patients if they have a disability that requires accommodation under The Americans with Disabilities Act

download bill text pdf

Sponsored By

Current Bill Status - Passed Senate & Assembly

  • 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

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Bill Amendments

2023-A8560 - Details

See Senate Version of this Bill:
S8666
Law Section:
Public Health Law
Laws Affected:
Amd §2803-t, Pub Health L

2023-A8560 - Summary

Requires hospitals to ask patients if they have a disability that requires accommodation under The Americans with Disabilities Act on patient intake forms and what reasonable accommodations are required.

2023-A8560 - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8560
 
                           I N  A S S E M B L Y
 
                              January 9, 2024
                                ___________
 
 Introduced  by M. of A. BURDICK -- read once and referred to the Commit-
   tee on Health
 
 AN ACT to amend the public health law, in relation to  requiring  health
   care  professionals  to  ask  patients  if they have a disability that
   requires accommodation under The Americans with Disabilities Act
 
   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
 18-c to read as follows:
   § 18-C. PATIENT INFORMATION FORMS. 1. EACH  HEALTH  CARE  PROFESSIONAL
 LICENSED,  REGISTERED OR CERTIFIED PURSUANT TO TITLE EIGHT OF THE EDUCA-
 TION LAW SHALL INCLUDE ON THEIR PATIENT INTAKE FORMS THE FOLLOWING QUES-
 TIONS:
   (A) DOES THE PATIENT HAVE A  DISABILITY  THAT  REQUIRES  ACCOMMODATION
 UNDER THE AMERICANS WITH DISABILITIES ACT?
   (B) IF SO, WHAT IS THE NATURE OF THE PATIENT'S DISABILITY?
   (C)  IS THE PATIENT REQUESTING A REASONABLE ACCOMMODATION, AND, IF SO,
 WHAT IS THE REASONABLE ACCOMMODATION REQUESTED?
   2. NOTHING CONTAINED HEREIN SHALL REQUIRE  A  PATIENT  TO  ANSWER  THE
 INQUIRIES ABOUT A DISABILITY IF THEY WISH NOT TO DO SO.
   3.  EACH  HEALTH  CARE  PROFESSIONAL LICENSED, REGISTERED OR CERTIFIED
 PURSUANT TO TITLE EIGHT OF THE EDUCATION LAW SHALL NOTIFY THE DEPARTMENT
 OF EDUCATION THAT THEY HAVE COMPLIED WITH THE PROVISIONS OF THIS SECTION
 WITHIN SIX MONTHS AFTER THE EFFECTIVE DATE OF  THIS  SECTION.  A  HEALTH
 CARE  PROFESSIONAL  ENTERING  INTO  PRACTICE AFTER THE EFFECTIVE DATE OF
 THIS SECTION SHALL NOTIFY THE DEPARTMENT OF  EDUCATION  THAT  THEY  HAVE
 COMPLIED WITH THE PROVISIONS OF THIS SECTION WITHIN SIX MONTHS AFTER THE
 HEALTH CARE PROFESSIONAL COMMENCES PRACTICE IN THIS STATE. A GROUP PRAC-
 TICE  MAY  PROVIDE  SUCH NOTICE FOR ALL HEALTH CARE PROFESSIONALS IN THE
 GROUP PRACTICE.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13332-01-3

co-Sponsors

multi-Sponsors

2023-A8560A (ACTIVE) - Details

See Senate Version of this Bill:
S8666
Law Section:
Public Health Law
Laws Affected:
Amd §2803-t, Pub Health L

2023-A8560A (ACTIVE) - Summary

Requires hospitals to ask patients if they have a disability that requires accommodation under The Americans with Disabilities Act on patient intake forms and what reasonable accommodations are required.

2023-A8560A (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8560--A
 
                           I N  A S S E M B L Y
 
                              January 9, 2024
                                ___________
 
 Introduced  by M. of A. BURDICK -- read once and referred to the Commit-
   tee on Health -- committee discharged, bill amended, ordered reprinted
   as amended and recommitted to said committee
 
 AN ACT to amend the public health law, in relation to  requiring  hospi-
   tals  to ask patients if they have a disability that requires accommo-
   dation under The Americans with Disabilities Act

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  2803-t  of  the public health law, as amended by
 chapter 92 of the laws of 2014, is amended to read as follows:
   § 2803-t. Preadmission information.  1.  Any  hospital  that  provides
 preadmission  information  to a patient, shall offer a blind or visually
 impaired patient a large print version or, at the patient's or patient's
 representative's request, an audio recording, to be  made  available  to
 such  patient  or such patient's representative on compact disc or other
 medium as the hospital may offer, or as  an  electronically  transmitted
 digital file, in addition to a written copy of any preadmission informa-
 tion.
   2.  EACH  HOSPITAL  SHALL  INCLUDE  A  DISABILITY ACCOMMODATIONS NEEDS
 ASSESSMENT ON THEIR PATIENT INTAKE FORMS. THE  FOLLOWING  STATEMENT  AND
 QUESTIONS RELATED TO A PATIENT'S DISABILITY ACCOMMODATIONS NEEDS ASSESS-
 MENT SHALL READ AS FOLLOWS:
   "PLEASE NOTE, THE FOLLOWING QUESTIONS REGARDING YOUR DISABILITY STATUS
 ARE VOLUNTARY AND YOU ARE NOT REQUIRED TO ANSWER THE QUESTIONS IF YOU DO
 NOT WISH TO.
   (A)  DOES  THE  PATIENT  HAVE A DISABILITY THAT REQUIRES ACCOMMODATION
 UNDER THE AMERICANS WITH DISABILITIES ACT?
   (B) IF SO, WHAT IS THE NATURE OF THE PATIENT'S DISABILITY?
   (C) IS THE PATIENT REQUESTING A REASONABLE ACCOMMODATION?
   (D) IF SO, WHAT IS THE REASONABLE ACCOMMODATION REQUESTED?
   (E) DOES THE PATIENT WISH TO DISCUSS ACCOMMODATIONS WITH THEIR HEALTH-
 CARE PROVIDER?"
   3. NOTHING CONTAINED HEREIN SHALL REQUIRE  A  PATIENT  TO  ANSWER  THE
 INQUIRIES ABOUT A DISABILITY IF THEY WISH NOT TO DO SO.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.

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