Bill Text: NY A00669 | 2011-2012 | General Assembly | Introduced
Bill Title: Requires financial assistance from the office of victim services for HIV post-exposure prophylaxis treatment for victims of sexual assault.
Spectrum: Moderate Partisan Bill (Democrat 38-9)
Status: (Passed) 2012-05-31 - signed chap.39 [A00669 Detail]
Download: New_York-2011-A00669-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
669
2011-2012 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 5, 2011
___________
Introduced by M. of A. JAFFEE, SCHIMEL, KOLB, BENEDETTO, SPANO, CALHOUN,
CAHILL, ZEBROWSKI, GUNTHER, JEFFRIES, PAULIN, SWEENEY, GOTTFRIED,
MAISEL, FINCH, O'DONNELL, MARKEY, N. RIVERA, ROSENTHAL -- Multi-Spon-
sored by -- M. of A. CLARK, COLTON, CROUCH, GALEF, HOOPER, JACOBS,
KELLNER, LATIMER, P. LOPEZ, LUPARDO, MAGNARELLI, McDONOUGH, McENENY,
PHEFFER, ROBINSON, SCARBOROUGH, WEISENBERG -- read once and referred
to the Committee on Health
AN ACT to amend the public health law and the executive law, in relation
to financial assistance from the crime victims board for post-exposure
prophylaxis treatment for victims of sexual assault
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Paragraph (c) of subdivision 1 of section 2805-i of the
2 public health law, as amended by section 39 of part A-1 of chapter 56 of
3 the laws of 2010, is amended to read as follows:
4 (c) offering and making available appropriate HIV post-exposure treat-
5 ment therapies in cases where it has been determined, in accordance with
6 guidelines issued by the commissioner, that a significant exposure to
7 HIV has occurred, and informing the victim that payment assistance for
8 such therapies [may be] IS available from the office of victim services
9 pursuant to the provisions of article twenty-two of the executive law;
10 PROVIDED, HOWEVER, THAT A FORENSIC RAPE EXAMINATION SHALL INCLUDE A NINE
11 DAY STARTER PACK TO BE PROVIDED BY THE HOSPITAL EMERGENCY ROOM AT THE
12 TIME OF THE FORENSIC RAPE EXAMINATION. THE HOSPITAL EMERGENCY ROOM SHALL
13 DETERMINE WHICH CLINIC WITHIN THE HOSPITAL OR IF MORE CONVENIENT FOR THE
14 VICTIM, ANOTHER HOSPITAL OR CLINIC, WHERE FOLLOW-UP CARE SHALL BE
15 PROVIDED. IN RURAL COUNTIES PURSUANT TO SUBDIVISION TWELVE OF SECTION
16 TWO HUNDRED THIRTY-EIGHT OF THIS CHAPTER, WHERE HOSPITALS DO NOT HAVE
17 THE APPROPRIATE FACILITY TO ACCOMMODATE FOLLOW-UP CARE, THE HOSPITAL
18 EMERGENCY ROOM DEPARTMENT SHALL REFER THE VICTIM TO THE COUNTY DEPART-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03995-01-1
A. 669 2
1 MENT OF HEALTH, WHICH, IN TURN SHALL PROVIDE REFERRAL SERVICES FOR SUCH
2 FOLLOW-UP CARE. THE HOSPITALS, CLINICS, AND RURAL COUNTY HEALTH DEPART-
3 MENTS AS REFERENCED ABOVE ARE THE BILLING ENTITIES.
4 S 2. Subdivision 13 of section 631 of the executive law, as amended by
5 section 22 of part A-1 of chapter 56 of the laws of 2010, is amended and
6 a new subdivision 13-a is added to read as follows:
7 13. Notwithstanding any other provision of law, rule, or regulation to
8 the contrary, when any New York state accredited hospital, accredited
9 sexual assault examiner program, or licensed health care provider
10 furnishes services to any sexual assault survivor, including but not
11 limited to a health care forensic examination in accordance with the sex
12 offense evidence collection protocol and standards established by the
13 department of health, such hospital, sexual assault examiner program, or
14 licensed healthcare provider shall provide such services to the person
15 without charge and shall bill the office directly. The office, in
16 consultation with the department of health, shall define the specific
17 services to be covered by the sexual assault forensic exam reimbursement
18 fee, which must include at a minimum forensic examiner services, hospi-
19 tal or healthcare facility services related to the exam, and related
20 laboratory tests and pharmaceuticals. [Follow-up HIV post-exposure
21 prophylaxis costs shall continue to be reimbursed according to estab-
22 lished office procedure. The office, in consultation with the department
23 of health, shall also generate the necessary regulations and forms for
24 the direct reimbursement procedure.] The rate for reimbursement shall be
25 the amount of itemized charges not exceeding eight hundred dollars, to
26 be reviewed and adjusted annually by the office in consultation with the
27 department of health. The hospital, sexual assault examiner program, or
28 licensed health care provider must accept this fee as payment in full
29 for these specified services. No additional billing of the survivor for
30 said services is permissible. A sexual assault survivor may voluntarily
31 assign any private insurance benefits to which she or he is entitled for
32 the healthcare forensic examination, in which case the hospital or
33 healthcare provider may not charge the office. A hospital, sexual
34 assault examiner program or licensed health care provider shall, at the
35 time of the initial visit, request assignment of any private health
36 insurance benefits to which the sexual assault survivor is entitled on a
37 form prescribed by the office; provided, however, such sexual assault
38 survivor shall be advised orally and in writing that he or she may
39 decline to provide such information regarding private health insurance
40 benefits if he or she believes that the provision of such information
41 would substantially interfere with his or her personal privacy or safety
42 and in such event, the sexual assault forensic exam fee shall be paid by
43 the office. [Such sexual assault survivor shall also be advised that
44 providing such information may provide additional resources to pay for
45 services to other sexual assault victims.] If he or she declines to
46 provide such health insurance information, he or she shall indicate such
47 decision on the form provided by the hospital, sexual assault examiner
48 program or licensed health care provider, which form shall be prescribed
49 by the office.
50 13-A. NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW, RULE, OR REGULATION
51 TO THE CONTRARY, WHEN ANY BILLING ENTITY PROVIDES PROPHYLACTIC TREATMENT
52 FOR SIGNIFICANT POSSIBLE EXPOSURE TO HIV TO A VICTIM OF SEXUAL ASSAULT
53 AS PRESCRIBED BY A LICENSED HEALTHCARE PROVIDER, SUCH TREATMENT SHALL BE
54 PROVIDED TO THE PERSON WITHOUT CHARGE AND THE PHARMACY SHALL BILL THE
55 BOARD DIRECTLY. THE BOARD, IN CONSULTATION WITH THE DEPARTMENT OF
56 HEALTH, SHALL GENERATE THE NECESSARY REGULATIONS AND FORMS FOR THE
A. 669 3
1 DIRECT REIMBURSEMENT PROCEDURE. THE RATE FOR REIMBURSEMENT SHALL BE
2 ESTABLISHED AND REVIEWED AND ADJUSTED AT LEAST ANNUALLY BY THE BOARD IN
3 CONSULTATION WITH THE DEPARTMENT OF HEALTH. THE BILLING ENTITY MUST
4 ACCEPT THIS FEE AS PAYMENT IN FULL FOR THE SPECIFIED POST-EXPOSURE
5 PROPHYLACTIC TREATMENT THERAPIES. NO ADDITIONAL BILLING OF THE SURVIVOR
6 FOR SAID MEDICATIONS IS PERMISSIBLE. A SEXUAL ASSAULT SURVIVOR MAY
7 VOLUNTARILY ASSIGN ANY PRIVATE INSURANCE BENEFITS TO WHICH SHE OR HE IS
8 ENTITLED FOR THE PROPHYLACTIC MEDICATIONS, IN WHICH CASE THE BILLING
9 ENTITY MAY NOT CHARGE THE BOARD. A BILLING ENTITY SHALL, AT THE TIME OF
10 THE INITIAL VISIT, REQUEST ASSIGNMENT OF ANY PRIVATE HEALTH INSURANCE
11 BENEFITS TO WHICH THE SEXUAL ASSAULT SURVIVOR IS ENTITLED ON A FORM
12 PRESCRIBED BY THE BOARD; PROVIDED, HOWEVER, SUCH SEXUAL ASSAULT SURVIVOR
13 SHALL BE ADVISED ORALLY AND IN WRITING THAT HE OR SHE MAY DECLINE TO
14 PROVIDE SUCH INFORMATION REGARDING PRIVATE HEALTH INSURANCE BENEFITS IF
15 HE OR SHE BELIEVES THAT THE PROVISION OF SUCH INFORMATION WOULD SUBSTAN-
16 TIALLY INTERFERE WITH HIS OR HER PERSONAL PRIVACY OR SAFETY AND, IN SUCH
17 EVENT, THE PROPHYLACTIC TREATMENT FEE SHALL BE PAID BY THE BOARD. IF HE
18 OR SHE DECLINES TO PROVIDE SUCH HEALTH INSURANCE INFORMATION, HE OR SHE
19 SHALL INDICATE SUCH DECISION ON THE FORM PROVIDED BY THE BILLING ENTITY,
20 WHICH FORM SHALL BE PRESCRIBED BY THE BOARD. THE NINE DAY STARTER PACK
21 PROVIDED TO THE VICTIM PURSUANT TO PARAGRAPH (C) OF SUBDIVISION ONE OF
22 SECTION TWENTY-EIGHT HUNDRED FIVE-I OF THE PUBLIC HEALTH LAW SHALL BE
23 CONSIDERED PART OF THE FORENSIC RAPE EXAMINATION AND BILLED ACCORDINGLY.
24 FOR THE REMAINING TWENTY-ONE DAYS OF TREATMENT, THE APPROPRIATE CLINIC
25 OR IN A RURAL AREA, THE COUNTY DEPARTMENT OF HEALTH, SHALL BILL THE
26 CRIME VICTIMS BOARD AND BE REIMBURSED BY SUCH BOARD. IF THE VICTIM IS
27 NOT SEEKING REIMBURSEMENT FROM THE BOARD, SUCH VICTIM CAN CHOOSE
28 FOLLOW-UP CARE BY ATTENDING THE APPROPRIATE CLINIC OR SEEKING A PROVIDER
29 OF HIS OR HER CHOICE.
30 S 3. Paragraph (b) of subdivision 2 of section 631-a of the executive
31 law, as amended by section 27 of part A-1 of chapter 56 of the laws of
32 2010, is amended to read as follows:
33 (b) These regulations shall also provide for services including, but
34 not limited to:
35 (i) assistance to claimants seeking crime victims compensation bene-
36 fits;
37 (ii) referrals, crisis intervention and other counseling services;
38 (iii) services to elderly victims and to child victims and their fami-
39 lies;
40 (iv) transportation and household assistance; and
41 (v) outreach to the community and education and training of law
42 enforcement and other criminal justice officials to the needs of crime
43 victims;
44 (VI) PROPHYLACTIC TREATMENT THERAPIES IN CASES WHERE IT HAS BEEN
45 DETERMINED THAT A SIGNIFICANT EXPOSURE TO HIV HAS OCCURRED; AND
46 (VII) IDENTIFYING HEALTH CARE PROVIDERS ACROSS THE STATE WHO CAN
47 PROVIDE FOLLOW-UP CARE FOR VICTIMS INCLUDING BUT NOT LIMITED TO HOW AND
48 WHERE TO ACCESS HIV POST-EXPOSURE PROPHYLAXIS.
49 S 4. This act shall take effect on the one hundred eightieth day after
50 it shall have become a law.
