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 translations of frequently used forms essential to a patient's care and treatment be available in all of the hospital's primary languages; 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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A702
SPONSOR: Rozic TITLE OF BILL:
An act to amend the public health law, in relation to requiring hospi-
tals to provide language assistance services
PURPOSE:
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 PROVISIONS:
Section 1 of the bill amends the public health law by adding a new
section 2803-i of the public health law titled "provision of language
assistance."
Subdivision 1 of the new section requires every hospital to provide
language assistance services so that all patients have effective access
to each hospital's programs and services, including health care, bill-
ing, and making appointments. Language assistance services will be
available at all locations during all times when patient care is avail-
able 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
patients 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 trans-
lated into all primary languages.
Subdivision 2 of the new section 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 availabil-
ity of language assistance services will be posted in conspicuous
locations in all primary languages.
Subdivision 3 of the new section 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 main-
tain a record of the foreign language primarily spoken by any patient
seeking or receiving language assistance services.
Subdivision 4 of the new section requires the Commissioner to promulgate
regulations to implement the section.
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 assist-
ant."
Subdivision 6 of the new section allows medical facilities to provide
more language assistance than is required by this section.
Section 2 of the bill sets forth the effective date.
JUSTIFICATION:
This bill is necessary to protect and better serve those residents and
visitors to 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.
LEGISLATIVE HISTORY:
2022: A409 (Rozic) - Health
2021: A409 (Rozic) - Health
2020: A2394 (Rozic) - Health
2019: A2394 (Rozic) - Health
2018: A01236 (Rozic) - Health
2017: A01236 (Rozic) - Health
2016: A00286 (Rozic) - Health
2015: A00286 (Rozic) - Health
2014: A01969 (Rozic) - Health
2013: A01969 (Rozic) - Health
2012: A10378 (Kavanagh) - Rules
2010: A05225A (Espaillat) - Passed Assembly
2009: A05225A (Espaillat) - Passed Assembly
2008: A05301 (Espaillat) - Third Reading
2007: A05301 (Espaillat) - Health
2006: A04111A (Espaillat) - Passed Assembly
2005: A04111A (Espaillat) - Passed Assembly
2004: A05431B (Espaillat) - Passed Assembly
2003: A05431B (Espaillat) - Passed Assembly
2002: A10448 (Espaillat) - Health
FISCAL IMPACT ON THE STATE:
To be determined.
EFFECTIVE DATE:
This bill shall take effect on the one hundred eightieth day after it
shall have become a law.
STATE OF NEW YORK
________________________________________________________________________
702
2023-2024 Regular Sessions
IN ASSEMBLY
January 11, 2023
___________
Introduced by M. of A. ROZIC, SIMON, WEPRIN, SEAWRIGHT -- 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:
1 Section 1. The public health law is amended by adding a new section
2 2803-bb to read as follows:
3 § 2803-bb. Provision of language assistance. 1. Every hospital shall
4 provide language assistance services to a patient or patient assistant
5 so as to ensure that all patients who cannot speak, read, write or
6 understand the English language with the proficiency necessary for
7 adequate communication with health care providers and other personnel
8 have effective access to the hospital's programs and services, including
9 but not limited to health care, billing and making appointments. Every
10 hospital shall ensure that all individuals providing language assistance
11 services to patients have sufficient fluency in both English and the
12 relevant language to communicate clinical and other information neces-
13 sary for the patient to access services. Language assistance services
14 for primary and non-primary languages shall be available at all
15 locations during all times that patient care is available, and shall, to
16 the extent practicable, be provided in person. Translations of all
17 frequently used forms, and other written materials that are essential to
18 a patient's care and treatment or are otherwise necessary to provide
19 adequate access to the hospital's services shall be available in all of
20 the hospital's primary languages. Every hospital shall develop and
21 implement a comprehensive language assistance plan that establishes
22 uniform policies and procedures for providing language assistance
23 services, including procedures for documenting the provision of, or
24 refusal of, language assistance services, and that requires training to
25 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.
LBD02255-01-3
A. 702 2
1 plan, and that all staff members who provide medical interpretation
2 services in primary languages have received training in medical inter-
3 pretation. Such individual providing language assistance services may be
4 a qualified interpreter, voluntary worker or other personnel currently
5 employed by said hospital and may perform other duties as directed by
6 the hospital.
7 2. The statement regarding patient rights and responsibilities
8 required pursuant to paragraph (g) of subdivision one of section twen-
9 ty-eight hundred three of this article shall include a provision notify-
10 ing patients of the availability of language assistance services,
11 including oral interpretation and translations of forms and other mate-
12 rials. Notice of the availability of language assistance services shall
13 also be posted in conspicuous locations throughout the hospital and in
14 outpatient clinics, in all primary languages.
15 3. (a) Every hospital shall submit to the commissioner an annual
16 report assessing its compliance with the requirements of this section.
17 The report shall identify the primary languages used by its patients,
18 and the percentage of the hospital's patients who speak each such prima-
19 ry language.
20 (b) The hospital shall maintain a record of the foreign language
21 primarily spoken by any patient seeking or receiving language assistance
22 services at the hospital. Such information shall be recorded whether or
23 not such patient actually obtains such services.
24 4. The commissioner shall promulgate such rules and regulations as
25 may be necessary and proper to implement the provisions of this section,
26 which shall include the methodology to be used by hospitals in determin-
27 ing primary languages.
28 5. For purposes of this section:
29 (a) "primary language" means a language other than English that is
30 either (i) used to communicate, during at least one percent of patient
31 visits in a year, by patients who cannot speak, read, write or under-
32 stand the English language at the level of proficiency necessary for
33 effective communication with health care providers; or (ii) spoken by
34 non-English speaking individuals comprising more than one percent of the
35 primary hospital service area population, as calculated by using demo-
36 graphic information available from the United States Bureau of the
37 Census, supplemented by data from school systems;
38 (b) "patient visits" shall include all visits by patients to emergency
39 rooms and outpatient clinics, as well as inpatient admissions of the
40 hospital;
41 (c) "patient assistant" shall mean an individual who communicates on
42 behalf of another who, by reason of age or incapacity, cannot communi-
43 cate for himself or herself; and
44 (d) "hospital" shall mean a general hospital as defined in subdivision
45 ten of section twenty-eight hundred one of this article.
46 6. Nothing in this section shall preclude medical facilities from
47 providing language assistance services in addition to those required
48 under this section.
49 § 2. This act shall take effect on the one hundred eightieth day after
50 it shall have become a law.
