Bill Text: NY A06430 | 2021-2022 | General Assembly | Amended


Bill Title: Creates the sickle cell disease detection and education program.

Spectrum: Partisan Bill (Democrat 9-0)

Status: (Vetoed) 2022-11-23 - tabled [A06430 Detail]

Download: New_York-2021-A06430-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         6430--B
                                                                Cal. No. 210

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                     March 17, 2021
                                       ___________

        Introduced  by  M.  of A. HYNDMAN, GALEF, DICKENS, PERRY, PAULIN, GLICK,
          JACKSON, SIMON, ANDERSON -- read once and referred to the Committee on
          Health -- reported and referred to the Committee on Ways and Means  --
          committee  discharged,  bill amended, ordered reprinted as amended and
          recommitted to said committee -- ordered to a third  reading,  amended
          and ordered reprinted, retaining its place on the order of third read-
          ing

        AN ACT to amend the public health law, in relation to creating the sick-
          le cell disease detection and education program

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Article 24 of the public health law is amended by adding  a
     2  new title 1-C to read as follows:
     3                                  TITLE I-C
     4             SICKLE CELL DISEASE DETECTION AND EDUCATION PROGRAM
     5  Section 2415. Sickle  cell  disease  detection  and  education  program;
     6                  establishment.
     7          2416. Grants to approved organizations.
     8          2417. Grants to community-based organizations.
     9          2418. Annual report.
    10          2419. Advisory council.
    11    § 2415. Sickle cell disease detection and  education  program;  estab-
    12  lishment.  1.  There  is hereby created within the department the sickle
    13  cell disease detection and education program, hereafter referred  to  in
    14  this  title  as  the  "sickle  cell  disease  services  program" or "the
    15  program", to promote screening and detection  of  sickle  cell  disease,
    16  especially  among  unserved  or  underserved populations; to educate the
    17  public  regarding  sickle  cell  disease  and  the  benefits  of   early
    18  detection; and to provide counseling and referral services. For purposes
    19  of this title, "unserved or underserved populations" means people having
    20  inadequate  access and financial resources to obtain sickle cell disease

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08538-05-2

        A. 6430--B                          2

     1  screening and detection  services,  including  people  who  lack  health
     2  coverage  or  whose health coverage is inadequate or who cannot meet the
     3  financial  requirements  of  their  coverage  for  accessing   detection
     4  services.
     5    2. The program shall include:
     6    (a)  establishment  of  a  statewide  public  education  and  outreach
     7  campaign to publicize evidence  based  sickle  cell  disease  screening,
     8  detection  and education services.  The campaign shall include:  general
     9  community  education,  outreach  to  specific  underserved  populations,
    10  evidence  based  clinical sickle cell disease screening services, and an
    11  informational summary that shall include an explanation  of  the  impor-
    12  tance  of clinical examinations and what to expect during clinical exam-
    13  inations and sickle cell disease screening services;
    14    (b) provision of grants to approved organizations under sections twen-
    15  ty-four hundred sixteen and twenty-four hundred seventeen of this title;
    16    (c) compilation of data concerning the program  and  dissemination  of
    17  such data to the public; and
    18    (d) development of health care professional education programs includ-
    19  ing  the benefits of early detection of sickle cell disease and clinical
    20  examinations, the recommended frequency  of  clinical  examinations  and
    21  sickle  cell  disease  screening services, and professionally recognized
    22  best practices guidelines.
    23    § 2416. Grants to approved organizations. 1.  The  commissioner  shall
    24  make  grants  within  the amounts appropriated to approved organizations
    25  for the provision of services relating to the evidence  based  screening
    26  and  detection  of  sickle  cell  disease  as  part of this program. The
    27  services shall include but not be limited to:
    28    (a) promotion and provision of early detection of sickle cell disease,
    29  including  clinical  examinations  and  sickle  cell  disease  screening
    30  services;
    31    (b)  provision  of counseling and information on treatment options and
    32  referral for appropriate medical treatment;
    33    (c) dissemination of information to  unserved  and  underserved  popu-
    34  lations, to the general public and to health care professionals concern-
    35  ing  sickle cell disease, the benefits of early detection and treatment,
    36  and the availability of sickle cell disease screening services;
    37    (d) identification of local sickle  cell  disease  screening  services
    38  within the approved organization's region;
    39    (e)  provision  of  information,  counseling  and referral services to
    40  individuals diagnosed with sickle cell disease; and
    41    (f) provision of information regarding  the  availability  of  medical
    42  assistance,  including  medical assistance under title eleven of article
    43  five of the social services law, to an individual who requires treatment
    44  for sickle cell disease.
    45    2. The commissioner shall  give  notice  and  provide  opportunity  to
    46  submit applications for grants under the program. In order to be consid-
    47  ered  for  a  grant,  an  applicant must show evidence of the following,
    48  relating to the services the applicant proposes to provide:
    49    (a) ability to provide and to ensure consistent and  quality  services
    50  under the program;
    51    (b) expertise in providing the service;
    52    (c)  capacity  to  coordinate  services with physicians, hospitals and
    53  other appropriate local institutions or agencies;
    54    (d) ability to provide the service to unserved  or  underserved  popu-
    55  lations; and

        A. 6430--B                          3

     1    (e)  ability  to  provide the service in accordance with the standards
     2  specified in subdivision three of this section.
     3    Applications shall be made on forms provided by the commissioner.
     4    3.  The commissioner shall develop standards for the implementation of
     5  grants under the program by approved organizations, which  shall  ensure
     6  the following:
     7    (a) integration of the approved organization with existing health care
     8  providers;
     9    (b) maximizing third party reimbursement;
    10    (c) provision of services to unserved or underserved populations.
    11    4.  Within  the amounts of state or federal funds appropriated for the
    12  program, approved organizations may be authorized by the  department  to
    13  provide such services for populations served under this title.  Services
    14  may  include  evidence  based  screening, patient education, counseling,
    15  follow-up and referral.
    16    § 2417. Grants to community-based organizations. 1.  The  commissioner
    17  shall make grants within amounts appropriated for community-based organ-
    18  izations  to  provide  post diagnosis counseling, education and outreach
    19  programs for persons diagnosed  with  sickle  cell  disease  based  upon
    20  criteria to be developed by the commissioner.
    21    2.  For  the purposes of this section, "community-based organizations"
    22  shall mean free-standing organizations  in  which  sickle  cell  disease
    23  survivors  hold  significant  decision-making  responsibility, and which
    24  offer a broad  range  of  sickle  cell  disease  education  and  support
    25  services free of charge.
    26    3.  The commissioner shall provide notice and opportunity for communi-
    27  ty-based organizations to submit applications to provide  post-diagnosis
    28  sickle  cell  disease  counseling, education and outreach programs. Such
    29  applications shall be on forms established by the commissioner.
    30    4. Every organization receiving grants under this title  shall  submit
    31  to  the  commissioner, on or before October first of each year, a report
    32  of such organization's activities, including an assessment of the organ-
    33  ization's programs and such data as the commissioner deems relevant  and
    34  necessary to accomplish the purposes of the program.
    35    §  2418.  Annual  report.  The  commissioner shall submit on or before
    36  December first of each year, an annual report to the  governor  and  the
    37  legislature  concerning  the operation of the program. The reports shall
    38  include the experience of the program in providing services  under  this
    39  title.  The annual report shall include strategies for implementation of
    40  the sickle cell disease awareness program and for promoting  the  aware-
    41  ness  program  to the general public, state and local elected officials,
    42  and various public and private organizations, associations,  businesses,
    43  industries,  and  agencies.  Organizations  receiving  grants under this
    44  title shall provide data and assessments as the commissioner may require
    45  for the report. The report shall include any recommendations  for  addi-
    46  tional action to respond to the incidence of sickle cell disease in this
    47  state.
    48    §  2419.  Advisory  council.  1.  There  is  hereby established in the
    49  department the sickle cell disease detection and education program advi-
    50  sory council, for the purpose of advising the commissioner  with  regard
    51  to the program.
    52    2.  The  advisory council shall advise and make recommendations to the
    53  commissioner regarding the  promotion  and  implementation  of  programs
    54  under this title.
    55    3.  The  commissioner  shall  appoint twenty-one voting members of the
    56  advisory council, which shall  include  representation  of  health  care

        A. 6430--B                          4

     1  professionals,  consumers, patients, with one voting member who shall be
     2  a person who has or has had sickle cell disease. The commissioner  shall
     3  appoint  one  member  as a chairperson. The members of the council shall
     4  receive  no  compensation for their services, but shall be allowed their
     5  actual and necessary expenses incurred in performance of their duties.
     6    4. A majority of the appointed voting membership of  the  board  shall
     7  constitute a quorum.
     8    5.  The  advisory  council  shall  meet  at least twice a year, at the
     9  request of the department.
    10    § 2. Subdivision 1 of section 207 of the public health law is  amended
    11  by adding a new paragraph (q) to read as follows:
    12    (q)  sickle cell  disease  including  but  not  limited  to screening,
    13  prevention,  and  treatment  information.  The  program shall include an
    14  advisory council under this section that  shall  include  patients  with
    15  sickle  cell  disease  and  their  families  and  health  care providers
    16  specializing in treating sickle cell disease, among others.
    17    § 3. This act shall take effect immediately.
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