Bill Text: NY A00382 | 2009-2010 | General Assembly | Amended
Bill Title: Enacts the "child abuse medical services act" to ensure that actual and suspected cases of child abuse are handled by properly qualified medical and allied personnel.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-04-19 - print number 382a [A00382 Detail]
Download: New_York-2009-A00382-Amended.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 382--A 2009-2010 Regular Sessions I N A S S E M B L Y (PREFILED) January 7, 2009 ___________ Introduced by M. of A. JOHN -- read once and referred to the Committee on Children and Families -- recommitted to the Committee on Children and Families in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the public health law, the insurance law and the social services law, in relation to the provision of child abuse medical services at child advocacy centers and reimbursement therefor THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Short title. This act shall be known and may be cited as 2 the "child abuse medical services act". 3 S 2. Legislative intent. The legislature hereby finds and declares 4 that a child or adolescent who has been sexually abused needs immediate 5 medical attention and treatment. It is critical, therefore, that a child 6 or adolescent victimized by sexual assault, misconduct, or exploitation 7 has direct access to a medical provider who is specially trained to 8 evaluate, diagnose, and treat children and adolescents who have been 9 sexually abused. Furthermore, medical services must be specifically 10 tailored to the health, mental health, and social needs of an abused 11 child or adolescent. Child advocacy centers, accredited by the National 12 Children's Alliance and recognized by the New York state office of chil- 13 dren and family services, provide such specialized medical services to 14 abused and maltreated children and adolescents. Child advocacy centers 15 provide trained and experienced medical providers who are members of a 16 multi-disciplinary team located in a facility dedicated to children and 17 adolescents who have been abused or maltreated where children and 18 adolescents can find timely, complete, sensitive medical help, therapy, 19 and support. To ensure abused children and adolescents direct access to 20 child abuse medical providers at child advocacy centers and the avail- EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02552-03-0 A. 382--A 2 1 ability of such services, the legislature hereby enacts the child abuse 2 medical services act. 3 S 3. The public health law is amended by adding a new section 4406-f 4 to read as follows: 5 S 4406-F. ACCESS TO CHILD ABUSE MEDICAL PROVIDERS AT CHILD ADVOCACY 6 CENTERS. 1. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL 7 HAVE THE FOLLOWING MEANINGS: 8 A. "CHILD ABUSE MEDICAL PROVIDER" MEANS A PHYSICIAN LICENSED UNDER 9 ARTICLE ONE HUNDRED THIRTY-ONE OF THE EDUCATION LAW, NURSE PRACTITIONER 10 CERTIFIED UNDER SECTION SIXTY-NINE HUNDRED TEN OF THE EDUCATION LAW, OR 11 PHYSICIAN ASSISTANT OR SPECIALIST ASSISTANT LICENSED UNDER ARTICLE ONE 12 HUNDRED THIRTY-ONE-B OF THE EDUCATION LAW TO PRACTICE IN THE STATE OF 13 NEW YORK WHO HAS COMPLETED A CHILD ABUSE MEDICAL PROVIDER EDUCATION 14 PROGRAM AND PROVIDES MEDICAL ASSESSMENT AND SERVICES TO CHILDREN, WHO 15 HAVE BEEN OR MAY HAVE BEEN SEXUALLY ABUSED, AT A CHILD ADVOCACY CENTER. 16 B. "CHILD ABUSE MEDICAL PROVIDER EDUCATION PROGRAM" MEANS A PROGRAM OF 17 EDUCATION DEVELOPED AND IMPLEMENTED OR APPROVED BY THE DEPARTMENT, IN 18 CONSULTATION WITH THE OFFICE OF CHILDREN AND FAMILY SERVICES, SPECIF- 19 ICALLY TO TRAIN PHYSICIANS, NURSE PRACTITIONERS, AND PHYSICIAN AND 20 SPECIALIST ASSISTANTS LICENSED TO PRACTICE PURSUANT TO TITLE EIGHT OF 21 THE EDUCATION LAW ABOUT EVALUATION, DIAGNOSIS, AND TREATMENT OF ABUSED 22 AND MALTREATED CHILDREN. 23 C. "CHILD ADVOCACY CENTER" MEANS A LOCAL OR REGIONAL MULTIDISCIPLINARY 24 TEAM FULLY ACCREDITED BY THE NATIONAL CHILDREN'S ALLIANCE AND APPROVED 25 BY THE OFFICE OF CHILDREN AND FAMILY SERVICES FOR THE PURPOSE OF INVES- 26 TIGATING REPORTS OF SUSPECTED CHILD ABUSE OR MALTREATMENT. 27 D. "CHILD SEXUAL ABUSE" MEANS ANY OF THE OFFENSES DESCRIBED IN ARTICLE 28 ONE HUNDRED THIRTY, TWO HUNDRED THIRTY, OR TWO HUNDRED SIXTY-THREE OF 29 THE PENAL LAW WHEN COMMITTED AGAINST A PERSON LESS THAN EIGHTEEN YEARS 30 OF AGE. 31 E. "MEDICAL ASSESSMENT" MEANS THE EVALUATION, DIAGNOSIS, AND TREATMENT 32 OF A CHILD BY A CHILD ABUSE MEDICAL PROVIDER, WHICH INCLUDES BUT IS NOT 33 LIMITED TO A THOROUGH MEDICAL HISTORY AND COMPLETE PHYSICAL AND MENTAL 34 HEALTH EXAMINATION TO DETERMINE WHETHER OR NOT A CHILD HAS BEEN SEXUALLY 35 ABUSED, DIAGNOSE AND TREAT THE CHILD, AND IDENTIFY APPROPRIATE FOLLOW-UP 36 FOR THE CHILD PURSUANT TO A PROTOCOL APPROVED BY THE DEPARTMENT IN 37 CONSULTATION WITH THE OFFICE OF CHILDREN AND FAMILY SERVICES. 38 2. NO CHILD WHO HAS BEEN OR MAY HAVE BEEN SEXUALLY ABUSED SHALL BE 39 DENIED DIRECT ACCESS TO A CHILD ABUSE MEDICAL PROVIDER AT A CHILD ADVO- 40 CACY CENTER. A HEALTH MAINTENANCE ORGANIZATION SHALL NOT DENY A CHILD 41 DIRECT ACCESS TO A CHILD ABUSE MEDICAL PROVIDER AT A CHILD ADVOCACY 42 CENTER FOR A MEDICAL ASSESSMENT OR LIMIT SUCH ACCESS WHEN: 43 A. A CHILD DISCLOSES SEXUAL ABUSE TO A PARENT, OTHER PERSON LEGALLY 44 RESPONSIBLE FOR THE CARE OF THE CHILD AS DEFINED BY THE FAMILY COURT 45 ACT, OR A PERSON OR OFFICIAL REQUIRED TO REPORT SEXUAL ABUSE OF A CHILD 46 PURSUANT TO SECTION FOUR HUNDRED THIRTEEN OF THE SOCIAL SERVICES LAW; 47 B. A PARENT, OTHER PERSON LEGALLY RESPONSIBLE FOR CARE OF THE CHILD AS 48 DEFINED BY THE FAMILY COURT ACT, OR A PERSON OR OFFICIAL ACTING IN A 49 PROFESSIONAL CAPACITY REQUIRED TO REPORT SEXUAL ABUSE OF A CHILD PURSU- 50 ANT TO SECTION FOUR HUNDRED THIRTEEN OF THE SOCIAL SERVICES LAW HAS 51 REASONABLE CAUSE TO SUSPECT THAT THE CHILD HAS BEEN OR MAY HAVE BEEN 52 SEXUALLY ABUSED; 53 C. A CHILD PROTECTIVE AGENCY, AS DEFINED IN SECTION ONE THOUSAND 54 TWELVE OF THE FAMILY COURT ACT, HAS REASONABLE CAUSE TO BELIEVE THAT A 55 CHILD IN ITS CUSTODY HAS BEEN OR MAY HAVE BEEN SEXUALLY ABUSED; OR 56 D. A COURT ORDER DIRECTS A MEDICAL ASSESSMENT OF A CHILD. A. 382--A 3 1 3. IT SHALL BE THE DUTY OF THE ADMINISTRATIVE OFFICER OR OTHER PERSON 2 IN CHARGE OF EACH HEALTH MAINTENANCE ORGANIZATION TO: 3 A. ADVISE EACH ENROLLEE, IN WRITING, OF THE PROVISIONS OF THIS 4 SECTION, AND 5 B. ESTABLISH, AND DISCLOSE TO ALL ENROLLEES, PARTICIPATING HEALTH 6 CARE PROVIDERS, THE COMMISSIONER, AND THE SUPERINTENDENT OF INSURANCE, 7 METHODS OF ENSURING THAT A CHILD COVERED UNDER THE PLAN WHO HAS OR MAY 8 HAVE BEEN SEXUALLY ABUSED HAS DIRECT ACCESS TO CHILD ABUSE MEDICAL 9 PROVIDERS AT CHILD ADVOCACY CENTERS. 10 4. THE AMOUNT OF REIMBURSEMENT WHICH SHALL BE PAID FOR A MEDICAL 11 ASSESSMENT OF A CHILD BY A CHILD ABUSE MEDICAL PROVIDER AT A CHILD ADVO- 12 CACY CENTER SHALL EQUAL THE AMOUNT THAT WOULD BE PAID TO A QUALIFIED 13 PROVIDER WITHIN THE PLAN. THERE SHALL BE NO ADDITIONAL COST TO THE 14 INSURED BEYOND WHAT THE INSURED WOULD OTHERWISE PAY FOR SERVICES 15 RECEIVED WITHIN THE NETWORK. 16 S 4. Subdivision 1 of section 4408 of the public health law is amended 17 by adding a new paragraph (p-2) to read as follows: 18 (P-2) NOTICE THAT A CHILD ENROLLEE WHO HAS BEEN OR MAY HAVE BEEN SEXU- 19 ALLY ABUSED SHALL HAVE DIRECT ACCESS TO A CHILD ABUSE MEDICAL PROVIDER 20 AT A CHILD ADVOCACY CENTER; 21 S 5. Subsection (i) of section 3216 of the insurance law is amended by 22 adding a new paragraph 27 to read as follows: 23 (27) (A) EVERY POLICY WHICH PROVIDES COVERAGE FOR HOSPITAL, SURGICAL, 24 OR MEDICAL CARE SHALL PROVIDE THE FOLLOWING COVERAGE FOR CHILD SEXUAL 25 ABUSE PURSUANT TO THIS PARAGRAPH. 26 (B) FOR THE PURPOSES OF THIS PARAGRAPH, THE FOLLOWING TERMS SHALL HAVE 27 THE FOLLOWING MEANINGS: 28 (I) "CHILD ABUSE MEDICAL PROVIDER" MEANS A PHYSICIAN LICENSED UNDER 29 ARTICLE ONE HUNDRED THIRTY-ONE OF THE EDUCATION LAW, NURSE PRACTITIONER 30 CERTIFIED UNDER SECTION SIXTY-NINE HUNDRED TEN OF THE EDUCATION LAW, OR 31 PHYSICIAN ASSISTANT OR SPECIALIST ASSISTANT LICENSED UNDER ARTICLE ONE 32 HUNDRED THIRTY-ONE-B OF THE EDUCATION LAW TO PRACTICE IN THE STATE OF 33 NEW YORK WHO HAS COMPLETED A CHILD ABUSE MEDICAL PROVIDER EDUCATION 34 PROGRAM AND PROVIDES MEDICAL ASSESSMENT AND SERVICES TO CHILDREN, WHO 35 HAVE BEEN OR MAY HAVE BEEN SEXUALLY ABUSED, AT A CHILD ADVOCACY CENTER. 36 (II) "CHILD ABUSE MEDICAL PROVIDER EDUCATION PROGRAM" MEANS A PROGRAM 37 OF EDUCATION DEVELOPED AND IMPLEMENTED OR APPROVED BY THE DEPARTMENT OF 38 HEALTH, IN CONSULTATION WITH THE OFFICE OF CHILDREN AND FAMILY SERVICES, 39 SPECIFICALLY TO TRAIN PHYSICIANS, NURSE PRACTITIONERS, AND PHYSICIAN AND 40 SPECIALIST ASSISTANTS LICENSED TO PRACTICE PURSUANT TO TITLE EIGHT OF 41 THE EDUCATION LAW ABOUT EVALUATION, DIAGNOSIS, AND TREATMENT OF ABUSED 42 AND MALTREATED CHILDREN. 43 (III) "CHILD ADVOCACY CENTER" MEANS A LOCAL OR REGIONAL MULTIDISCIPLI- 44 NARY TEAM FULLY ACCREDITED BY THE NATIONAL CHILDREN'S ALLIANCE AND 45 APPROVED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES FOR THE PURPOSE 46 OF INVESTIGATING REPORTS OF SUSPECTED CHILD ABUSE OR MALTREATMENT. 47 (IV) "CHILD SEXUAL ABUSE" MEANS ANY OF THE OFFENSES DESCRIBED IN ARTI- 48 CLE ONE HUNDRED THIRTY, TWO HUNDRED THIRTY, OR TWO HUNDRED SIXTY-THREE 49 OF THE PENAL LAW WHEN COMMITTED AGAINST A PERSON LESS THAN EIGHTEEN 50 YEARS OF AGE. 51 (V) "MEDICAL ASSESSMENT" MEANS THE EVALUATION, DIAGNOSIS, AND TREAT- 52 MENT OF A CHILD BY A CHILD ABUSE MEDICAL PROVIDER, WHICH INCLUDES BUT IS 53 NOT LIMITED TO A THOROUGH MEDICAL HISTORY AND COMPLETE PHYSICAL AND 54 MENTAL HEALTH EXAMINATION TO DETERMINE WHETHER OR NOT A CHILD HAS BEEN 55 SEXUALLY ABUSED, DIAGNOSE AND TREAT THE CHILD, AND IDENTIFY APPROPRIATE 56 FOLLOW-UP FOR THE CHILD PURSUANT TO A PROTOCOL APPROVED BY THE DEPART- A. 382--A 4 1 MENT OF HEALTH IN CONSULTATION WITH THE OFFICE OF CHILDREN AND FAMILY 2 SERVICES. 3 (C) NO POLICY SHALL DENY TO A CHILD WHO HAS BEEN OR MAY HAVE BEEN 4 SEXUALLY ABUSED DIRECT ACCESS TO A CHILD ABUSE MEDICAL PROVIDER AT A 5 CHILD ADVOCACY CENTER FOR A MEDICAL ASSESSMENT OR LIMIT SUCH ACCESS 6 WHEN: 7 (I) A CHILD DISCLOSES SEXUAL ABUSE TO A PARENT, OTHER PERSON LEGALLY 8 RESPONSIBLE FOR THE CARE OF THE CHILD AS DEFINED BY THE FAMILY COURT 9 ACT, OR A PERSON OR OFFICIAL REQUIRED TO REPORT SEXUAL ABUSE OF A CHILD 10 PURSUANT TO SECTION FOUR HUNDRED THIRTEEN OF THE SOCIAL SERVICES LAW; 11 (II) A PARENT, OTHER PERSON LEGALLY RESPONSIBLE FOR CARE OF THE CHILD 12 AS DEFINED IN THE FAMILY COURT ACT, OR A PERSON OR OFFICIAL ACTING IN A 13 PROFESSIONAL CAPACITY REQUIRED TO REPORT SEXUAL ABUSE OF A CHILD PURSU- 14 ANT TO SECTION FOUR HUNDRED THIRTEEN OF THE SOCIAL SERVICES LAW HAS 15 REASONABLE CAUSE TO SUSPECT THAT THE CHILD HAS BEEN OR MAY HAVE BEEN 16 SEXUALLY ABUSED; 17 (III) A CHILD PROTECTIVE AGENCY, AS DEFINED IN SECTION ONE THOUSAND 18 TWELVE OF THE FAMILY COURT ACT, HAS REASONABLE CAUSE TO BELIEVE THAT A 19 CHILD IN ITS CUSTODY HAS BEEN OR MAY HAVE BEEN SEXUALLY ABUSED; OR 20 (IV) A COURT ORDER DIRECTS A MEDICAL ASSESSMENT OF A CHILD. 21 S 6. Subsection (k) of section 3221 of the insurance law is amended by 22 adding a new paragraph 16 to read as follows: 23 (16) (A) EVERY INSURER DELIVERING A GROUP OR BLANKET POLICY OR ISSUING 24 A GROUP OR BLANKET POLICY FOR DELIVERY IN THIS STATE WHICH PROVIDES 25 COVERAGE FOR HOSPITAL, SURGICAL, OR MEDICAL CARE SHALL PROVIDE THE 26 FOLLOWING COVERAGE FOR CHILD SEXUAL ABUSE PURSUANT TO THIS PARAGRAPH. 27 (B) FOR THE PURPOSES OF THIS PARAGRAPH, THE FOLLOWING TERMS SHALL HAVE 28 THE FOLLOWING MEANINGS: 29 (I) "CHILD ABUSE MEDICAL PROVIDER" MEANS A PHYSICIAN LICENSED UNDER 30 ARTICLE ONE HUNDRED THIRTY-ONE OF THE EDUCATION LAW, NURSE PRACTITIONER 31 CERTIFIED UNDER SECTION SIXTY-NINE HUNDRED TEN OF THE EDUCATION LAW, OR 32 PHYSICIAN ASSISTANT OR SPECIALIST ASSISTANT LICENSED UNDER ARTICLE ONE 33 HUNDRED THIRTY-ONE-B OF THE EDUCATION LAW TO PRACTICE IN THE STATE OF 34 NEW YORK WHO HAS COMPLETED A CHILD ABUSE MEDICAL PROVIDER EDUCATION 35 PROGRAM AND PROVIDES MEDICAL ASSESSMENT AND SERVICES TO CHILDREN, WHO 36 HAVE BEEN OR MAY HAVE BEEN SEXUALLY ABUSED, AT A CHILD ADVOCACY CENTER. 37 (II) "CHILD ABUSE MEDICAL PROVIDER EDUCATION PROGRAM" MEANS A PROGRAM 38 OF EDUCATION DEVELOPED AND IMPLEMENTED OR APPROVED BY THE DEPARTMENT OF 39 HEALTH, IN CONSULTATION WITH THE OFFICE OF CHILDREN AND FAMILY SERVICES, 40 SPECIFICALLY TO TRAIN PHYSICIANS, NURSE PRACTITIONERS, AND PHYSICIAN AND 41 SPECIALIST ASSISTANTS LICENSED TO PRACTICE PURSUANT TO TITLE EIGHT OF 42 THE EDUCATION LAW ABOUT EVALUATION, DIAGNOSIS, AND TREATMENT OF ABUSED 43 AND MALTREATED CHILDREN. 44 (III) "CHILD ADVOCACY CENTER" MEANS A LOCAL OR REGIONAL MULTIDISCIPLI- 45 NARY TEAM FULLY ACCREDITED BY THE NATIONAL CHILDREN'S ALLIANCE AND 46 APPROVED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES FOR THE PURPOSE 47 OF INVESTIGATING REPORTS OF SUSPECTED CHILD ABUSE OR MALTREATMENT. 48 (IV) "CHILD SEXUAL ABUSE" MEANS ANY OF THE OFFENSES DESCRIBED IN ARTI- 49 CLE ONE HUNDRED THIRTY, TWO HUNDRED THIRTY, OR TWO HUNDRED SIXTY-THREE 50 OF THE PENAL LAW WHEN COMMITTED AGAINST A PERSON LESS THAN EIGHTEEN 51 YEARS OF AGE. 52 (V) "MEDICAL ASSESSMENT" MEANS THE EVALUATION, DIAGNOSIS, AND TREAT- 53 MENT OF A CHILD BY A CHILD ABUSE MEDICAL PROVIDER, WHICH INCLUDES BUT IS 54 NOT LIMITED TO A THOROUGH MEDICAL HISTORY AND COMPLETE PHYSICAL AND 55 MENTAL HEALTH EXAMINATION TO DETERMINE WHETHER OR NOT A CHILD HAS BEEN 56 SEXUALLY ABUSED, DIAGNOSE AND TREAT THE CHILD, AND IDENTIFY APPROPRIATE A. 382--A 5 1 FOLLOW-UP FOR THE CHILD PURSUANT TO A PROTOCOL APPROVED BY THE DEPART- 2 MENT OF HEALTH IN CONSULTATION WITH THE OFFICE OF CHILDREN AND FAMILY 3 SERVICES. 4 (C) NO POLICY SHALL DENY TO A CHILD WHO HAS BEEN OR MAY HAVE BEEN 5 SEXUALLY ABUSED DIRECT ACCESS TO A CHILD ABUSE MEDICAL PROVIDER AT A 6 CHILD ADVOCACY CENTER FOR A MEDICAL ASSESSMENT OR LIMIT SUCH ACCESS 7 WHEN: 8 (I) A CHILD DISCLOSES SEXUAL ABUSE TO A PARENT, OTHER PERSON LEGALLY 9 RESPONSIBLE FOR THE CARE OF THE CHILD AS DEFINED BY THE FAMILY COURT 10 ACT, OR A PERSON OR OFFICIAL REQUIRED TO REPORT SEXUAL ABUSE OF A CHILD 11 PURSUANT TO SECTION FOUR HUNDRED THIRTEEN OF THE SOCIAL SERVICES LAW; 12 (II) A PARENT, OTHER PERSON LEGALLY RESPONSIBLE FOR CARE OF THE CHILD 13 AS DEFINED IN THE FAMILY COURT ACT, OR A PERSON OR OFFICIAL ACTING IN A 14 PROFESSIONAL CAPACITY REQUIRED TO REPORT SEXUAL ABUSE OF A CHILD PURSU- 15 ANT TO SECTION FOUR HUNDRED THIRTEEN OF THE SOCIAL SERVICES LAW HAS 16 REASONABLE CAUSE TO SUSPECT THAT THE CHILD HAS BEEN OR MAY HAVE BEEN 17 SEXUALLY ABUSED; 18 (III) A CHILD PROTECTIVE AGENCY, AS DEFINED IN SECTION ONE THOUSAND 19 TWELVE OF THE FAMILY COURT ACT, HAS REASONABLE CAUSE TO BELIEVE THAT A 20 CHILD IN ITS CUSTODY HAS BEEN OR MAY HAVE BEEN SEXUALLY ABUSED; OR 21 (IV) A COURT ORDER DIRECTS A MEDICAL ASSESSMENT OF A CHILD. 22 S 7. Section 4303 of the insurance law is amended by adding a new 23 subsection (gg) to read as follows: 24 (GG) (1) A MEDICAL EXPENSE INDEMNITY CORPORATION, A HOSPITAL SERVICE 25 CORPORATION OR A HEALTH SERVICE CORPORATION WHICH PROVIDES COVERAGE FOR 26 HOSPITAL, SURGICAL, OR MEDICAL CARE SHALL PROVIDE THE FOLLOWING COVERAGE 27 FOR CHILD SEXUAL ABUSE. 28 (2) FOR THE PURPOSES OF THIS SUBSECTION THE FOLLOWING TERMS SHALL HAVE 29 THE FOLLOWING MEANINGS: 30 (A) "CHILD ABUSE MEDICAL PROVIDER" MEANS A PHYSICIAN LICENSED UNDER 31 ARTICLE ONE HUNDRED THIRTY-ONE OF THE EDUCATION LAW, NURSE PRACTITIONER 32 CERTIFIED UNDER SECTION SIXTY-NINE HUNDRED TEN OF THE EDUCATION LAW, OR 33 PHYSICIAN ASSISTANT OR SPECIALIST ASSISTANT LICENSED UNDER ARTICLE ONE 34 HUNDRED THIRTY-ONE-B OF THE EDUCATION LAW TO PRACTICE IN THE STATE OF 35 NEW YORK WHO HAS COMPLETED A CHILD ABUSE MEDICAL PROVIDER EDUCATION 36 PROGRAM AND PROVIDES MEDICAL ASSESSMENT AND SERVICES TO CHILDREN, WHO 37 HAVE BEEN OR MAY HAVE BEEN SEXUALLY ABUSED, AT A CHILD ADVOCACY CENTER. 38 (B) "CHILD ABUSE MEDICAL PROVIDER EDUCATION PROGRAM" MEANS A PROGRAM 39 OF EDUCATION DEVELOPED AND IMPLEMENTED OR APPROVED BY THE DEPARTMENT OF 40 HEALTH, IN CONSULTATION WITH THE OFFICE OF CHILDREN AND FAMILY SERVICES, 41 SPECIFICALLY TO TRAIN PHYSICIANS, NURSE PRACTITIONERS, AND PHYSICIAN AND 42 SPECIALIST ASSISTANTS LICENSED TO PRACTICE PURSUANT TO TITLE EIGHT OF 43 THE EDUCATION LAW ABOUT EVALUATION, DIAGNOSIS, AND TREATMENT OF ABUSED 44 AND MALTREATED CHILDREN. 45 (C) "CHILD ADVOCACY CENTER" MEANS A LOCAL OR REGIONAL MULTIDISCIPLI- 46 NARY TEAM FULLY ACCREDITED BY THE NATIONAL CHILDREN'S ALLIANCE AND 47 APPROVED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES FOR THE PURPOSE 48 OF INVESTIGATING REPORTS OF SUSPECTED CHILD ABUSE OR MALTREATMENT. 49 (D) "CHILD SEXUAL ABUSE" MEANS ANY OF THE OFFENSES DESCRIBED IN ARTI- 50 CLE ONE HUNDRED THIRTY, TWO HUNDRED THIRTY, OR TWO HUNDRED SIXTY-THREE 51 OF THE PENAL LAW WHEN COMMITTED AGAINST A PERSON LESS THAN EIGHTEEN 52 YEARS OF AGE. 53 (E) "MEDICAL ASSESSMENT" MEANS THE EVALUATION, DIAGNOSIS, AND TREAT- 54 MENT OF A CHILD BY A CHILD ABUSE MEDICAL PROVIDER, WHICH INCLUDES BUT IS 55 NOT LIMITED TO A THOROUGH MEDICAL HISTORY AND COMPLETE PHYSICAL AND 56 MENTAL HEALTH EXAMINATION TO DETERMINE WHETHER OR NOT A CHILD HAS BEEN A. 382--A 6 1 SEXUALLY ABUSED, DIAGNOSE AND TREAT THE CHILD, AND IDENTIFY APPROPRIATE 2 FOLLOW-UP FOR THE CHILD PURSUANT TO A PROTOCOL APPROVED BY THE DEPART- 3 MENT OF HEALTH IN CONSULTATION WITH THE OFFICE OF CHILDREN AND FAMILY 4 SERVICES. 5 (3) NO POLICY SHALL DENY TO A CHILD WHO HAS BEEN OR MAY HAVE BEEN 6 SEXUALLY ABUSED DIRECT ACCESS TO A CHILD ABUSE MEDICAL PROVIDER AT A 7 CHILD ADVOCACY CENTER FOR A MEDICAL ASSESSMENT OR LIMIT SUCH ACCESS 8 WHEN: 9 (I) A CHILD DISCLOSES SEXUAL ABUSE TO A PARENT, OTHER PERSON LEGALLY 10 RESPONSIBLE FOR THE CARE OF THE CHILD AS DEFINED BY THE FAMILY COURT 11 ACT, OR A PERSON OR OFFICIAL REQUIRED TO REPORT SEXUAL ABUSE OF A CHILD 12 PURSUANT TO SECTION FOUR HUNDRED THIRTEEN OF THE SOCIAL SERVICES LAW; 13 (II) A PARENT, OTHER PERSON LEGALLY RESPONSIBLE FOR CARE OF THE CHILD 14 AS DEFINED IN THE FAMILY COURT ACT, OR A PERSON OR OFFICIAL ACTING IN A 15 PROFESSIONAL CAPACITY REQUIRED TO REPORT SEXUAL ABUSE OF A CHILD PURSU- 16 ANT TO SECTION FOUR HUNDRED THIRTEEN OF THE SOCIAL SERVICES LAW HAS 17 REASONABLE CAUSE TO SUSPECT THAT THE CHILD HAS BEEN OR MAY HAVE BEEN 18 SEXUALLY ABUSED; 19 (III) A CHILD PROTECTIVE AGENCY, AS DEFINED IN SECTION ONE THOUSAND 20 TWELVE OF THE FAMILY COURT ACT, HAS REASONABLE CAUSE TO BELIEVE THAT A 21 CHILD IN ITS CUSTODY HAS BEEN OR MAY HAVE BEEN SEXUALLY ABUSED; OR 22 (IV) A COURT ORDER DIRECTS A MEDICAL ASSESSMENT OF A CHILD. 23 S 8. Paragraphs 16 and 17 of subsection (a) of section 3217-a of the 24 insurance law, as added by chapter 705 of the laws of 1996, are amended 25 and a new paragraph 18 is added to read as follows: 26 (16) notice of all appropriate mailing addresses and telephone numbers 27 to be utilized by insureds seeking information or authorization; [and] 28 (17) where applicable, a listing by specialty, which may be in a sepa- 29 rate document that is updated annually, of the name, address, and tele- 30 phone number of all participating providers, including facilities, and 31 in addition, in the case of physicians, board certification[.]; AND 32 (18) WHERE APPLICABLE, NOTICE OF THE PROVISIONS OF PARAGRAPH 33 TWENTY-SEVEN OF SUBSECTION (I) OF SECTION THREE THOUSAND TWO HUNDRED 34 SIXTEEN AND PARAGRAPH SIXTEEN OF SUBSECTION (K) OF SECTION THREE THOU- 35 SAND TWO HUNDRED TWENTY-ONE OF THIS ARTICLE AND OF METHODS OF ENSURING 36 THAT A CHILD COVERED UNDER THE POLICY WHO HAS BEEN OR MAY HAVE BEEN 37 SEXUALLY ABUSED HAS DIRECT ACCESS TO CHILD ABUSE MEDICAL PROVIDERS AT 38 CHILD ADVOCACY CENTERS. 39 S 9. Paragraphs 17 and 18 of subsection (a) of section 4324 of the 40 insurance law, as added by chapter 705 of the laws of 1996, are amended 41 and a new paragraph 19 is added to read as follows: 42 (17) where applicable, a listing by specialty, which may be in a sepa- 43 rate document that is updated annually, of the name, address, and tele- 44 phone number of all participating providers, including facilities, and 45 in addition, in the case of physicians, board certification; [and] 46 (18) a description of the mechanisms by which subscribers may partic- 47 ipate in the development of the policies of the corporation[.]; AND 48 (19) WHERE APPLICABLE, NOTICE OF THE PROVISIONS OF SUBSECTION (GG) OF 49 SECTION FOUR THOUSAND THREE HUNDRED THREE OF THIS ARTICLE AND OF METHODS 50 OF ENSURING THAT A CHILD COVERED UNDER THE POLICY WHO HAS BEEN OR MAY 51 HAVE BEEN SEXUALLY ABUSED HAS DIRECT ACCESS TO CHILD ABUSE MEDICAL 52 PROVIDERS AT CHILD ADVOCACY CENTERS. 53 S 10. Subdivision 1 of section 364-j of the social services law is 54 amended by adding five new paragraphs (z), (aa), (bb), (cc) and (dd) to 55 read as follows: A. 382--A 7 1 (Z) "CHILD ABUSE MEDICAL PROVIDER". A PHYSICIAN LICENSED UNDER ARTICLE 2 ONE HUNDRED THIRTY-ONE OF THE EDUCATION LAW, NURSE PRACTITIONER CERTI- 3 FIED UNDER SECTION SIXTY-NINE HUNDRED TEN OF THE EDUCATION LAW, OR 4 PHYSICIAN ASSISTANT OR SPECIALIST ASSISTANT LICENSED UNDER ARTICLE ONE 5 HUNDRED THIRTY-ONE-B OF THE EDUCATION LAW TO PRACTICE IN THE STATE OF 6 NEW YORK WHO HAS COMPLETED A CHILD ABUSE MEDICAL PROVIDER EDUCATION 7 PROGRAM AND PROVIDES MEDICAL ASSESSMENT AND SERVICES TO CHILDREN, WHO 8 HAVE BEEN OR MAY HAVE BEEN SEXUALLY ABUSED, AT A CHILD ADVOCACY CENTER. 9 (AA) "CHILD ABUSE MEDICAL PROVIDER EDUCATION PROGRAM". A PROGRAM OF 10 EDUCATION DEVELOPED AND IMPLEMENTED OR APPROVED BY THE DEPARTMENT OF 11 HEALTH, IN CONSULTATION WITH THE OFFICE OF CHILDREN AND FAMILY SERVICES, 12 SPECIFICALLY TO TRAIN PHYSICIANS, NURSE PRACTITIONERS, AND PHYSICIAN AND 13 SPECIALIST ASSISTANTS LICENSED TO PRACTICE PURSUANT TO TITLE EIGHT OF 14 THE EDUCATION LAW ABOUT EVALUATION, DIAGNOSIS, AND TREATMENT OF ABUSED 15 AND MALTREATED CHILDREN. 16 (BB) "CHILD ADVOCACY CENTER". A LOCAL OR REGIONAL MULTIDISCIPLINARY 17 TEAM FULLY ACCREDITED BY THE NATIONAL CHILDREN'S ALLIANCE AND APPROVED 18 BY THE OFFICE OF CHILDREN AND FAMILY SERVICES FOR THE PURPOSE OF INVES- 19 TIGATING REPORTS OF SUSPECTED CHILD ABUSE OR MALTREATMENT. 20 (CC) "CHILD SEXUAL ABUSE". ANY OF THE OFFENSES DESCRIBED IN ARTICLE 21 ONE HUNDRED THIRTY, TWO HUNDRED THIRTY OR TWO HUNDRED SIXTY-THREE OF THE 22 PENAL LAW WHEN COMMITTED AGAINST A PERSON LESS THAN EIGHTEEN YEARS OF 23 AGE. 24 (DD) "MEDICAL ASSESSMENT". THE EVALUATION, DIAGNOSIS, AND TREATMENT OF 25 A CHILD BY A CHILD ABUSE MEDICAL PROVIDER, WHICH INCLUDES BUT IS NOT 26 LIMITED TO A THOROUGH MEDICAL HISTORY AND COMPLETE PHYSICAL AND MENTAL 27 HEALTH EXAMINATION TO DETERMINE WHETHER OR NOT A CHILD HAS BEEN SEXUALLY 28 ABUSED, DIAGNOSE AND TREAT THE CHILD, AND IDENTIFY APPROPRIATE FOLLOW-UP 29 FOR THE CHILD PURSUANT TO A PROTOCOL APPROVED BY THE DEPARTMENT OF 30 HEALTH IN CONSULTATION WITH THE OFFICE OF CHILDREN AND FAMILY SERVICES. 31 S 11. Subparagraphs (ix) and (x) of paragraph (e) of subdivision 3 of 32 section 364-j of the social services law, as amended by chapter 648 of 33 the laws of 1999, are amended and a new paragraph (xi) is added to read 34 as follows: 35 (ix) HIV COBRA case management; [and] 36 (x) other services as determined by the commissioner of health[.]; AND 37 (XI) MEDICAL ASSESSMENT OF A CHILD WHO HAS BEEN OR MAY HAVE BEEN SEXU- 38 ALLY ABUSED, WHICH ASSESSMENT SHALL INSTEAD BE REFERRED IMMEDIATELY AND 39 DIRECTLY TO A CHILD ABUSE MEDICAL PROVIDER AT A CHILD ADVOCACY CENTER. 40 S 12. Subparagraphs (ii) and (iii) of paragraph (a) of subdivision 4 41 of section 364-j of the social services law, as amended by section 14 of 42 part C of chapter 58 of the laws of 2004, are amended and a new subpara- 43 graph (iv) is added to read as follows: 44 (ii) provided, however, if a major public hospital, as defined in the 45 public health law, is designated by the commissioner of health as a 46 managed care provider in a social services district the commissioner of 47 health shall designate at least one other managed care provider which is 48 not a major public hospital or facility operated by a major public 49 hospital; [and] 50 (iii) under a managed care program, not all managed care providers 51 must be required to provide the same set of medical assistance services. 52 The managed care program shall establish procedures through which 53 participants will be assured access to all medical assistance services 54 to which they are otherwise entitled, other than through the managed 55 care provider, where: A. 382--A 8 1 (A) the service is not reasonably available directly or indirectly 2 from the managed care provider, 3 (B) it is necessary because of emergency or geographic unavailability, 4 or 5 (C) the services provided are family planning services; or 6 (D) the services are dental services and are provided by a diagnostic 7 and treatment center licensed under article twenty-eight of the public 8 health law which is affiliated with an academic dental center and which 9 has been granted an operating certificate pursuant to article twenty- 10 eight of the public health law to provide such dental services. Any 11 diagnostic and treatment center providing dental services pursuant to 12 this clause shall prior to June first of each year report to the gover- 13 nor, temporary president of the senate and speaker of the assembly on 14 the following: the total number of visits made by medical assistance 15 recipients during the immediately preceding calendar year; the number of 16 visits made by medical assistance recipients during the immediately 17 preceding calendar year by recipients who were enrolled in managed care 18 programs; the number of visits made by medical assistance recipients 19 during the immediately preceding calendar year by recipients who were 20 enrolled in managed care programs that provide dental benefits as a 21 covered service; and the number of visits made by the uninsured during 22 the immediately preceding calendar year; or 23 (E) other services as defined by the commissioner of health[.]; AND 24 (IV) MEDICAL ASSESSMENT OF A CHILD WHO HAS BEEN OR MAY HAVE BEEN SEXU- 25 ALLY ABUSED SHALL BE REFERRED IMMEDIATELY AND DIRECTLY TO A CHILD ABUSE 26 MEDICAL PROVIDER AT A CHILD ADVOCACY CENTER. 27 S 13. The social services law is amended by adding a new section 368-g 28 to read as follows: 29 S 368-G. REIMBURSEMENT FOR CHILD SEXUAL ABUSE MEDICAL ASSESSMENT. 1. 30 FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE 31 FOLLOWING MEANINGS: 32 (A) "CHILD ABUSE MEDICAL PROVIDER" MEANS A PHYSICIAN LICENSED UNDER 33 ARTICLE ONE HUNDRED THIRTY-ONE OF THE EDUCATION LAW, NURSE PRACTITIONER 34 CERTIFIED UNDER SECTION SIXTY-NINE HUNDRED TEN OF THE EDUCATION LAW, OR 35 PHYSICIAN ASSISTANT OR SPECIALIST ASSISTANT LICENSED UNDER ARTICLE ONE 36 HUNDRED THIRTY-ONE-B OF THE EDUCATION LAW TO PRACTICE IN THE STATE OF 37 NEW YORK WHO HAS COMPLETED A CHILD ABUSE MEDICAL PROVIDER EDUCATION 38 PROGRAM AND PROVIDES MEDICAL ASSESSMENT AND SERVICES TO CHILDREN WHO 39 HAVE BEEN OR MAY HAVE BEEN SEXUALLY ABUSED AT A CHILD ADVOCACY CENTER. 40 (B) "CHILD ABUSE MEDICAL PROVIDER EDUCATION PROGRAM" MEANS A PROGRAM 41 OF EDUCATION DEVELOPED AND IMPLEMENTED OR APPROVED BY THE DEPARTMENT OF 42 HEALTH, IN CONSULTATION WITH THE OFFICE OF CHILDREN AND FAMILY SERVICES, 43 SPECIFICALLY TO TRAIN PHYSICIANS, NURSE PRACTITIONERS, AND PHYSICIAN AND 44 SPECIALIST ASSISTANTS LICENSED TO PRACTICE PURSUANT TO TITLE EIGHT OF 45 THE EDUCATION LAW ABOUT EVALUATION, DIAGNOSIS, AND TREATMENT OF ABUSED 46 AND MALTREATED CHILDREN. 47 (C) "CHILD ADVOCACY CENTER" MEANS A LOCAL OR REGIONAL MULTIDISCIPLI- 48 NARY TEAM FULLY ACCREDITED BY THE NATIONAL CHILDREN'S ALLIANCE AND 49 APPROVED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES FOR THE PURPOSE 50 OF INVESTIGATING REPORTS OF SUSPECTED CHILD ABUSE OR MALTREATMENT. 51 (D) "CHILD SEXUAL ABUSE" MEANS ANY OF THE OFFENSES DESCRIBED IN ARTI- 52 CLE ONE HUNDRED THIRTY, TWO HUNDRED THIRTY, AND TWO HUNDRED SIXTY-THREE 53 OF THE PENAL LAW WHEN COMMITTED AGAINST A PERSON LESS THAN EIGHTEEN 54 YEARS OF AGE. 55 (E) "MEDICAL ASSESSMENT" MEANS THE EVALUATION, DIAGNOSIS, AND TREAT- 56 MENT OF A CHILD BY A CHILD ABUSE MEDICAL PROVIDER, WHICH INCLUDES BUT IS A. 382--A 9 1 NOT LIMITED TO A THOROUGH MEDICAL HISTORY AND COMPLETE PHYSICAL AND 2 MENTAL HEALTH EXAMINATION TO DETERMINE WHETHER OR NOT A CHILD HAS BEEN 3 SEXUALLY ABUSED, DIAGNOSE AND TREAT THE CHILD, AND IDENTIFY APPROPRIATE 4 FOLLOW-UP FOR THE CHILD PURSUANT TO A PROTOCOL APPROVED BY THE DEPART- 5 MENT OF HEALTH IN CONSULTATION WITH THE OFFICE OF CHILDREN AND FAMILY 6 SERVICES. 7 2. A SOCIAL SERVICES DISTRICT SHALL REIMBURSE A CHILD ABUSE MEDICAL 8 PROVIDER AT A CHILD CARE CENTER ELIGIBLE FOR FUNDING AS A COMPREHENSIVE 9 HEALTH SERVICES PROGRAM AT THE MAXIMUM REIMBURSEMENT THAT THE DEPARTMENT 10 OF HEALTH MAY PAY FOR PROVIDING OR ARRANGING FOR MEDICAL ASSESSMENT OF A 11 CHILD WHO HAS BEEN OR MAY HAVE BEEN SEXUALLY ABUSED IN ACCORDANCE WITH 12 THE FEDERAL SOCIAL SECURITY ACT AND REGULATIONS PROMULGATED THEREUNDER. 13 3. CHILD ADVOCACY CENTERS THAT ARE NOT ELIGIBLE FOR FUNDING AS COMPRE- 14 HENSIVE HEALTH SERVICES PROGRAMS SHALL BE RESPONSIBLE FOR PROVIDING 15 MEDICAL ASSESSMENTS AND SERVICES TO CHILDREN WHO HAVE BEEN OR MAY HAVE 16 BEEN SEXUALLY ABUSED PURSUANT TO A PROTOCOL APPROVED BY THE DEPARTMENT 17 OF HEALTH IN CONSULTATION WITH THE OFFICE OF CHILDREN AND FAMILY 18 SERVICES, WHICH SHALL INCLUDE BUT NOT BE LIMITED TO: 19 (A) MEDICAL EVALUATION, DIAGNOSIS, AND TREATMENT OF THE CHILD BY A 20 CHILD ABUSE MEDICAL PROVIDER, WHICH INCLUDES BUT IS NOT LIMITED TO A 21 THOROUGH MEDICAL HISTORY AND COMPLETE PHYSICAL EXAMINATION TO DETERMINE 22 WHETHER OR NOT A CHILD HAS BEEN SEXUALLY ABUSED; 23 (B) DIAGNOSIS AND TREATMENT OF THE CHILD; 24 (C) IDENTIFICATION OF APPROPRIATE FOLLOW-UP FOR THE CHILD; AND 25 (D) COORDINATION OF THE MEDICAL ASSESSMENT WITH A MULTIDISCIPLINARY 26 INVESTIGATION AND FOLLOW-UP OF SUCH CHILD. 27 4. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE PER UNIT RATE OF 28 PAYMENT FOR MEDICAL ASSESSMENT AND SERVICES FURNISHED BY THE CHILD ADVO- 29 CACY CENTERS TO CHILDREN WHO HAVE BEEN OR MAY HAVE BEEN SEXUALLY ABUSED 30 AND WHO ARE ELIGIBLE FOR PAYMENTS MADE BY STATE GOVERNMENTAL AGENCIES 31 SHALL BE INCREASED TO AN AMOUNT EQUAL TO ONE HUNDRED TWENTY DOLLARS PER 32 UNIT. 33 S 14. This act shall take effect on the one hundred twentieth day 34 after it shall have become a law; provided that the departments of 35 health, insurance and family assistance are authorized to promulgate any 36 and all rules and regulations and take any other measures necessary to 37 implement this act on its effective date on or before such date; and 38 provided further that the amendments to subdivisions 1, 3 and 4 of 39 section 364-j of the social services law made by sections ten, eleven 40 and twelve of this act shall not affect the repeal of such section and 41 shall be deemed repealed therewith.