Requires hospitals record information during intake and registration if a patient requires a disability accommodation, the official text

S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1475
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 9, 2025
                                ___________
 
 Introduced  by M. of A. BURDICK -- read once and referred to the Commit-
   tee on Health
 
 AN ACT to amend the public health law, in relation to requiring  general
   hospitals to obtain and record certain information during  the  intake
   and  registration  of a patient, and to amend a chapter of the laws of
   2024 amending the public health law relating to requiring hospitals to
   ask patients if they have a  disability  that  requires  accommodation
   under  The Americans with Disabilities Act, as proposed in legislative
   bills numbers S. 8666-A and A. 8560-A, in relation to  the  effective-
   ness thereof
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 2803-t of the public health law, as  amended  by  a
 chapter  of  the laws of 2024 amending the public health law relating to
 requiring hospitals to ask patients  if  they  have  a  disability  that
 requires  accommodation  under  The  Americans with Disabilities Act, as
 proposed in legislative bills  numbers  S.  8666-A  and  A.  8560-A,  is
 amended to read as follows:
   §  2803-t.  Preadmission  information.  1.  Any  GENERAL hospital that
 provides preadmission information to a patient, shall offer a  blind  or
 visually  impaired patient a large print version or, at the patient's or
 patient's representative's request,  an  audio  recording,  to  be  made
 available  to  such  patient or such patient's representative on compact
 disc or other medium as the hospital may offer, or as an  electronically
 transmitted digital file, in addition to a written copy of any preadmis-
 sion information.
   2.  Each  GENERAL hospital, DURING THE INTAKE AND REGISTRATION OF EACH
 PATIENT, shall [include a]  OBTAIN AND RECORD INFORMATION  AS  SPECIFIED
 BY  THE  DEPARTMENT  IN REGULATION OR GUIDANCE TO DETERMINE WHETHER SUCH
 PATIENT REQUIRES A REASONABLE ACCOMMODATION FOR A  disability  [accommo-
 dations  needs  assessment  on their patient intake forms. The following

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02722-01-5
 A. 1475                             2

 statement and questions related to a patient's disability accommodations
 needs assessment shall read as follows:
   "Please note, the following questions regarding your disability status
 are voluntary and you are not required to answer the questions if you do
 not wish to.
   (a)  Does  the  patient  have a disability that requires accommodation
 under The Americans with Disabilities Act?
   (b) If so, what is the nature of the patient's disability?
   (c) Is the patient requesting a reasonable accommodation?
   (d) If so, what is the reasonable accommodation requested?
   (e) Does the patient wish to discuss accommodations with their health-
 care provider?"].
   3. Nothing contained herein shall require  a  patient  to  answer  the
 inquiries about a disability if they wish not to do so.
   §  2.  Section  2 of a chapter of the laws of 2024 amending the public
 health law relating to requiring hospitals to ask patients if they  have
 a  disability that requires accommodation under The Americans with Disa-
 bilities Act, as proposed in legislative bills numbers S. 8666-A and  A.
 8560-A, is amended to read as follows:
   §  2. This act shall take effect on the [ninetieth] ONE HUNDRED EIGHT-
 IETH day after it shall have become a law.
   § 3. This act shall take effect immediately; provided,  however,  that
 section  one  of  this act shall take effect on the same date and in the
 same manner as a chapter of the laws of 2024 amending the public  health
 law relating to requiring hospitals to ask patients if they have a disa-
 bility that requires accommodation under The Americans with Disabilities
 Act,  as  proposed in legislative bills numbers S. 8666-A and A. 8560-A,
 takes effect.