STATE OF NEW YORK
        ________________________________________________________________________
                                          6603
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                     March 14, 2019
                                       ___________
        Introduced by M. of A. DE LA ROSA, JAFFEE, M. G. MILLER, PEOPLES-STOKES,
          WILLIAMS,  DICKENS, SIMON, MOSLEY, BLAKE, BARRON, RIVERA, SEAWRIGHT --
          Multi-Sponsored by -- M. of A. COOK -- read once and referred  to  the
          Committee on Higher Education
        AN ACT to amend the education law and the public health law, in relation
          to  requiring  cultural  awareness  and  competence  training  for all
          medical professionals; to amend the public health law, in relation  to
          a  public  health  education  program;  to amend the insurance law, in
          relation to requiring  health  maintenance  organizations  to  provide
          funding  for  such  cultural  awareness  and  competence training; and
          making an appropriation therefor
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section 1. The education law is amended by adding a new section 6505-d
     2  to read as follows:
     3    §  6505-d.  Course  work  or training in cultural awareness and compe-
     4  tence. 1. Every  physician,  physician  assistant,  dentist,  registered
     5  nurse,  licensed  practical  nurse,  podiatrist,  optometrist and dental
     6  hygienist practicing in the state shall, on or before  July  first,  two
     7  thousand  nineteen  and every two years thereafter, complete course work
     8  or training appropriate to the professional's practice approved  by  the
     9  department  regarding  cultural awareness and competence in the non-dis-
    10  criminatory provision of medical services, in accordance with regulatory
    11  standards promulgated  by  the  department,  in  consultation  with  the
    12  department  of  health. The department shall also consult with organiza-
    13  tions representative of professions, institutions and those with  exper-
    14  tise in cultural awareness and competence with respect to the regulatory
    15  standards promulgated pursuant to this section.
    16    2. Each such professional shall document to the department at the time
    17  of registration commencing with the first registration after July first,
    18  two thousand nineteen that the professional has completed course work or
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10684-01-9

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     1  training  in  accordance  with  this  section; provided, however, that a
     2  professional subject to the provisions of paragraph (f)  of  subdivision
     3  one  of  section  twenty-eight  hundred  five-k of the public health law
     4  shall not be required to so document.
     5    3.  The department shall provide an exemption from this requirement to
     6  anyone who requests such an exemption and who (i)  clearly  demonstrates
     7  to  the department's satisfaction that there would be no need for him or
     8  her to complete such course work or training because of  the  nature  of
     9  his  or her practice or (ii) that he or she has completed course work or
    10  training deemed by the department to be equivalent to the course work or
    11  training approved by the department pursuant to this section.
    12    § 2. Paragraph (f) of subdivision 1 of section 2805-k  of  the  public
    13  health law, as amended by chapter 477 of the laws of 2008, is amended to
    14  read as follows:
    15    (f)  Documentation  that  the  physician,  dentist  or  podiatrist has
    16  completed the course work or training as mandated by section two hundred
    17  thirty-nine of this chapter or section six thousand five hundred  five-b
    18  of  the education law or section sixty-five hundred five-d of the educa-
    19  tion law.  A hospital or facility shall not grant or renew  professional
    20  privileges or association to a physician, dentist, or podiatrist who has
    21  not completed such course work or training.
    22    §  3.  Section 206 of the public health law is amended by adding a new
    23  subdivision 31 to read as follows:
    24    31. The commissioner is authorized and directed to develop and  imple-
    25  ment  a  statewide,  community-based  public health education program to
    26  reduce the root causes of disparities  in  minority  health  care.  Such
    27  education  program shall be aimed at health care professionals, patients
    28  and patient advocates. The commissioner and the department  may  consult
    29  with the appropriate professionals in developing and implementing such a
    30  program.  The  commissioner  shall  administer any funds appropriated or
    31  otherwise provided by law for such health education program.
    32    § 4. Paragraph 3 of subsection (d) of section 4310  of  the  insurance
    33  law, as amended by chapter 266 of the laws of 1986, is amended and a new
    34  paragraph 4 is added to read as follows:
    35    (3)  every  such corporation shall, after the first full calendar year
    36  of doing business, accumulate and  maintain  a  statutory  reserve  fund
    37  which  shall from time to time during each calendar year be increased in
    38  an amount equal to at least five per centum of the net premium income of
    39  such corporation during such whole  calendar  year  until  such  reserve
    40  shall  be  at  least equal to fifty thousand dollars and thereafter such
    41  reserve shall be accumulated and maintained in the manner prescribed[.];
    42    (4) each corporation's statutory reserve fund shall  be  increased  at
    43  the  end  of  the  calendar  year  to the extent deemed necessary by the
    44  superintendent, in consultation with  the  commissioner  of  health,  to
    45  provide  capital  necessary  to  establish  and maintain the health care
    46  provider training in cultural awareness and competence, as  provided  by
    47  section  two  hundred six of the public health law and section six thou-
    48  sand five hundred five-d of the education law.
    49    § 5. The sum of one hundred thousand dollars ($100,000),  or  so  much
    50  thereof as may be necessary, is hereby appropriated to the department of
    51  health  out  of  any moneys in the state treasury in the general fund to
    52  the credit of the state purposes account,  not  otherwise  appropriated,
    53  and  made  immediately  available,  for such purpose of carrying out the
    54  provisions of section three of this act. Such moneys shall be payable on
    55  the audit and warrant  of  the  comptroller  on  vouchers  certified  or
    56  approved  by  the  commissioner of health, or his or her duly designated

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     1  representative in the manner prescribed by law. No expenditure shall  be
     2  made  from  this appropriation until a certificate of approval of avail-
     3  ability shall have been issued by the director of the budget  and  filed
     4  with  the  state  comptroller  and a copy filed with the chairman of the
     5  senate finance committee and the chairman of the assembly ways and means
     6  committee. Such certificate may be amended from  time  to  time  by  the
     7  director  of the budget and a copy of each such amendment shall be filed
     8  with the state comptroller, the chairman of the senate finance committee
     9  and the chairman of the assembly ways and means committee.
    10    § 6. This act shall take effect immediately.