NY State Senate Bill 2023-S8666

Senate Bill S8666

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

Current Bill Status Via A8560 - Passed Senate

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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 06, 2024	returned to assembly passed senate 3rd reading cal.1889 substituted for s8666a
Jun 06, 2024	substituted by a8560a ordered to third reading cal.1889 committee discharged and committed to rules
May 07, 2024	print number 8666a
May 07, 2024	amend (t) and recommit to health
Feb 28, 2024	referred to health

Votes

- Jun 6, 2024 - Floor Vote
  A8560
  
  61
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 6, 2024
      
      aye (61)
      
      Addabbo Jr.
      
      Ashby
      
      Bailey
      
      Borrello
      
      Breslin
      
      Brisport
      
      Brouk
      
      Canzoneri-Fitzpatrick
      
      Chu
      
      Cleare
      
      Comrie
      
      Cooney
      
      Felder
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Gonzalez
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kavanagh
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martinez
      
      Martins
      
      Mattera
      
      May
      
      Mayer
      
      Murray
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rhoads
      
      Rivera
      
      Rolison
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Scarcella-Spanton
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Webb
      
      Weber
      
      Weik
      
      excused (1)
      
      Walczyk

Bill Amendments

Original

A (Active)

2023-S8666 - Details

Law Section:: Public Health Law
Laws Affected:: Amd §2803-t, Pub Health L

2023-S8666 - 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-S8666 - Sponsor Memo

                                 
BILL NUMBER: S8666

SPONSOR: MANNION
 
TITLE OF BILL:

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

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to require health care professionals to
include questions related to the Americans with Disabilities Act on such
professionals' intake forms.

 
SUMMARY OF PROVISIONS:

Section 1 of this bill would require that patient intake forms include
specific questions about the patient's disability and any requested
reasonable accommodation under the Americans with Disabilities Act;
however, a patient would not be required to answer these questions if
they do not wish to do so.

Section 2 of this bill provides that the effective date shall take
effect on the ninetieth day after it shall have become a law.

 
JUSTIFICATION:

It is unfortunately common for people with disabilities to experience
challenges in accessing needed healthcare services due to physical or
communication barriers in medical facilities. However, many of these
barriers could be mitigated through proper accommodations that meet such
patient's needs.

Ensuring that healthcare workers and facilities are proactive in accom-
modating their patients by including an optional question on the patient
intake inquiring about their need for accommodations under the Americans
with Disabilities Act (ADA) is crucial to providing appropriate care. By
putting in place these ADA accommodations, healthcare providers can
provide more effective and equitable care to all their patients and
minimize disruptions in critical services.  This bill would require
health care professionals to include questions related to the Americans
with Disabilities Act on such professionals' intake forms.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

This act shall take effect on the ninetieth day after it shall have
become a law.

2023-S8666 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8666
 
                             I N  S E N A T E
 
                             February 28, 2024
                                ___________
 
 Introduced  by  Sen. MANNION -- 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  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

2023-S8666A (ACTIVE) - Details

Law Section:: Public Health Law
Laws Affected:: Amd §2803-t, Pub Health L

2023-S8666A (ACTIVE) - Summary

2023-S8666A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8666A

SPONSOR: MANNION
 
TITLE OF BILL:

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

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to require health care professionals to
include questions related to the Americans with Disabilities Act on such
professionals' intake forms.

 
SUMMARY OF PROVISIONS:

Section 1 of this bill would require that patient intake forms include
specific questions about the patient's disability and any request-
ed.reasonable accommodation under the Americans with Disabilities Act;
however, a patient would not be required to answer these questions if
they do not wish to do so.

Section 2 of this bill provides that the effective date shall take
effect on the ninetieth day after it shall have become a law.

 
JUSTIFICATION:

It is unfortunately common for people with disabilities to experience
challenges in accessing needed healthcare services due to physical or
communication barriers in medical facilities. However, many of these
barriers could be mitigated through proper accommodations that meet such
patient's needs.

Ensuring that healthcare workers and facilities are proactive in accom-
modating their patients by including an optional disability accommo-
dations needs assessment on the patient intake form inquiring about
their needs under the Americans with Disabilities Act (ADA) is crucial
to providing appropriate care. By putting in place these ADA accommo-
dations, healthcare providers can provide more effective and equitable
care to all their patients and minimize disruptions in critical
services. This bill would require health care professionals to include
questions related to the Americans with Disabilities Act on such profes-
sionals' intake forms.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law.

2023-S8666A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8666--A
 
                             I N  S E N A T E
 
                             February 28, 2024
                                ___________
 
 Introduced  by  Sen. MANNION -- read twice and ordered printed, and when
   printed to be committed  to  the  Committee  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.

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13332-03-4

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