What's happening
This bill requires hospitals in New York to provide comprehensive language assistance services for patients with limited English proficiency.
Why it matters
Improves patient safety and quality of care. by ensuring that individuals who cannot communicate effectively in English receive accurate information about their health, treatment options, and rights, reducing the risk of medical errors or misunderstandings.
Mandates hospitals to implement comprehensive language assistance plans. , including staff training in medical interpretation, documentation of language services provided or refused, and translation of essential forms and materials, which fosters institutional accountability and consistency.
Addresses health equity and access. by requiring in-person interpretation for both primary and non-primary languages whenever possible, and by posting clear, multilingual notices about language services, making hospitals more accessible to New York’s diverse populations.
Requires regular monitoring and reporting. of hospital compliance, including annual reports on the languages spoken by patients and recordkeeping of language needs, which enables better planning, oversight, and data-driven improvements in service delivery.
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Require Hospital Language Help
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to health
- Referred to health
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Require Hospital Translation Services
In Assembly Committee · Health · Sponsor Nily Rozic
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4854
2019-2020 Regular Sessions
IN SENATE
March 27, 2019
Introduced by Sen. PARKER -- read twice and ordered printed, and when printed to be committed to the Committee on Health
AN ACT to amend the public health law, in relation to requiring hospitals to provide language assistance services
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The public health law is amended by adding a new section 2803-w to read as follows:
§ 2803-w. Provision of language assistance. 1. Every hospital shall provide language assistance services to a patient or patient assistant so as to ensure that all patients who cannot speak, read, write or understand the English language with the proficiency necessary for adequate communication with health care providers and other personnel have effective access to the hospital's programs and services, including but not limited to health care, billing and making appointments. Every hospital shall ensure that all individuals providing language assistance services to patients have sufficient fluency in both English and the relevant language to communicate clinical and other information necessary for the patient to access services. Language assistance services for primary and non-primary languages shall be available at all locations during all times that patient care is available, and shall, to the extent practicable, be provided in person. Translations of all frequently used forms, and other written materials that are essential to a patient's care and treatment or are otherwise necessary to provide adequate access to the hospital's services shall be available in all of the hospital's primary languages. Every hospital shall develop and implement a comprehensive language assistance plan that establishes uniform policies and procedures for providing language assistance services, including procedures for documenting the provision of, or refusal of, language assistance services, and that requires training to 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.
LBD00810-01-9
S. 4854 2
plan, and that all staff members who provide medical interpretation services in primary languages have received training in medical interpretation. Such individual providing language assistance services may be a qualified interpreter, voluntary worker or other personnel currently employed by said hospital and may perform other duties as directed by the hospital.
2. The statement regarding patient rights and responsibilities required pursuant to paragraph (g) of subdivision one of section twenty-eight hundred three of this article shall include a provision notifying patients of the availability of language assistance services, including oral interpretation and translations of forms and other materials. Notice of the availability of language assistance services shall also be posted in conspicuous locations throughout the hospital and in outpatient clinics, in all primary languages.
3. (a) Every hospital shall submit to the commissioner an annual report assessing its compliance with the requirements of this section. The report shall identify the primary languages used by its patients, and the percentage of the hospital's patients who speak each such primary language.
(b) The hospital shall maintain a record of the foreign language primarily spoken by any patient seeking or receiving language assistance services at the hospital. Such information shall be recorded whether or not such patient actually obtains such services.
4. The commissioner shall promulgate such rules and regulations as may be necessary and proper to implement the provisions of this section, which shall include the methodology to be used by hospitals in determining primary languages.
5. For purposes of this section:
(a) "primary language" means 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 non-English speaking individuals comprising more than one percent of the primary 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;
(b) "patient visits" shall include all visits by patients to emergency rooms and outpatient clinics, as well as inpatient admissions of the hospital;
(c) "patient assistant" shall mean an individual who communicates on behalf of another who, by reason of age or incapacity, cannot communicate for himself or herself; and
(d) "hospital" shall mean a general hospital as defined in subdivision ten of section twenty-eight hundred one of this article.
6. Nothing in this section shall preclude medical facilities from providing language assistance services in addition to those required under this section.
§ 2. This act shall take effect on the one hundred eightieth day after it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
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-u 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 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 clin- ical 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.
Read the full memo (618 words)
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 receiv- ing 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.
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."
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
2017-18: S3282 - REFERRED TO HEALTH 2015-16: S.672/A.286 - Referred to Health 2013-14: S.2960/A.1969 - Referred to Health 2011-12: S.1132/A.10378 - Referred to Health/referred to Rules 2009-2010: S.7294/A.5225A - Referred to Health A.85225A Passes Assembly 2007-08: A.5301 - Referred to Health 2005-06: A.4111-A - Passed Assembly 2003-04: S.5164/A.5431B - Referred to Health
Effective date
This act shall take effect on the one hundred eightieth day after it shall become law.
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