Requires hospitals to provide language assistance services to a patient or a patient's assistant for communication of clinical and other information, including but not limited to health care, billing and making appointments, to ensure effective communication; provides that such interpreter may be a qualified interpreter, volunteer or medical personnel at such hospital; provides for such services to be available at all locations during all times that patient care is available; provides that transactions of frequently used forms essential to a patient's care and treatment be available in all of the hospital's primary language; provides for training of those providing interpretation services; requires the hospital to submit to the commissioner an annual report assessing compliance; defines primary language and patient visits.
Sponsor: PARKER / Co-sponsor(s): PERALTA / Committee: HEALTH
Law Section: Public Health Law / Law: Add S2803-t, Pub Health L
Sponsor: PARKER / Co-sponsor(s): PERALTA / Committee: HEALTH
Law Section: Public Health Law / Law: Add S2803-t, Pub Health L
S1132-2011 Actions
- Jan 4, 2012: REFERRED TO HEALTH
- Jan 5, 2011: REFERRED TO HEALTH
S1132-2011 Memo
BILL NUMBER:S1132
TITLE OF BILL:
An act
to amend the public health law, in relation to requiring
hospitals to provide language
assistance services
PURPOSE OR GENERAL IDEA OF BILL:
To ensure that patients who cannot speak English proficiently and
vision or hearing impaired patients have adequate access to the
hospital's programs and services, including but not limited to health
care, billing and making appointments.
SUMMARY OF SPECIFIC PROVISIONS:
The bill adds a new section 2803-r of the public health law titled
"provision of language assistance."
Subdivision 5 of the new section defines "primary language" to mean 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 understand the English language at
the level of proficiency necessary for effective communication with
health care providers; or (ii) spoken by more than one percent of the
total hospital service area population, as calculated by using
demographic information available from the United States Bureau of
the Census, supplemented by data from school systems and information
provided by community agencies and organizations. It defines
"hospital" to be a "general hospital" as defined in subdivision 10 of
section 2803-r of the Public Health Law. It also defines "patient
visits" and "patient assistant. "
Subdivision 1 of the new section requires every hospital to provide
language assistance services so that all patients have effective
access to the hospital's programs and services, including but not
limited to health care, billing, and making appointments. Language
assistance services will be available at all locations during all
times when patient care is available and will be, to the extent
practicable, provided in person. All individuals providing language
assistance services will be required to have sufficient fluency in
both English and the relevant language to communicate accurately
clinical and other information necessary for the patient to access
services. All individuals providing assistance to vision or hearing
impaired patients will have to have sufficient skill in communicating
with vision or hearing impaired patients to communicate accurately
clinical and other information necessary for the patient to access
services. Translations of all frequently used forms and other written
materials that are essential to
a patient's care will be translated into all primary languages.
Subdivision 2 requires the patient's bill of rights to include a
provision notifying patients of the availability of language
assistance services. Signs notifying patients of the availability of
language assistance services will be posted in conspicuous locations
in all primary languages.
Subdivision 3 requires hospitals to submit an annual report detailing
compliance with the section and identifying the primary languages
used by its patients. Hospitals will also be required to maintain a
record of
the foreign language primarily spoken by any patient seeking or
receiving language assistance services.
Subdivision 4 requires the Commissioner to promulgate regulations to
implement the section. Subdivision 6 allows medical facilities to
provide more language assistance than is required by this section.
JUSTIFICATION:
This bill is necessary to protect and better serve those in the state
of New York who cannot understand the English language or who are
hearing or vision impaired. These New York residents need language
assistance services in order to adequately access medical services.
PRIOR LEGISLATIVE. HISTORY:
2010: S.7294 Referred to Health
A.5225-A Passed Assembly
2008: A.5301 Referred to Health
2006: A.4111-A Passed Assembly
2004: S.5164 Referred to Health
A.5431-B Passed Assembly
FISCAL IMPLICATIONS:
To be determined.
EFFECTIVE DATE:
On the one hundred eightieth day after it shall have become a law.
S1132-2011 Text
S T A T E O F N E W Y O R K
1132 2011-2012 Regular Sessions I N SENATE January 5, 2011
Introduced by Sens. PARKER, PERALTA -- 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 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-t to read as follows:
S 2803-T. 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 REFUSAL OF, LANGUAGE ASSISTANCE SERVICES, AND THAT REQUIRES TRAINING TO ENSURE THAT ALL STAFF WHO HAVE CONTACT WITH PATIENTS COMPLY WITH THE EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02172-01-1
S. 1132 2 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.
S 2. This act shall take effect on the one hundred eightieth day after it shall have become a law.
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