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Bill

A 11537

Enacts the safe access to care act

2025 Regular Session

Requires health facilities to protect patient rights and confidentiality from civil immigration enforcement, with clear policies, training, and enforcement.

REFERRED TO HEALTH
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WeVote Research Nonpartisan
Bill Summary · A 11537

Overview

A 11537, the Safe Access to Care Act, is a New York bill introduced in 2026 that would require certain healthcare facilities to adopt and publicly disclose patient rights regarding civil immigration enforcement, and to implement protections and policies aimed at limiting immigration enforcement intrusions into clinical care and nonpublic areas.

Main purpose and intent

  • Ensure patients and their protected health information are shielded from civil immigration enforcement (CIE) actions within healthcare settings.
  • Establish clear rights for patients, and obligations and policies for facilities to safeguard care access, confidentiality, and informed consent regardless of immigration status.
  • Create formal procedures for facilities to handle CIE requests while preserving patient rights and safety.

Key provisions and changes

  1. Definitions and scope

    • Defines civil immigration enforcement, judicial warrants/orders, and “healthcare facility” to include a broad range of licensed sites (hospitals, clinics, nursing homes, FQHCs, etc.).
    • Establishes “nonpublic areas” within facilities where protections apply.

  2. Patient rights and facility obligations

    • Facilities must adopt and publicize a statement of patient rights and related facility obligations regarding immigration enforcement.
    • Rights include: care free from unlawful CIE interference, confidentiality of protected health information (including immigration status), notification of policies, equal rights for patients in custody, and information available in the patient’s primary language.
    • Custody status in detention by CIE does not diminish patient rights.

  3. Facility access policies

    • Requires written CIE access policies, including:
      • Designated contact persons for inquiries.
      • Verification procedures for CIE credentials and warrants.
      • Restrictions on accessing nonpublic areas, patients, or records without a valid warrant/order.
      • Documentation of encounters with CIE agents.
      • Notification plan to the department and attorney general within 48 hours of any action.

  4. Prohibition on voluntary disclosure and access

    • Prohibits voluntary disclosure of a patient’s immigration status or access to nonpublic areas or records, absent a valid warrant/order, with limited exceptions for other lawful obligations.

  5. Detained patients

    • Detained patients receive the same care and rights (informed consent, confidential communications, access to mental health services, visits, phone access, etc.).
    • Detained status cannot delay admission, triage, or treatment; transfers or removals are limited to lawful requirements.

  6. Staff training

    • Requires regular training on policies, verification of agents and warrants, documentation, rights of detained patients, language access, and trauma-informed care.

  7. Model guidance

    • Within 180 days, the Commissioner must develop model policies, training curricula, patient materials in multiple languages, signage, and a reporting mechanism for CIE actions.
    • Facilities must confirm receipt and compliance within 45 days of dissemination.

  8. Compliance timeline

    • Facilities must adopt policies within 90 days (or 45 days after model guidance, if earlier).

  9. Liability protections

    • Immunizes facilities and staff acting in good faith from civil/criminal liability for declining access absent a warrant/order, to the extent permissible by federal law.

  10. Enforcement

    • The Attorney General can investigate and seek remedies, including injunctive relief and penalties.
    • Private right of action is available to individuals harmed by violations.
    • Departments can enforce via inspections and penalties; protections exist for employees who decline access or report violations.

  11. Workplace safety integration

    • Elevates unlawful CIE actions to workplace threat/ hazard status, requiring inclusion in safety plans and training.

Who is affected

  • Healthcare facilities licensed under New York law (hospitals, clinics, nursing homes, FQHCs, etc.) and their staff.
  • Patients receiving care, including those in civil immigration detention.
  • State agencies (Attorney General, Department of Health) overseeing enforcement, guidance, and reporting.

Practical impact

  • Strengthens patient protections and confidentiality against immigration enforcement in medical settings.
  • Establishes formal processes to challenge improper CIE access and appeals for affected individuals.
  • Promotes trauma-informed care and language-accessible information for patients.
  • Creates ongoing compliance obligations and potential penalties for noncompliance.

Compiled from official sources — confirm details with the bill’s official record.

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