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S04360 Summary:

BILL NOS04360
 
SAME ASNo Same As
 
SPONSORBAILEY
 
COSPNSRRIVERA
 
MLTSPNSR
 
Add §6505-f, Ed L; amd §§2805-k & 206, Pub Health L; amd §4310, Ins L
 
Requires cultural awareness and competence training for all medical professionals as part of their licensing requirements; requires biennial training in the non-discriminatory provision of medical services for physicians, physician assistants, dentists, dental hygienists, registered and licensed practical nurses, podiatrists, and optometrists; authorizes the department of education to develop the training in consultation with the department of health and other experts; provides for documentation and exemption from the requirements; provides for a public education program on minority health; appropriates $100,000 therefor.
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S04360 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          4360
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                    February 4, 2025
                                       ___________
 
        Introduced  by  Sens.  BAILEY, RIVERA -- read twice and ordered printed,
          and when printed to be committed to the Committee on Finance
 
        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-f
     2  to read as follows:
     3    § 6505-f. 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 twenty-five and every two  years  thereafter,  complete  course
     8  work  or training appropriate to the professional's practice approved by
     9  the department regarding cultural awareness and competence in  the  non-
    10  discriminatory provision of medical services, in accordance with regula-
    11  tory  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 twenty-five that the professional has completed course work
    19  or training in accordance with this section; provided, however,  that  a
    20  professional  subject  to the provisions of paragraph (f) of subdivision
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08443-01-5

        S. 4360                             2
 
     1  one of section twenty-eight hundred five-k  of  the  public  health  law
     2  shall not be required to so document.
     3    3.  The department shall provide an exemption from this requirement to
     4  anyone who requests such an exemption and who (i)  clearly  demonstrates
     5  to the department's satisfaction that there would be no need for them to
     6  complete  such  course  work  or training because of the nature of their
     7  practice; or (ii) that they  have  completed  course  work  or  training
     8  deemed by the department to be equivalent to the course work or training
     9  approved by the department pursuant to this section.
    10    §  2.  Paragraph  (f) of subdivision 1 of section 2805-k of the public
    11  health law, as amended by chapter 477 of the laws of 2008, is amended to
    12  read as follows:
    13    (f) Documentation  that  the  physician,  dentist  or  podiatrist  has
    14  completed the course work or training as mandated by section two hundred
    15  thirty-nine  of this chapter or section six thousand five hundred five-b
    16  of the education law or section sixty-five hundred five-e of the  educa-
    17  tion  law.  A hospital or facility shall not grant or renew professional
    18  privileges or association to a physician, dentist, or podiatrist who has
    19  not completed such course work or training.
    20    § 3. Section 206 of the public health law is amended by adding  a  new
    21  subdivision 32 to read as follows:
    22    32.  The commissioner is authorized and directed to develop and imple-
    23  ment a statewide, community-based public  health  education  program  to
    24  reduce  the  root  causes  of  disparities in minority health care. Such
    25  education program shall be aimed at health care professionals,  patients
    26  and  patient  advocates. The commissioner and the department may consult
    27  with the appropriate professionals in developing and implementing such a
    28  program. The commissioner shall administer  any  funds  appropriated  or
    29  otherwise provided by law for such health education program.
    30    §  4.  Paragraph  3 of subsection (d) of section 4310 of the insurance
    31  law, as amended by chapter 266 of the laws of 1986, is amended and a new
    32  paragraph 4 is added to read as follows:
    33    (3) every such corporation shall, after the first full  calendar  year
    34  of  doing  business,  accumulate  and  maintain a statutory reserve fund
    35  which shall from time to time during each calendar year be increased  in
    36  an amount equal to at least five per centum of the net premium income of
    37  such  corporation  during  such  whole  calendar year until such reserve
    38  shall be at least equal to fifty thousand dollars  and  thereafter  such
    39  reserve shall be accumulated and maintained in the manner prescribed[.];
    40    (4)  each  corporation's  statutory reserve fund shall be increased at
    41  the end of the calendar year to  the  extent  deemed  necessary  by  the
    42  superintendent,  in  consultation  with  the  commissioner of health, to
    43  provide capital necessary to establish  and  maintain  the  health  care
    44  provider  training  in cultural awareness and competence, as provided by
    45  section two hundred six of the public health law and section  six  thou-
    46  sand five hundred five-e of the education law.
    47    §  5.  The  sum of one hundred thousand dollars ($100,000), or so much
    48  thereof as may be necessary, is hereby appropriated to the department of
    49  health out of any moneys in the state treasury in the  general  fund  to
    50  the  credit  of  the state purposes account, not otherwise appropriated,
    51  and made immediately available, for such purpose  of  carrying  out  the
    52  provisions of section three of this act. Such moneys shall be payable on
    53  the  audit  and  warrant  of  the  comptroller  on vouchers certified or
    54  approved by the commissioner of health, or their duly designated  repre-
    55  sentative  in the manner prescribed by law. No expenditure shall be made
    56  from this appropriation until a certificate of approval of  availability

        S. 4360                             3
 
     1  shall  have been issued by the director of the budget and filed with the
     2  state comptroller and a copy filed with the chair of the senate  finance
     3  committee  and  the chair of the assembly ways and means committee. Such
     4  certificate  may  be  amended  from  time to time by the director of the
     5  budget and a copy of each such amendment shall be filed with  the  state
     6  comptroller,  the chair of the senate finance committee and the chair of
     7  the assembly ways and means committee.
     8    § 6. This act shall take effect immediately.
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