New York State Assembly

 
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A08560 Summary:

A08560 Actions:

A08560 Committee Votes:

Committee:HEALTH   Chair:Paulin      
DATE:05/14/2024AYE/NAY:24/0  Action: Favorable refer to committee Rules        
Paulin
Aye
Jensen
Aye
Dinowitz
Aye
Byrnes
Excused
Gunther
Aye
Gandolfo
Aye
Rosenthal
Aye
Mikulin
Aye
Hevesi
Aye
Blumencranz
Aye
Steck
Aye
Bendett
Aye
Braunstein
Aye
Gray
Aye
Solages
Aye
McGowan
Aye
Bichotte Hermel
Absent
Sayegh
Aye
McDonald
Aye
Reyes
Aye
Gonzalez-Rojas
Aye
Rajkumar
Aye
Forrest
Aye
Kelles
Aye
Lucas
Aye
Meeks
Aye

Committee:RULES   Chair:Pretlow      
DATE:05/20/2024AYE/NAY:27/0  Action: Favorable         
Heastie
Excused
Barclay
Aye
Weinstein
Aye
Hawley
Aye
Pretlow
Aye
Giglio
Aye
Cook
Aye
Blankenbush
Aye
Glick
Aye
Norris
Aye
Aubry
Aye
Ra
Aye
Dinowitz
Aye
Brabenec
Aye
Colton
Aye
Palmesano
Aye
Magnarelli
Aye
Reilly
Aye
Paulin
Aye
Peoples-Stokes
Aye
Benedetto
Aye
Lavine
Excused
Lupardo
Aye
Zebrowski
Aye
Thiele
Excused
Braunstein
Aye
Dickens
Excused
Davila
Aye
Hyndman
Aye
Rozic
Aye
Bronson
Aye

A08560 Floor Votes:

A08560 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
 submitted in accordance with Assembly Rule III, Sec 1(f)



 
BILL NUMBER: A8560A
 
SPONSOR: Burdick

 
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:
 
Requires health care providers to ask a patient an optional question as
to whether they have a disability that requires an accommodation under
the American With Disabilities Act.
 
 
SUMMARY OF PROVISIONS:
 
Section 1 amends section 8302-t of the public health law by adding a new
subdivision 2. This subdivision requires hospitals to include a volun-
tary disability accommodations needs assessment on their patient intake
forms.
 
Section 2 establishes the effective date.
 
 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
 
The amended version of this bill amends a different section of the
public health law than the original version.
 
The amended bill pertains to hospitals, rather than all health care
providers. It also adds a disclaimer that the questions on the patient
intake forms are voluntary.
 
The amended bill deletes part 3 of the original bill, which would have
required health care professionals to notify the Department of Education
that they are complying with the provisions of the bill.
 
 
JUSTIFICATION:
 
People with disabilities often face barriers when seeking healthcare due
to physical, communication, or structural obstacles within medical
facilities.

This bill requires hospitals to inquire if patients need accommodations
under the American with Disabilities Act (ADA) to ensure that patients
with disabilities are provided with the necessary accommodations to
access healthcare services effectively.  By posing this optional ques-
tion, hospitals can proactively identify and address the needs of these
individuals and ensure that they are providing equal access to health-
care services for everyone, regardless of their abilities.
 
 
PRIOR LEGISLATIVE HISTORY:
 
This is a new bill.
 
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
 
None to the state.
 
 
EFFECTIVE DATE:
This bill shall take effect on the ninetieth day after it shall have
become a law.

A08560 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         8560--A
 
                   IN ASSEMBLY
 
                                     January 9, 2024
                                       ___________
 
        Introduced  by M. of A. BURDICK -- read once and referred to the Commit-
          tee 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:
 
     1    Section  1.  Section  2803-t  of  the public health law, as amended by
     2  chapter 92 of the laws of 2014, is amended to read as follows:
     3    § 2803-t. Preadmission information.  1.  Any  hospital  that  provides
     4  preadmission  information  to a patient, shall offer a blind or visually
     5  impaired patient a large print version or, at the patient's or patient's
     6  representative's request, an audio recording, to be  made  available  to
     7  such  patient  or such patient's representative on compact disc or other
     8  medium as the hospital may offer, or as  an  electronically  transmitted
     9  digital file, in addition to a written copy of any preadmission informa-
    10  tion.
    11    2.  Each  hospital  shall  include  a  disability accommodations needs
    12  assessment on their patient intake forms. The  following  statement  and
    13  questions related to a patient's disability accommodations needs assess-
    14  ment shall read as follows:
    15    "Please note, the following questions regarding your disability status
    16  are voluntary and you are not required to answer the questions if you do
    17  not wish to.
    18    (a)  Does  the  patient  have a disability that requires accommodation
    19  under The Americans with Disabilities Act?
    20    (b) If so, what is the nature of the patient's disability?
    21    (c) Is the patient requesting a reasonable accommodation?
    22    (d) If so, what is the reasonable accommodation requested?
    23    (e) Does the patient wish to discuss accommodations with their health-
    24  care provider?"
    25    3. Nothing contained herein shall require  a  patient  to  answer  the
    26  inquiries about a disability if they wish not to do so.
    27    §  2.  This  act shall take effect on the ninetieth day after it shall
    28  have become a law.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13332-02-4

A08560 LFIN:

 
NO LFIN

A08560 Chamber Video/Transcript: