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.
