Requires hospitals to provide language assistance services

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

2001/02: A.10448 2005/06: A.4111 2007/08: A.5301 Referred to Health

Fiscal implications

To be determined.

Effective date

On the one hundred eightieth day after it shall have become a law.