Bill Text: NY A01204 | 2019-2020 | General Assembly | Amended

---

Bill Title: Relates to HIV post-exposure prophylaxis and other health care services for sexual assault victims.

Spectrum: Partisan Bill (Democrat 17-0)

Status: (Passed) 2019-12-18 - approval memo.59 [A01204 Detail]

Download: New_York-2019-A01204-Amended.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                         1204--A

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                    January 14, 2019
                                       ___________

        Introduced by M. of A. PEOPLES-STOKES, GOTTFRIED, MOSLEY, JAFFEE, GALEF,
          JEAN-PIERRE,  DE LA ROSA,  SIMOTAS,  WEPRIN,  BRONSON,  EPSTEIN, CRUZ,
          RODRIGUEZ, HEVESI -- Multi-Sponsored by -- M. of A. BRAUNSTEIN -- read
          once and referred to the Committee on Health -- reported and  referred
          to the Committee on Codes -- reported and referred to the Committee on
          Ways   and  Means  --  committee  discharged,  bill  amended,  ordered
          reprinted as amended and recommitted to said committee

        AN ACT to amend the public health law and the executive law, in relation
          to HIV post-exposure prophylaxis and other health  care  services  for
          sexual assault victims

          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 1 of  part HH of chapter 57 of
     3  the laws of 2018, is amended to read as follows:
     4    (c) offering and making available appropriate HIV post-exposure treat-
     5  ment therapies; including a [seven day starter pack] full regimen of HIV
     6  post-exposure  prophylaxis,  in  cases  where it has been determined, in
     7  accordance with guidelines issued by the commissioner,  that  a  signif-
     8  icant  exposure  to  HIV  has  occurred[,  and informing the victim that
     9  payment assistance for such therapies may be available from  the  office
    10  of  victim  services pursuant to the provisions of article twenty-two of
    11  the executive law]. With the consent of the victim of a sexual  assault,
    12  the  hospital  emergency room department shall provide or arrange for an
    13  appointment for medical follow-up related to HIV  post-exposure  prophy-
    14  laxis  and other care as appropriate, and inform the victim that payment
    15  assistance for such care may be available  from  the  office  of  victim
    16  services  pursuant to the provisions of article twenty-two of the execu-
    17  tive law; and

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04742-06-9
        A. 1204--A                          2

     1    § 2. Subdivision 13 of section 631 of the executive law, as amended by
     2  section 3 of part HH of chapter 57 of the laws of 2018,  is  amended  to
     3  read as follows:
     4    13. Notwithstanding any other provision of law, rule, or regulation to
     5  the  contrary,  when  any New York state accredited hospital, accredited
     6  sexual assault  examiner  program,  or  licensed  health  care  provider
     7  furnishes  services  to  any  sexual assault survivor, including but not
     8  limited to a health care forensic examination in accordance with the sex
     9  offense evidence collection protocol and standards  established  by  the
    10  department of health, such hospital, sexual assault examiner program, or
    11  licensed  healthcare  provider shall provide such services to the person
    12  without charge and shall  bill  the  office  directly.  The  office,  in
    13  consultation  with  the  department of health, shall define the specific
    14  services to be covered by the sexual assault forensic exam reimbursement
    15  fee, which must include at a minimum forensic examiner services,  hospi-
    16  tal  or  healthcare  facility  services related to the exam, and related
    17  laboratory tests and necessary pharmaceuticals; including but not limit-
    18  ed to HIV post-exposure prophylaxis provided  by  a  hospital  emergency
    19  room  at the time of the forensic rape examination pursuant to paragraph
    20  (c) of subdivision one of section twenty-eight  hundred  five-i  of  the
    21  public  health  law. Follow-up HIV post-exposure prophylaxis costs shall
    22  [continue to] be billed by  the  health  care  provider  to  the  office
    23  directly  and  reimbursed [according to established office procedure] by
    24  the office directly. The office, in consultation with the department  of
    25  health,  shall also generate the necessary regulations and forms for the
    26  direct reimbursement procedure. The rate for reimbursement shall be  the
    27  amount  of  itemized charges not exceeding eight hundred dollars, [to be
    28  reviewed and adjusted annually by the  office]  provided,  however,  the
    29  office  shall,  in  consultation with the department of health, annually
    30  review and determine if a higher rate  for  reimbursement  for  itemized
    31  charges  exceeding  eight  hundred  dollars  is feasible and appropriate
    32  based on the actual cost of reimbursable expenses, and adjust such  rate
    33  for  reimbursement  accordingly.   The hospital, sexual assault examiner
    34  program, or licensed health  care  provider  must  accept  this  fee  as
    35  payment  in  full for these specified services. No additional billing of
    36  the survivor for said services is permissible. A sexual assault survivor
    37  may voluntarily assign any private insurance benefits to which she or he
    38  is entitled for the healthcare forensic examination, in which  case  the
    39  hospital  or  healthcare  provider  may not charge the office; provided,
    40  however, in the event the sexual assault survivor  assigns  any  private
    41  health  insurance  benefit, such coverage shall not be subject to annual
    42  deductibles or coinsurance or balance billing by  the  hospital,  sexual
    43  assault  examiner  program or licensed health care provider. A hospital,
    44  sexual assault examiner program or licensed health care provider  shall,
    45  at  the  time  of  the  initial visit, request assignment of any private
    46  health insurance benefits to which the sexual assault survivor is  enti-
    47  tled  on a form prescribed by the office; provided, however, such sexual
    48  assault survivor shall be advised orally and in writing that he  or  she
    49  may  decline to provide such information regarding private health insur-
    50  ance benefits if he or she believes that the provision of such  informa-
    51  tion  would  substantially interfere with his or her personal privacy or
    52  safety and in such event, the sexual assault forensic exam fee shall  be
    53  paid  by  the office. Such sexual assault survivor shall also be advised
    54  that providing such information may provide additional resources to  pay
    55  for  services  to other sexual assault victims. If he or she declines to
    56  provide such health insurance information, he or she shall indicate such
        A. 1204--A                          3

     1  decision on the form provided by the hospital, sexual  assault  examiner
     2  program or licensed health care provider, which form shall be prescribed
     3  by the office.
     4    § 3. This act shall take effect on the one hundred eightieth day after
     5  it  shall  have  become  a law; provided that effective immediately, the
     6  commissioner of health and the director of the office of victim services
     7  shall make regulations and take other action necessary to implement this
     8  act on such date.