Amd §2803-t, Pub Health L; amd §2, Chap of 2024 (as proposed in S.8666-A & A.8560-A)
Requires hospitals record information during intake and registration if a patient requires a disability accommodation; allows such patient to decline such request for information.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1475
SPONSOR: Burdick TITLE OF BILL:
An act to amend the public health law, in relation to requiring general
hospitals to obtain and record certain information during the intake and
registration of a patient, and to amend a chapter of the laws of 2024
amending the public health law relating to requiring hospitals to ask
patients if they have a disability that requires accommodation under The
Americans with Disabilities Act, as proposed in legislative bills
numbers S. 8666-A and A. 8560-A, in relation to the effectiveness there-
of
PURPOSE:
The purpose of this bill is to require general hospitals to obtain
information determining whether the patient requires reasonable accommo-
dations for a disability.
SUMMARY OF PROVISIONS:
This bill amends Chapter 624 of the Public Health Law by requiring
general hospitals to obtain information determining whether the patient
requires reasonable accommodations for a disability during intake and
admission of the patient. This bill clarifies that it shall only apply
to general hospitals and that this information should be obtained and
recorded in accordance with regulations or guidance issued by the
Department of Health. Nothing shall require a patient to answer ques-
tions about a disability if they do not wish to.
JUSTIFICATION:
People with disabilities often face barriers when seeking healthcare due
to physical, communication, or structural obstacles within medical
facilities.
These changes maintain the requirement for general hospitals to record
information related to reasonable accommodations for a disability and
provide the department with additional time to develop regulations and
guidance related to obtaining this information.
LEGISLATIVE HISTORY:
This is a new bill.
BUDGET IMPLICATIONS:
None noted.
EFFECTIVE DATE:
This act shall take effect immediately; provided, however, that section
one of this act shall take effect on the same date and in the same
manner as a chapter of the laws of 2024 amending the public health law
relating to requiring hospitals to ask patients if they have a disabili-
ty that requires accommodation under The Americans with Disabilities, as
proposed in legislative bills numbers S. 8666-A and A. 8560-A, takes
effect.
STATE OF NEW YORK
________________________________________________________________________
1475
2025-2026 Regular Sessions
IN ASSEMBLY
January 9, 2025
___________
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 general
hospitals to obtain and record certain information during the intake
and registration of a patient, and to amend a chapter of the laws of
2024 amending the public health law relating to requiring hospitals to
ask patients if they have a disability that requires accommodation
under The Americans with Disabilities Act, as proposed in legislative
bills numbers S. 8666-A and A. 8560-A, in relation to the effective-
ness thereof
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 2803-t of the public health law, as amended by a
2 chapter of the laws of 2024 amending the public health law relating to
3 requiring hospitals to ask patients if they have a disability that
4 requires accommodation under The Americans with Disabilities Act, as
5 proposed in legislative bills numbers S. 8666-A and A. 8560-A, is
6 amended to read as follows:
7 § 2803-t. Preadmission information. 1. Any general hospital that
8 provides preadmission information to a patient, shall offer a blind or
9 visually impaired patient a large print version or, at the patient's or
10 patient's representative's request, an audio recording, to be made
11 available to such patient or such patient's representative on compact
12 disc or other medium as the hospital may offer, or as an electronically
13 transmitted digital file, in addition to a written copy of any preadmis-
14 sion information.
15 2. Each general hospital, during the intake and registration of each
16 patient, shall [include a] obtain and record information as specified
17 by the department in regulation or guidance to determine whether such
18 patient requires a reasonable accommodation for a disability [accommo-
19 dations needs assessment on their patient intake forms. The following
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02722-01-5
A. 1475 2
1 statement and questions related to a patient's disability accommodations
2 needs assessment shall read as follows:
3 "Please note, the following questions regarding your disability status
4 are voluntary and you are not required to answer the questions if you do
5 not wish to.
6 (a) Does the patient have a disability that requires accommodation
7 under The Americans with Disabilities Act?
8 (b) If so, what is the nature of the patient's disability?
9 (c) Is the patient requesting a reasonable accommodation?
10 (d) If so, what is the reasonable accommodation requested?
11 (e) Does the patient wish to discuss accommodations with their health-
12 care provider?"].
13 3. Nothing contained herein shall require a patient to answer the
14 inquiries about a disability if they wish not to do so.
15 § 2. Section 2 of a chapter of the laws of 2024 amending the public
16 health law relating to requiring hospitals to ask patients if they have
17 a disability that requires accommodation under The Americans with Disa-
18 bilities Act, as proposed in legislative bills numbers S. 8666-A and A.
19 8560-A, is amended to read as follows:
20 § 2. This act shall take effect on the [ninetieth] one hundred eight-
21 ieth day after it shall have become a law.
22 § 3. This act shall take effect immediately; provided, however, that
23 section one of this act shall take effect on the same date and in the
24 same manner as a chapter of the laws of 2024 amending the public health
25 law relating to requiring hospitals to ask patients if they have a disa-
26 bility that requires accommodation under The Americans with Disabilities
27 Act, as proposed in legislative bills numbers S. 8666-A and A. 8560-A,
28 takes effect.
