S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6288--A
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                               March 7, 2025
                                ___________
 
 Introduced  by  Sen.  LIU  --  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 general
   hospitals 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-bb to read as follows:
   § 2803-BB. PROVISION OF LANGUAGE ASSISTANCE.  EVERY  GENERAL  HOSPITAL
 SHALL  DEVELOP A LANGUAGE ASSISTANCE PROGRAM TO ENSURE MEANINGFUL ACCESS
 TO THE GENERAL HOSPITAL'S SERVICES AND REASONABLE ACCOMMODATION FOR  ALL
 PATIENTS  WHO  REQUIRE  LANGUAGE  ASSISTANCE. PROGRAM REQUIREMENTS SHALL
 INCLUDE:
   1. THE DESIGNATION OF A  LANGUAGE  ASSISTANCE  COORDINATOR  WHO  SHALL
 REPORT  TO  GENERAL  HOSPITAL ADMINISTRATION AND WHO SHALL PROVIDE OVER-
 SIGHT FOR THE PROVISION OF LANGUAGE ASSISTANCE SERVICES;
   2. POLICIES AND PROCEDURES THAT ENSURE TIMELY IDENTIFICATION AND ONGO-
 ING ACCESS FOR PATIENTS IN NEED OF LANGUAGE ASSISTANCE SERVICES;
   3. THE DEVELOPMENT OF  MATERIALS  THAT  WILL  BE  MADE  AVAILABLE  FOR
 PATIENTS AND POTENTIAL PATIENTS THAT SUMMARIZE THE PROCESS AND METHOD TO
 ACCESS FREE LANGUAGE ASSISTANCE SERVICES;
   4.  ONGOING  EDUCATION  AND  TRAINING FOR ADMINISTRATIVE, CLINICAL AND
 OTHER EMPLOYEES WITH DIRECT PATIENT CARE CONTACT  REGARDING  THE  IMPOR-
 TANCE  OF  CULTURALLY  AND LINGUISTICALLY COMPETENT SERVICE DELIVERY AND
 HOW TO ACCESS THE GENERAL HOSPITAL'S  LANGUAGE  ASSISTANCE  SERVICES  ON
 BEHALF OF PATIENTS;
   5. SIGNAGE, AS DESIGNATED BY THE DEPARTMENT, REGARDING THE AVAILABILI-
 TY  OF  FREE  LANGUAGE ASSISTANCE SERVICES IN PUBLIC ENTRY LOCATIONS AND
 OTHER PUBLIC LOCATIONS;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01392-05-5
              

 S. 6288--A                          2
 
   6. IDENTIFICATION OF LANGUAGE OF PREFERENCE AND LANGUAGE NEEDS OF EACH
 PATIENT UPON INITIAL VISIT TO THE GENERAL HOSPITAL;
   7.  DOCUMENTATION  IN  THE MEDICAL RECORD OF THE PATIENT'S LANGUAGE OF
 PREFERENCE, LANGUAGE NEEDS, AND THE ACCEPTANCE OR  REFUSAL  OF  LANGUAGE
 ASSISTANCE SERVICES;
   8.  A  PROVISION THAT FAMILY MEMBERS, FRIENDS, OR NON-GENERAL HOSPITAL
 PERSONNEL SHALL NOT ACT AS INTERPRETERS, UNLESS:
   (A) THE PATIENT AGREES TO THEIR USE;
   (B) FREE INTERPRETER SERVICES HAVE BEEN OFFERED BY THE GENERAL  HOSPI-
 TAL AND REFUSED; AND
   (C) ISSUES OF AGE, COMPETENCY, CONFIDENTIALITY, OR CONFLICTS OF INTER-
 EST  ARE  TAKEN  INTO  ACCOUNT.  ANY INDIVIDUAL ACTING AS AN INTERPRETER
 SHOULD BE SIXTEEN YEARS  OF  AGE  OR  OLDER;  INDIVIDUALS  YOUNGER  THAN
 SIXTEEN  YEARS  OF AGE SHALL ONLY BE USED IN EMERGENCY CIRCUMSTANCES AND
 THEIR USE DOCUMENTED IN THE MEDICAL RECORD;
   9. MANAGEMENT OF  A  RESOURCE  OF  SKILLED  INTERPRETERS  AND  PERSONS
 SKILLED  IN  COMMUNICATING  WITH VISION AND/OR HEARING-IMPAIRED INDIVID-
 UALS.  INTERPRETERS AND PERSONS SKILLED  IN  COMMUNICATING  WITH  VISION
 AND/OR  HEARING-IMPAIRED  INDIVIDUALS  SHALL BE AVAILABLE TO PATIENTS IN
 THE INPATIENT AND  OUTPATIENT  SETTING  WITHIN  TWENTY  MINUTES  AND  TO
 PATIENTS  IN  THE  EMERGENCY  SERVICE WITHIN A REASONABLE PERIOD OF TIME
 FROM A REQUEST TO GENERAL HOSPITAL ADMINISTRATION BY  THE  PATIENT,  THE
 PATIENT'S  FAMILY OR REPRESENTATIVE OR THE PROVIDER OF MEDICAL CARE. THE
 COMMISSIONER MAY APPROVE REASONABLE TIME PERIODS TO  THE  PROVISIONS  OF
 THIS  SUBDIVISION REGARDING INTERPRETERS AND PERSONS SKILLED IN COMMUNI-
 CATING WITH VISION AND/OR HEARING-IMPAIRED INDIVIDUALS FOR  PATIENTS  OF
 RURAL GENERAL HOSPITALS WHICH:
   (A)  DEMONSTRATE  THAT  THEY HAVE TAKEN AND ARE CONTINUING TO TAKE ALL
 REASONABLE STEPS TO FULFILL THESE  REQUIREMENTS  BUT  ARE  NOT  ABLE  TO
 FULFILL  SUCH  REQUIREMENTS  IMMEDIATELY  FOR REASONS BEYOND THE GENERAL
 HOSPITAL'S CONTROL; AND
   (B) HAVE DEVELOPED AND IMPLEMENTED EFFECTIVE INTERIM PLANS  ADDRESSING
 THE  COMMUNICATIONS NEEDS OF INDIVIDUALS IN THE GENERAL HOSPITAL SERVICE
 AREA;
   10. AN  ANNUAL  NEEDS  ASSESSMENT  UTILIZING  DEMOGRAPHIC  INFORMATION
 AVAILABLE  FROM THE UNITED STATES BUREAU OF THE CENSUS, GENERAL HOSPITAL
 ADMINISTRATIVE DATA, SCHOOL SYSTEM DATA, OR OTHER  SOURCES,  THAT  SHALL
 IDENTIFY  LIMITED  ENGLISH-SPEAKING  GROUPS  COMPRISING  MORE  THAN  ONE
 PERCENT  OF  THE  TOTAL  GENERAL  HOSPITAL  SERVICE   AREA   POPULATION.
 TRANSLATIONS/TRANSCRIPTIONS  OF  SIGNIFICANT  GENERAL HOSPITAL FORMS AND
 INSTRUCTIONS SHALL BE REGULARLY AVAILABLE FOR THE  LANGUAGES  IDENTIFIED
 BY THE NEEDS ASSESSMENT; AND
   11.  REASONABLE  ACCOMMODATION FOR A FAMILY MEMBER OR PATIENT'S REPRE-
 SENTATIVE TO BE PRESENT TO  ASSIST  WITH  THE  COMMUNICATION  ASSISTANCE
 NEEDS FOR PATIENTS WITH MENTAL AND DEVELOPMENTAL DISABILITIES.
   § 2. This act shall take effect immediately.