Bill Text: NY A02924 | 2017-2018 | General Assembly | Introduced

---

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

Spectrum: Partisan Bill (Democrat 9-0)

Status: (Engrossed - Dead) 2018-03-19 - REFERRED TO HEALTH [A02924 Detail]

Download: New_York-2017-A02924-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________
                                          2924
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    January 23, 2017
                                       ___________
        Introduced  by  M.  of  A.  PEOPLES-STOKES,  GOTTFRIED  -- read once and
          referred to the Committee on Health
        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 chapter 39 of the laws of 2012, is
     3  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.
    18    § 2. Subdivision 13 of section 631 of the executive law, as amended by
    19  chapter 39 of the laws of 2012, is amended to read as follows:
    20    13. Notwithstanding any other provision of law, rule, or regulation to
    21  the  contrary,  when  any New York state accredited hospital, accredited
    22  sexual assault  examiner  program,  or  licensed  health  care  provider
    23  furnishes  services  to  any  sexual assault survivor, including but not
    24  limited to a health care forensic examination in accordance with the sex
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05535-01-7
        A. 2924                             2
     1  offense evidence collection protocol and standards  established  by  the
     2  department of health, such hospital, sexual assault examiner program, or
     3  licensed  healthcare  provider shall provide such services to the person
     4  without  charge  and  shall  bill  the  office  directly. The office, in
     5  consultation with the department of health, shall  define  the  specific
     6  services to be covered by the sexual assault forensic exam reimbursement
     7  fee,  which must include at a minimum forensic examiner services, hospi-
     8  tal or healthcare facility services related to  the  exam,  and  related
     9  laboratory tests and necessary pharmaceuticals; including but not limit-
    10  ed  to  HIV  post-exposure  prophylaxis provided by a hospital emergency
    11  room at the time of the forensic rape examination pursuant to  paragraph
    12  (c)  of  subdivision  one  of section twenty-eight hundred five-i of the
    13  public health law. Follow-up HIV post-exposure prophylaxis  costs  shall
    14  [continue  to]  be  billed  by  the  health  care provider to the office
    15  directly and reimbursed [according to established office  procedure]  by
    16  the  office directly. The office, in consultation with the department of
    17  health, shall also generate the necessary regulations and forms for  the
    18  direct  reimbursement procedure. The rate for reimbursement shall be the
    19  amount of itemized charges not exceeding eight hundred  dollars,  to  be
    20  reviewed  and  adjusted  annually by the office in consultation with the
    21  department of health. The hospital, sexual assault examiner program,  or
    22  licensed  health  care  provider must accept this fee as payment in full
    23  for these specified services. No additional billing of the survivor  for
    24  said  services is permissible. A sexual assault survivor may voluntarily
    25  assign any private insurance benefits to which she or he is entitled for
    26  the healthcare forensic examination,  in  which  case  the  hospital  or
    27  healthcare  provider  may  not  charge  the  office.  A hospital, sexual
    28  assault examiner program or licensed health care provider shall, at  the
    29  time  of  the  initial  visit,  request assignment of any private health
    30  insurance benefits to which the sexual assault survivor is entitled on a
    31  form prescribed by the office; provided, however,  such  sexual  assault
    32  survivor  shall  be  advised  orally  and  in writing that he or she may
    33  decline to provide such information regarding private  health  insurance
    34  benefits  if  he  or she believes that the provision of such information
    35  would substantially interfere with his or her personal privacy or safety
    36  and in such event, the sexual assault forensic exam fee shall be paid by
    37  the office. Such sexual assault survivor  shall  also  be  advised  that
    38  providing  such  information may provide additional resources to pay for
    39  services to other sexual assault victims.  If  he  or  she  declines  to
    40  provide such health insurance information, he or she shall indicate such
    41  decision  on  the form provided by the hospital, sexual assault examiner
    42  program or licensed health care provider, which form shall be prescribed
    43  by the office.
    44    § 3. This act shall take effect on the one hundred eightieth day after
    45  it shall have become a law; provided  that  effective  immediately,  the
    46  commissioner of health and the director of the office of victim services
    47  shall make regulations and take other action necessary to implement this
    48  act on such date.