Bill Text: NY A05109 | 2019-2020 | General Assembly | Introduced

---

Bill Title: Authorizes and directs the department of health to develop regulations pertaining to hard of hearing hospital patients and others.

Spectrum: Slight Partisan Bill (Republican 8-3)

Status: (Introduced - Dead) 2020-01-06 - enacting clause stricken [A05109 Detail]

Download: New_York-2019-A05109-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________
                                          5109
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 7, 2019
                                       ___________
        Introduced  by  M.  of  A.  RAIA,  JAFFEE,  GIGLIO, B. MILLER, ABINANTI,
          D'URSO, LAWRENCE -- Multi-Sponsored by -- M. of A. PALMESANO  --  read
          once and referred to the Committee on Health
        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
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  The  public health law is amended by adding a new section
     2  2805-z to read as follows:
     3    § 2805-z. Hospital; persons with a hearing impairment. 1. The  follow-
     4  ing definitions shall apply to this section:
     5    (a)  "Hearing impairment" means a condition that has rendered a person
     6  hard of hearing, deaf, or deaf-blind.
     7    (b) "Patient" means a person receiving health care at a hospital.
     8    (c) "Responsible person" means a parent, guardian, or person otherwise
     9  responsible for the health care decisions of a patient.
    10    2. The department shall  adopt  regulations  concerning  patients  and
    11  responsible  persons  who have a hearing impairment, which shall require
    12  at least the following:
    13    (a) Except where not medically feasible, all hospitals shall ascertain
    14  at the time of admission whether a patient or responsible person  has  a
    15  hearing  impairment.  If so, the hospital shall ascertain whether or not
    16  he or she needs an interpreter or an assistive listening device and  his
    17  or her preferred method of communication.
    18    (b)  When necessary, hospitals must furnish a qualified interpreter to
    19  ensure effective communication between a patient or  responsible  person
    20  with a hearing impairment and the patient's physician and other hospital
    21  personnel.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07962-01-9
        A. 5109                             2
     1    (c)  A  patient  or  responsible  person with a hearing impairment may
     2  designate a person to serve as an interpreter for the purposes  of  this
     3  section.
     4    (d) Hospitals must make available auxiliary hearing aids and assistive
     5  listening  devices,  which shall include, but not be limited to, hearing
     6  aid-compatible telephones, telephone handset amplifiers, and  telecommu-
     7  nication devices for the deaf where necessary to ensure effective commu-
     8  nication.
     9    (e)  The restraint of the hands of a patient who has a hearing impair-
    10  ment shall be minimized.
    11    (f) Procedures shall be developed to receive  and  address  grievances
    12  concerning regulations promulgated under this section.
    13    §  2. This act shall take effect on the first of January next succeed-
    14  ing the date on which it shall have  become  a  law.    Any  regulations
    15  necessary for the implementation of this act on its effective date shall
    16  be promulgated on or before such date.