Requires the department of health to promulgate rules and regulations concerning hard of hearing patients and others

BILL NUMBER:S8107

Title of bill

An act to amend the public health law, in relation to authorizing the health department to develop regulations pertaining to hard of hearing hospital patients and others

Purpose or general idea of bill

To authorize the Department of Health (DOH) to develop regulations pertaining to deaf, deaf-blind and hard of hearing hospital patients, or patients of minor age whose parents or guardians are deaf, deaf-blind or hard of hearing.

Summary of specific provisions

Section one amends the public health law by adding a new section 2805-a which defines the terms "hearing impairment", "patient", and "responsi- ble person." Section one also provides that DOH shall adopt regulations concerning patients and responsible persons who are hearing impaired. Such regulations shall require all hospitals, except when not medically feasible, to ascertain at the time of admission whether a patient or responsible person needs an interpreter or an assistive listening device and his or her preferred method of communication. When necessary, hospi- tals must furnish a qualified interpreter or auxiliary hearing aids and assistive listening devices. A patient or responsible person may desig- nate a person to serve as an interpreter for the purposes of this section. The restraint of the hands of a patient who has a hearing impairment shall be minimized. Additionally, there shall be procedures developed to receive and address grievances concerning regulations promulgated under this section.

Section two provides that this legislation shall take effect on the first of January following the date on which it shall have become a law, provided that any regulations necessary shall have been promulgated on or before such date.

Justification

People who are deaf, hard of hearing or deaf-blind encounter barriers to the use of routinely provided health and medical services that do not exist for hearing people. It is especially important for health profes- sionals such as nurses, doctors, admission office personnel, social workers, and pharmacists to realize that deaf people communicate in different ways depending on such factors as language skills, amount of residual hearing, speech reading skills and speech abilities. Hard of hearing patients need assistive listening devices. Deaf-blind patients need interpreter services appropriate to them.

The health and mental health needs of the deaf community are comparable to their hearing counterparts. However, barriers to communication, insensitivity to or lack of knowledge about deaf culture and limited training related to the unique needs of deaf people have resulted in a scarcity of effective health services for deaf people. Without special

services tailored to the unique communication needs of deaf, hard of hearing and deaf-blind people, their medical and mental health needs will continue to be unmet. Health services must be completely accessi- ble to deaf, hard of hearing and deaf-blind persons - socially, psycho- logically, and communicatively - in order for them to be comfortable enough to access health care. By providing necessary and appropriate means of communicating, the deaf community will have equal access to health care.

Prior legislative history

A.11377 (1994) A.6261 (1995) - Referred to Health A.6261 (1996) - Reported Referred to Rules A.1590 (1997-98) - Passed Assembly A.842 (1999-00) - Passed Assembly A.7688 (2001-02) - Passed Assembly A.6614 (2003-04) - Passed Assembly A.9981 (2006) - Passed Assembly A.7137 (2007-08) - Passed Assembly A.7853 (2009) - Passed Assembly

Fiscal implication

None.

Effective date

The first of January after the date on which it shall have become law, provided that any regulations necessary for the implementation of this act on its effective date shall be promulgated on or before such date.