Bill Text: NY A05672 | 2011-2012 | General Assembly | Introduced
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 6-0)
Status: (Introduced - Dead) 2012-01-04 - referred to health [A05672 Detail]
Download: New_York-2011-A05672-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 5672 2011-2012 Regular Sessions I N A S S E M B L Y February 25, 2011 ___________ Introduced by M. of A. BRONSON, SCHROEDER -- Multi-Sponsored by -- M. of A. BOYLAND, PHEFFER -- read once and referred to the Committee on Health 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- 21 ability of such services, the legislature hereby enacts the child abuse 22 medical services act. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07914-02-1 A. 5672 2 1 S 3. The public health law is amended by adding a new section 4406-f 2 to read as follows: 3 S 4406-F. ACCESS TO CHILD ABUSE MEDICAL PROVIDERS AT CHILD ADVOCACY 4 CENTERS. 1. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL 5 HAVE THE FOLLOWING MEANINGS: 6 A. "CHILD ABUSE MEDICAL PROVIDER" MEANS A PHYSICIAN LICENSED UNDER 7 ARTICLE ONE HUNDRED THIRTY-ONE OF THE EDUCATION LAW, NURSE PRACTITIONER 8 CERTIFIED UNDER SECTION SIXTY-NINE HUNDRED TEN OF THE EDUCATION LAW, OR 9 PHYSICIAN ASSISTANT OR SPECIALIST ASSISTANT LICENSED UNDER ARTICLE ONE 10 HUNDRED THIRTY-ONE-B OF THE EDUCATION LAW TO PRACTICE IN THE STATE OF 11 NEW YORK WHO HAS COMPLETED A CHILD ABUSE MEDICAL PROVIDER EDUCATION 12 PROGRAM AND PROVIDES MEDICAL ASSESSMENT AND SERVICES TO CHILDREN, WHO 13 HAVE BEEN OR MAY HAVE BEEN SEXUALLY ABUSED, AT A CHILD ADVOCACY CENTER. 14 B. "CHILD ABUSE MEDICAL PROVIDER EDUCATION PROGRAM" MEANS A PROGRAM OF 15 EDUCATION DEVELOPED AND IMPLEMENTED OR APPROVED BY THE DEPARTMENT, IN 16 CONSULTATION WITH THE OFFICE OF CHILDREN AND FAMILY SERVICES, SPECIF- 17 ICALLY TO TRAIN PHYSICIANS, NURSE PRACTITIONERS, AND PHYSICIAN AND 18 SPECIALIST ASSISTANTS LICENSED TO PRACTICE PURSUANT TO TITLE EIGHT OF 19 THE EDUCATION LAW ABOUT EVALUATION, DIAGNOSIS, AND TREATMENT OF ABUSED 20 AND MALTREATED CHILDREN. 21 C. "CHILD ADVOCACY CENTER" MEANS A LOCAL OR REGIONAL MULTIDISCIPLINARY 22 TEAM FULLY ACCREDITED BY THE NATIONAL CHILDREN'S ALLIANCE AND APPROVED 23 BY THE OFFICE OF CHILDREN AND FAMILY SERVICES FOR THE PURPOSE OF INVES- 24 TIGATING REPORTS OF SUSPECTED CHILD ABUSE OR MALTREATMENT. 25 D. "CHILD SEXUAL ABUSE" MEANS ANY OF THE OFFENSES DESCRIBED IN ARTICLE 26 ONE HUNDRED THIRTY, TWO HUNDRED THIRTY, OR TWO HUNDRED SIXTY-THREE OF 27 THE PENAL LAW WHEN COMMITTED AGAINST A PERSON LESS THAN EIGHTEEN YEARS 28 OF AGE. 29 E. "MEDICAL ASSESSMENT" MEANS THE EVALUATION, DIAGNOSIS, AND TREATMENT 30 OF A CHILD BY A CHILD ABUSE MEDICAL PROVIDER, WHICH INCLUDES BUT IS NOT 31 LIMITED TO A THOROUGH MEDICAL HISTORY AND COMPLETE PHYSICAL AND MENTAL 32 HEALTH EXAMINATION TO DETERMINE WHETHER OR NOT A CHILD HAS BEEN SEXUALLY 33 ABUSED, DIAGNOSE AND TREAT THE CHILD, AND IDENTIFY APPROPRIATE FOLLOW-UP 34 FOR THE CHILD PURSUANT TO A PROTOCOL APPROVED BY THE DEPARTMENT IN 35 CONSULTATION WITH THE OFFICE OF CHILDREN AND FAMILY SERVICES. 36 2. NO CHILD WHO HAS BEEN OR MAY HAVE BEEN SEXUALLY ABUSED SHALL BE 37 DENIED DIRECT ACCESS TO A CHILD ABUSE MEDICAL PROVIDER AT A CHILD ADVO- 38 CACY CENTER. A HEALTH MAINTENANCE ORGANIZATION SHALL NOT DENY A CHILD 39 DIRECT ACCESS TO A CHILD ABUSE MEDICAL PROVIDER AT A CHILD ADVOCACY 40 CENTER FOR A MEDICAL ASSESSMENT OR LIMIT SUCH ACCESS WHEN: 41 A. A CHILD DISCLOSES SEXUAL ABUSE TO A PARENT, OTHER PERSON LEGALLY 42 RESPONSIBLE FOR THE CARE OF THE CHILD AS DEFINED BY THE FAMILY COURT 43 ACT, OR A PERSON OR OFFICIAL REQUIRED TO REPORT SEXUAL ABUSE OF A CHILD 44 PURSUANT TO SECTION FOUR HUNDRED THIRTEEN OF THE SOCIAL SERVICES LAW; 45 B. A PARENT, OTHER PERSON LEGALLY RESPONSIBLE FOR CARE OF THE CHILD AS 46 DEFINED BY THE FAMILY COURT ACT, OR A PERSON OR OFFICIAL ACTING IN A 47 PROFESSIONAL CAPACITY REQUIRED TO REPORT SEXUAL ABUSE OF A CHILD PURSU- 48 ANT TO SECTION FOUR HUNDRED THIRTEEN OF THE SOCIAL SERVICES LAW HAS 49 REASONABLE CAUSE TO SUSPECT THAT THE CHILD HAS BEEN OR MAY HAVE BEEN 50 SEXUALLY ABUSED; 51 C. A CHILD PROTECTIVE AGENCY, AS DEFINED IN SECTION ONE THOUSAND 52 TWELVE OF THE FAMILY COURT ACT, HAS REASONABLE CAUSE TO BELIEVE THAT A 53 CHILD IN ITS CUSTODY HAS BEEN OR MAY HAVE BEEN SEXUALLY ABUSED; OR 54 D. A COURT ORDER DIRECTS A MEDICAL ASSESSMENT OF A CHILD. 55 3. IT SHALL BE THE DUTY OF THE ADMINISTRATIVE OFFICER OR OTHER PERSON 56 IN CHARGE OF EACH HEALTH MAINTENANCE ORGANIZATION TO: A. 5672 3 1 A. ADVISE EACH ENROLLEE, IN WRITING, OF THE PROVISIONS OF THIS 2 SECTION, AND 3 B. ESTABLISH, AND DISCLOSE TO ALL ENROLLEES, PARTICIPATING HEALTH 4 CARE PROVIDERS, THE COMMISSIONER, AND THE SUPERINTENDENT OF INSURANCE, 5 METHODS OF ENSURING THAT A CHILD COVERED UNDER THE PLAN WHO HAS OR MAY 6 HAVE BEEN SEXUALLY ABUSED HAS DIRECT ACCESS TO CHILD ABUSE MEDICAL 7 PROVIDERS AT CHILD ADVOCACY CENTERS. 8 4. THE AMOUNT OF REIMBURSEMENT WHICH SHALL BE PAID FOR A MEDICAL 9 ASSESSMENT OF A CHILD BY A CHILD ABUSE MEDICAL PROVIDER AT A CHILD ADVO- 10 CACY CENTER SHALL EQUAL THE AMOUNT THAT WOULD BE PAID TO A QUALIFIED 11 PROVIDER WITHIN THE PLAN. THERE SHALL BE NO ADDITIONAL COST TO THE 12 INSURED BEYOND WHAT THE INSURED WOULD OTHERWISE PAY FOR SERVICES 13 RECEIVED WITHIN THE NETWORK. 14 S 4. Subdivision 1 of section 4408 of the public health law is amended 15 by adding a new paragraph (p-2) to read as follows: 16 (P-2) NOTICE THAT A CHILD ENROLLEE WHO HAS BEEN OR MAY HAVE BEEN SEXU- 17 ALLY ABUSED SHALL HAVE DIRECT ACCESS TO A CHILD ABUSE MEDICAL PROVIDER 18 AT A CHILD ADVOCACY CENTER; 19 S 5. Subsection (i) of section 3216 of the insurance law is amended by 20 adding a new paragraph 28 to read as follows: 21 (28) (A) EVERY POLICY WHICH PROVIDES COVERAGE FOR HOSPITAL, SURGICAL, 22 OR MEDICAL CARE SHALL PROVIDE THE FOLLOWING COVERAGE FOR CHILD SEXUAL 23 ABUSE PURSUANT TO THIS PARAGRAPH. 24 (B) FOR THE PURPOSES OF THIS PARAGRAPH, THE FOLLOWING TERMS SHALL HAVE 25 THE FOLLOWING MEANINGS: 26 (I) "CHILD ABUSE MEDICAL PROVIDER" MEANS A PHYSICIAN LICENSED UNDER 27 ARTICLE ONE HUNDRED THIRTY-ONE OF THE EDUCATION LAW, NURSE PRACTITIONER 28 CERTIFIED UNDER SECTION SIXTY-NINE HUNDRED TEN OF THE EDUCATION LAW, OR 29 PHYSICIAN ASSISTANT OR SPECIALIST ASSISTANT LICENSED UNDER ARTICLE ONE 30 HUNDRED THIRTY-ONE-B OF THE EDUCATION LAW TO PRACTICE IN THE STATE OF 31 NEW YORK WHO HAS COMPLETED A CHILD ABUSE MEDICAL PROVIDER EDUCATION 32 PROGRAM AND PROVIDES MEDICAL ASSESSMENT AND SERVICES TO CHILDREN, WHO 33 HAVE BEEN OR MAY HAVE BEEN SEXUALLY ABUSED, AT A CHILD ADVOCACY CENTER. 34 (II) "CHILD ABUSE MEDICAL PROVIDER EDUCATION PROGRAM" MEANS A PROGRAM 35 OF EDUCATION DEVELOPED AND IMPLEMENTED OR APPROVED BY THE DEPARTMENT OF 36 HEALTH, IN CONSULTATION WITH THE OFFICE OF CHILDREN AND FAMILY SERVICES, 37 SPECIFICALLY TO TRAIN PHYSICIANS, NURSE PRACTITIONERS, AND PHYSICIAN AND 38 SPECIALIST ASSISTANTS LICENSED TO PRACTICE PURSUANT TO TITLE EIGHT OF 39 THE EDUCATION LAW ABOUT EVALUATION, DIAGNOSIS, AND TREATMENT OF ABUSED 40 AND MALTREATED CHILDREN. 41 (III) "CHILD ADVOCACY CENTER" MEANS A LOCAL OR REGIONAL MULTIDISCIPLI- 42 NARY TEAM FULLY ACCREDITED BY THE NATIONAL CHILDREN'S ALLIANCE AND 43 APPROVED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES FOR THE PURPOSE 44 OF INVESTIGATING REPORTS OF SUSPECTED CHILD ABUSE OR MALTREATMENT. 45 (IV) "CHILD SEXUAL ABUSE" MEANS ANY OF THE OFFENSES DESCRIBED IN ARTI- 46 CLE ONE HUNDRED THIRTY, TWO HUNDRED THIRTY, OR TWO HUNDRED SIXTY-THREE 47 OF THE PENAL LAW WHEN COMMITTED AGAINST A PERSON LESS THAN EIGHTEEN 48 YEARS OF AGE. 49 (V) "MEDICAL ASSESSMENT" MEANS THE EVALUATION, DIAGNOSIS, AND TREAT- 50 MENT OF A CHILD BY A CHILD ABUSE MEDICAL PROVIDER, WHICH INCLUDES BUT IS 51 NOT LIMITED TO A THOROUGH MEDICAL HISTORY AND COMPLETE PHYSICAL AND 52 MENTAL HEALTH EXAMINATION TO DETERMINE WHETHER OR NOT A CHILD HAS BEEN 53 SEXUALLY ABUSED, DIAGNOSE AND TREAT THE CHILD, AND IDENTIFY APPROPRIATE 54 FOLLOW-UP FOR THE CHILD PURSUANT TO A PROTOCOL APPROVED BY THE DEPART- 55 MENT OF HEALTH IN CONSULTATION WITH THE OFFICE OF CHILDREN AND FAMILY 56 SERVICES. A. 5672 4 1 (C) NO POLICY SHALL DENY TO A CHILD WHO HAS BEEN OR MAY HAVE BEEN 2 SEXUALLY ABUSED DIRECT ACCESS TO A CHILD ABUSE MEDICAL PROVIDER AT A 3 CHILD ADVOCACY CENTER FOR A MEDICAL ASSESSMENT OR LIMIT SUCH ACCESS 4 WHEN: 5 (I) A CHILD DISCLOSES SEXUAL ABUSE TO A PARENT, OTHER PERSON LEGALLY 6 RESPONSIBLE FOR THE CARE OF THE CHILD AS DEFINED BY THE FAMILY COURT 7 ACT, OR A PERSON OR OFFICIAL REQUIRED TO REPORT SEXUAL ABUSE OF A CHILD 8 PURSUANT TO SECTION FOUR HUNDRED THIRTEEN OF THE SOCIAL SERVICES LAW; 9 (II) A PARENT, OTHER PERSON LEGALLY RESPONSIBLE FOR CARE OF THE CHILD 10 AS DEFINED IN THE FAMILY COURT ACT, OR A PERSON OR OFFICIAL ACTING IN A 11 PROFESSIONAL CAPACITY REQUIRED TO REPORT SEXUAL ABUSE OF A CHILD PURSU- 12 ANT TO SECTION FOUR HUNDRED THIRTEEN OF THE SOCIAL SERVICES LAW HAS 13 REASONABLE CAUSE TO SUSPECT THAT THE CHILD HAS BEEN OR MAY HAVE BEEN 14 SEXUALLY ABUSED; 15 (III) A CHILD PROTECTIVE AGENCY, AS DEFINED IN SECTION ONE THOUSAND 16 TWELVE OF THE FAMILY COURT ACT, HAS REASONABLE CAUSE TO BELIEVE THAT A 17 CHILD IN ITS CUSTODY HAS BEEN OR MAY HAVE BEEN SEXUALLY ABUSED; OR 18 (IV) A COURT ORDER DIRECTS A MEDICAL ASSESSMENT OF A CHILD. 19 S 6. Subsection (k) of section 3221 of the insurance law is amended by 20 adding a new paragraph 17 to read as follows: 21 (17) (A) EVERY INSURER DELIVERING A GROUP OR BLANKET POLICY OR ISSUING 22 A GROUP OR BLANKET POLICY FOR DELIVERY IN THIS STATE WHICH PROVIDES 23 COVERAGE FOR HOSPITAL, SURGICAL, OR MEDICAL CARE SHALL PROVIDE THE 24 FOLLOWING COVERAGE FOR CHILD SEXUAL ABUSE PURSUANT TO THIS PARAGRAPH. 25 (B) FOR THE PURPOSES OF THIS PARAGRAPH, THE FOLLOWING TERMS SHALL HAVE 26 THE FOLLOWING MEANINGS: 27 (I) "CHILD ABUSE MEDICAL PROVIDER" MEANS A PHYSICIAN LICENSED UNDER 28 ARTICLE ONE HUNDRED THIRTY-ONE OF THE EDUCATION LAW, NURSE PRACTITIONER 29 CERTIFIED UNDER SECTION SIXTY-NINE HUNDRED TEN OF THE EDUCATION LAW, OR 30 PHYSICIAN ASSISTANT OR SPECIALIST ASSISTANT LICENSED UNDER ARTICLE ONE 31 HUNDRED THIRTY-ONE-B OF THE EDUCATION LAW TO PRACTICE IN THE STATE OF 32 NEW YORK WHO HAS COMPLETED A CHILD ABUSE MEDICAL PROVIDER EDUCATION 33 PROGRAM AND PROVIDES MEDICAL ASSESSMENT AND SERVICES TO CHILDREN, WHO 34 HAVE BEEN OR MAY HAVE BEEN SEXUALLY ABUSED, AT A CHILD ADVOCACY CENTER. 35 (II) "CHILD ABUSE MEDICAL PROVIDER EDUCATION PROGRAM" MEANS A PROGRAM 36 OF EDUCATION DEVELOPED AND IMPLEMENTED OR APPROVED BY THE DEPARTMENT OF 37 HEALTH, IN CONSULTATION WITH THE OFFICE OF CHILDREN AND FAMILY SERVICES, 38 SPECIFICALLY TO TRAIN PHYSICIANS, NURSE PRACTITIONERS, AND PHYSICIAN AND 39 SPECIALIST ASSISTANTS LICENSED TO PRACTICE PURSUANT TO TITLE EIGHT OF 40 THE EDUCATION LAW ABOUT EVALUATION, DIAGNOSIS, AND TREATMENT OF ABUSED 41 AND MALTREATED CHILDREN. 42 (III) "CHILD ADVOCACY CENTER" MEANS A LOCAL OR REGIONAL MULTIDISCIPLI- 43 NARY TEAM FULLY ACCREDITED BY THE NATIONAL CHILDREN'S ALLIANCE AND 44 APPROVED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES FOR THE PURPOSE 45 OF INVESTIGATING REPORTS OF SUSPECTED CHILD ABUSE OR MALTREATMENT. 46 (IV) "CHILD SEXUAL ABUSE" MEANS ANY OF THE OFFENSES DESCRIBED IN ARTI- 47 CLE ONE HUNDRED THIRTY, TWO HUNDRED THIRTY, OR TWO HUNDRED SIXTY-THREE 48 OF THE PENAL LAW WHEN COMMITTED AGAINST A PERSON LESS THAN EIGHTEEN 49 YEARS OF AGE. 50 (V) "MEDICAL ASSESSMENT" MEANS THE EVALUATION, DIAGNOSIS, AND TREAT- 51 MENT OF A CHILD BY A CHILD ABUSE MEDICAL PROVIDER, WHICH INCLUDES BUT IS 52 NOT LIMITED TO A THOROUGH MEDICAL HISTORY AND COMPLETE PHYSICAL AND 53 MENTAL HEALTH EXAMINATION TO DETERMINE WHETHER OR NOT A CHILD HAS BEEN 54 SEXUALLY ABUSED, DIAGNOSE AND TREAT THE CHILD, AND IDENTIFY APPROPRIATE 55 FOLLOW-UP FOR THE CHILD PURSUANT TO A PROTOCOL APPROVED BY THE DEPART- A. 5672 5 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 7. Section 4303 of the insurance law is amended by adding a new 22 subsection (hh) to read as follows: 23 (HH) (1) A MEDICAL EXPENSE INDEMNITY CORPORATION, A HOSPITAL SERVICE 24 CORPORATION OR A HEALTH SERVICE CORPORATION WHICH PROVIDES COVERAGE FOR 25 HOSPITAL, SURGICAL, OR MEDICAL CARE SHALL PROVIDE THE FOLLOWING COVERAGE 26 FOR CHILD SEXUAL ABUSE. 27 (2) FOR THE PURPOSES OF THIS SUBSECTION THE FOLLOWING TERMS SHALL HAVE 28 THE FOLLOWING MEANINGS: 29 (A) "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 (B) "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 (C) "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 (D) "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 (E) "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. 5672 6 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 (3) 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 8. Paragraphs 16 and 17 of subsection (a) of section 3217-a of the 23 insurance law, as added by chapter 705 of the laws of 1996, are amended 24 and a new paragraph 18 is added to read as follows: 25 (16) notice of all appropriate mailing addresses and telephone numbers 26 to be utilized by insureds seeking information or authorization; [and] 27 (17) where applicable, a listing by specialty, which may be in a sepa- 28 rate document that is updated annually, of the name, address, and tele- 29 phone number of all participating providers, including facilities, and 30 in addition, in the case of physicians, board certification[.]; AND 31 (18) WHERE APPLICABLE, NOTICE OF THE PROVISIONS OF PARAGRAPH 32 TWENTY-EIGHT OF SUBSECTION (I) OF SECTION THREE THOUSAND TWO HUNDRED 33 SIXTEEN AND PARAGRAPH SEVENTEEN OF SUBSECTION (K) OF SECTION THREE THOU- 34 SAND TWO HUNDRED TWENTY-ONE OF THIS ARTICLE AND OF METHODS OF ENSURING 35 THAT A CHILD COVERED UNDER THE POLICY WHO HAS BEEN OR MAY HAVE BEEN 36 SEXUALLY ABUSED HAS DIRECT ACCESS TO CHILD ABUSE MEDICAL PROVIDERS AT 37 CHILD ADVOCACY CENTERS. 38 S 9. Paragraphs 17 and 18 of subsection (a) of section 4324 of the 39 insurance law, as added by chapter 705 of the laws of 1996, are amended 40 and a new paragraph 19 is added to read as follows: 41 (17) where applicable, a listing by specialty, which may be in a sepa- 42 rate document that is updated annually, of the name, address, and tele- 43 phone number of all participating providers, including facilities, and 44 in addition, in the case of physicians, board certification; [and] 45 (18) a description of the mechanisms by which subscribers may partic- 46 ipate in the development of the policies of the corporation[.]; AND 47 (19) WHERE APPLICABLE, NOTICE OF THE PROVISIONS OF SUBSECTION (HH) OF 48 SECTION FOUR THOUSAND THREE HUNDRED THREE OF THIS ARTICLE AND OF METHODS 49 OF ENSURING THAT A CHILD COVERED UNDER THE POLICY WHO HAS BEEN OR MAY 50 HAVE BEEN SEXUALLY ABUSED HAS DIRECT ACCESS TO CHILD ABUSE MEDICAL 51 PROVIDERS AT CHILD ADVOCACY CENTERS. 52 S 10. Subdivision 1 of section 364-j of the social services law is 53 amended by adding five new paragraphs (z), (aa), (bb), (cc) and (dd) to 54 read as follows: 55 (Z) "CHILD ABUSE MEDICAL PROVIDER". A PHYSICIAN LICENSED UNDER ARTICLE 56 ONE HUNDRED THIRTY-ONE OF THE EDUCATION LAW, NURSE PRACTITIONER CERTI- A. 5672 7 1 FIED UNDER SECTION SIXTY-NINE HUNDRED TEN OF THE EDUCATION LAW, OR 2 PHYSICIAN ASSISTANT OR SPECIALIST ASSISTANT LICENSED UNDER ARTICLE ONE 3 HUNDRED THIRTY-ONE-B OF THE EDUCATION LAW TO PRACTICE IN THE STATE OF 4 NEW YORK WHO HAS COMPLETED A CHILD ABUSE MEDICAL PROVIDER EDUCATION 5 PROGRAM AND PROVIDES MEDICAL ASSESSMENT AND SERVICES TO CHILDREN, WHO 6 HAVE BEEN OR MAY HAVE BEEN SEXUALLY ABUSED, AT A CHILD ADVOCACY CENTER. 7 (AA) "CHILD ABUSE MEDICAL PROVIDER EDUCATION PROGRAM". A PROGRAM OF 8 EDUCATION DEVELOPED AND IMPLEMENTED OR APPROVED BY THE DEPARTMENT OF 9 HEALTH, IN CONSULTATION WITH THE OFFICE OF CHILDREN AND FAMILY SERVICES, 10 SPECIFICALLY TO TRAIN PHYSICIANS, NURSE PRACTITIONERS, AND PHYSICIAN AND 11 SPECIALIST ASSISTANTS LICENSED TO PRACTICE PURSUANT TO TITLE EIGHT OF 12 THE EDUCATION LAW ABOUT EVALUATION, DIAGNOSIS, AND TREATMENT OF ABUSED 13 AND MALTREATED CHILDREN. 14 (BB) "CHILD ADVOCACY CENTER". A LOCAL OR REGIONAL MULTIDISCIPLINARY 15 TEAM FULLY ACCREDITED BY THE NATIONAL CHILDREN'S ALLIANCE AND APPROVED 16 BY THE OFFICE OF CHILDREN AND FAMILY SERVICES FOR THE PURPOSE OF INVES- 17 TIGATING REPORTS OF SUSPECTED CHILD ABUSE OR MALTREATMENT. 18 (CC) "CHILD SEXUAL ABUSE". ANY OF THE OFFENSES DESCRIBED IN ARTICLE 19 ONE HUNDRED THIRTY, TWO HUNDRED THIRTY OR TWO HUNDRED SIXTY-THREE OF THE 20 PENAL LAW WHEN COMMITTED AGAINST A PERSON LESS THAN EIGHTEEN YEARS OF 21 AGE. 22 (DD) "MEDICAL ASSESSMENT". THE EVALUATION, DIAGNOSIS, AND TREATMENT OF 23 A CHILD BY A CHILD ABUSE MEDICAL PROVIDER, WHICH INCLUDES BUT IS NOT 24 LIMITED TO A THOROUGH MEDICAL HISTORY AND COMPLETE PHYSICAL AND MENTAL 25 HEALTH EXAMINATION TO DETERMINE WHETHER OR NOT A CHILD HAS BEEN SEXUALLY 26 ABUSED, DIAGNOSE AND TREAT THE CHILD, AND IDENTIFY APPROPRIATE FOLLOW-UP 27 FOR THE CHILD PURSUANT TO A PROTOCOL APPROVED BY THE DEPARTMENT OF 28 HEALTH IN CONSULTATION WITH THE OFFICE OF CHILDREN AND FAMILY SERVICES. 29 S 11. Subparagraphs (ix) and (x) of paragraph (e) of subdivision 3 of 30 section 364-j of the social services law, as amended by chapter 648 of 31 the laws of 1999, are amended and a new paragraph (xi) is added to read 32 as follows: 33 (ix) HIV COBRA case management; [and] 34 (x) other services as determined by the commissioner of health[.]; AND 35 (XI) MEDICAL ASSESSMENT OF A CHILD WHO HAS BEEN OR MAY HAVE BEEN SEXU- 36 ALLY ABUSED, WHICH ASSESSMENT SHALL INSTEAD BE REFERRED IMMEDIATELY AND 37 DIRECTLY TO A CHILD ABUSE MEDICAL PROVIDER AT A CHILD ADVOCACY CENTER. 38 S 12. Subparagraphs (ii) and (iii) of paragraph (a) of subdivision 4 39 of section 364-j of the social services law, as amended by section 14 of 40 part C of chapter 58 of the laws of 2004, clause (E) of subparagraph 41 (iii) as added and clause (F) of subparagraph (iii) as relettered by 42 chapter 37 of the laws of 2010, are amended and a new subparagraph (iv) 43 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. 5672 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) the services are optometric services, as defined in article one 24 hundred forty-three of the education law, and are provided by a diagnos- 25 tic and treatment center licensed under article twenty-eight of the 26 public health law which is affiliated with the college of optometry of 27 the state university of New York and which has been granted an operating 28 certificate pursuant to article twenty-eight of the public health law to 29 provide such optometric services. Any diagnostic and treatment center 30 providing optometric services pursuant to this clause shall prior to 31 June first of each year report to the governor, temporary president of 32 the senate and speaker of the assembly on the following: the total 33 number of visits made by medical assistance recipients during the imme- 34 diately preceding calendar year; the number of visits made by medical 35 assistance recipients during the immediately preceding calendar year by 36 recipients who were enrolled in managed care programs; the number of 37 visits made by medical assistance recipients during the immediately 38 preceding calendar year by recipients who were enrolled in managed care 39 programs that provide optometric benefits as a covered service; and the 40 number of visits made by the uninsured during the immediately preceding 41 calendar year; or 42 (F) other services as defined by the commissioner of health[.]; AND 43 (IV) MEDICAL ASSESSMENT OF A CHILD WHO HAS BEEN OR MAY HAVE BEEN SEXU- 44 ALLY ABUSED SHALL BE REFERRED IMMEDIATELY AND DIRECTLY TO A CHILD ABUSE 45 MEDICAL PROVIDER AT A CHILD ADVOCACY CENTER. 46 S 13. The social services law is amended by adding a new section 368-g 47 to read as follows: 48 S 368-G. REIMBURSEMENT FOR CHILD SEXUAL ABUSE MEDICAL ASSESSMENT. 1. 49 FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE 50 FOLLOWING MEANINGS: 51 (A) "CHILD ABUSE MEDICAL PROVIDER" MEANS A PHYSICIAN LICENSED UNDER 52 ARTICLE ONE HUNDRED THIRTY-ONE OF THE EDUCATION LAW, NURSE PRACTITIONER 53 CERTIFIED UNDER SECTION SIXTY-NINE HUNDRED TEN OF THE EDUCATION LAW, OR 54 PHYSICIAN ASSISTANT OR SPECIALIST ASSISTANT LICENSED UNDER ARTICLE ONE 55 HUNDRED THIRTY-ONE-B OF THE EDUCATION LAW TO PRACTICE IN THE STATE OF 56 NEW YORK WHO HAS COMPLETED A CHILD ABUSE MEDICAL PROVIDER EDUCATION A. 5672 9 1 PROGRAM AND PROVIDES MEDICAL ASSESSMENT AND SERVICES TO CHILDREN WHO 2 HAVE BEEN OR MAY HAVE BEEN SEXUALLY ABUSED AT A CHILD ADVOCACY CENTER. 3 (B) "CHILD ABUSE MEDICAL PROVIDER EDUCATION PROGRAM" MEANS A PROGRAM 4 OF EDUCATION DEVELOPED AND IMPLEMENTED OR APPROVED BY THE DEPARTMENT OF 5 HEALTH, IN CONSULTATION WITH THE OFFICE OF CHILDREN AND FAMILY SERVICES, 6 SPECIFICALLY TO TRAIN PHYSICIANS, NURSE PRACTITIONERS, AND PHYSICIAN AND 7 SPECIALIST ASSISTANTS LICENSED TO PRACTICE PURSUANT TO TITLE EIGHT OF 8 THE EDUCATION LAW ABOUT EVALUATION, DIAGNOSIS, AND TREATMENT OF ABUSED 9 AND MALTREATED CHILDREN. 10 (C) "CHILD ADVOCACY CENTER" MEANS A LOCAL OR REGIONAL MULTIDISCIPLI- 11 NARY TEAM FULLY ACCREDITED BY THE NATIONAL CHILDREN'S ALLIANCE AND 12 APPROVED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES FOR THE PURPOSE 13 OF INVESTIGATING REPORTS OF SUSPECTED CHILD ABUSE OR MALTREATMENT. 14 (D) "CHILD SEXUAL ABUSE" MEANS ANY OF THE OFFENSES DESCRIBED IN ARTI- 15 CLE ONE HUNDRED THIRTY, TWO HUNDRED THIRTY, AND TWO HUNDRED SIXTY-THREE 16 OF THE PENAL LAW WHEN COMMITTED AGAINST A PERSON LESS THAN EIGHTEEN 17 YEARS OF AGE. 18 (E) "MEDICAL ASSESSMENT" MEANS THE EVALUATION, DIAGNOSIS, AND TREAT- 19 MENT OF A CHILD BY A CHILD ABUSE MEDICAL PROVIDER, WHICH INCLUDES BUT IS 20 NOT LIMITED TO A THOROUGH MEDICAL HISTORY AND COMPLETE PHYSICAL AND 21 MENTAL HEALTH EXAMINATION TO DETERMINE WHETHER OR NOT A CHILD HAS BEEN 22 SEXUALLY ABUSED, DIAGNOSE AND TREAT THE CHILD, AND IDENTIFY APPROPRIATE 23 FOLLOW-UP FOR THE CHILD PURSUANT TO A PROTOCOL APPROVED BY THE DEPART- 24 MENT OF HEALTH IN CONSULTATION WITH THE OFFICE OF CHILDREN AND FAMILY 25 SERVICES. 26 2. A SOCIAL SERVICES DISTRICT SHALL REIMBURSE A CHILD ABUSE MEDICAL 27 PROVIDER AT A CHILD CARE CENTER ELIGIBLE FOR FUNDING AS A COMPREHENSIVE 28 HEALTH SERVICES PROGRAM AT THE MAXIMUM REIMBURSEMENT THAT THE DEPARTMENT 29 OF HEALTH MAY PAY FOR PROVIDING OR ARRANGING FOR MEDICAL ASSESSMENT OF A 30 CHILD WHO HAS BEEN OR MAY HAVE BEEN SEXUALLY ABUSED IN ACCORDANCE WITH 31 THE FEDERAL SOCIAL SECURITY ACT AND REGULATIONS PROMULGATED THEREUNDER. 32 3. CHILD ADVOCACY CENTERS THAT ARE NOT ELIGIBLE FOR FUNDING AS COMPRE- 33 HENSIVE HEALTH SERVICES PROGRAMS SHALL BE RESPONSIBLE FOR PROVIDING 34 MEDICAL ASSESSMENTS AND SERVICES TO CHILDREN WHO HAVE BEEN OR MAY HAVE 35 BEEN SEXUALLY ABUSED PURSUANT TO A PROTOCOL APPROVED BY THE DEPARTMENT 36 OF HEALTH IN CONSULTATION WITH THE OFFICE OF CHILDREN AND FAMILY 37 SERVICES, WHICH SHALL INCLUDE BUT NOT BE LIMITED TO: 38 (A) MEDICAL EVALUATION, DIAGNOSIS, AND TREATMENT OF THE CHILD BY A 39 CHILD ABUSE MEDICAL PROVIDER, WHICH INCLUDES BUT IS NOT LIMITED TO A 40 THOROUGH MEDICAL HISTORY AND COMPLETE PHYSICAL EXAMINATION TO DETERMINE 41 WHETHER OR NOT A CHILD HAS BEEN SEXUALLY ABUSED; 42 (B) DIAGNOSIS AND TREATMENT OF THE CHILD; 43 (C) IDENTIFICATION OF APPROPRIATE FOLLOW-UP FOR THE CHILD; AND 44 (D) COORDINATION OF THE MEDICAL ASSESSMENT WITH A MULTIDISCIPLINARY 45 INVESTIGATION AND FOLLOW-UP OF SUCH CHILD. 46 4. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE PER UNIT RATE OF 47 PAYMENT FOR MEDICAL ASSESSMENT AND SERVICES FURNISHED BY THE CHILD ADVO- 48 CACY CENTERS TO CHILDREN WHO HAVE BEEN OR MAY HAVE BEEN SEXUALLY ABUSED 49 AND WHO ARE ELIGIBLE FOR PAYMENTS MADE BY STATE GOVERNMENTAL AGENCIES 50 SHALL BE INCREASED TO AN AMOUNT EQUAL TO ONE HUNDRED TWENTY DOLLARS PER 51 UNIT. 52 S 14. This act shall take effect on the one hundred twentieth day 53 after it shall have become a law; provided that the departments of 54 health, insurance and family assistance are authorized to promulgate any 55 and all rules and regulations and take any other measures necessary to 56 implement this act on its effective date on or before such date; and A. 5672 10 1 provided further that the amendments to subdivisions 1, 3 and 4 of 2 section 364-j of the social services law made by sections ten, eleven 3 and twelve of this act shall not affect the repeal of such section and 4 shall be deemed repealed therewith.