Bill Text: NY A09926 | 2017-2018 | General Assembly | Introduced
Bill Title: Ensures that sexual assault survivors are not billed for sexual assault forensic exams and are notified orally and in writing of the option to decline to provide private health insurance information and have the office of victim services reimburse the hospital for the exam; also provides that if such exam is covered by insurance, such coverage shall not be subject to annual deductibles or coinsurance.
Spectrum: Slight Partisan Bill (Democrat 3-1)
Status: (Introduced - Dead) 2018-03-13 - reported referred to codes [A09926 Detail]
Download: New_York-2017-A09926-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 9926 IN ASSEMBLY February 23, 2018 ___________ Introduced by M. of A. GOTTFRIED -- read once and referred to the Committee on Health AN ACT to amend the public health law, the executive law and the insur- ance law, in relation to sexual assault forensic exams The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 1 of section 2805-i of the public health law, 2 as amended by chapter 504 of the laws of 1994 and paragraph (c) as 3 amended by chapter 39 of the laws of 2012, is amended to read as 4 follows: 5 1. Every hospital providing treatment to alleged victims of a sexual 6 offense shall be responsible for: 7 (a) maintaining sexual offense evidence and the chain of custody as 8 provided in subdivision two of this section[.]; 9 (b) contacting a rape crisis or victim assistance organization, if 10 any, providing victim assistance to the geographic area served by that 11 hospital to establish the coordination of non-medical services to sexual 12 offense victims who request such coordination and services[.]; 13 (c) offering and making available appropriate HIV post-exposure treat- 14 ment therapies; including a seven day starter pack of HIV post-exposure 15 prophylaxis, in cases where it has been determined, in accordance with 16 guidelines issued by the commissioner, that a significant exposure to 17 HIV has occurred, and informing the victim that payment assistance for 18 such therapies may be available from the office of victim services 19 pursuant to the provisions of article twenty-two of the executive law. 20 With the consent of the victim of a sexual assault, the hospital emer- 21 gency room department shall provide or arrange for an appointment for 22 medical follow-up related to HIV post-exposure prophylaxis and other 23 care as appropriate; and 24 (d) ensuring sexual assault survivors are not billed for sexual 25 assault forensic exams and are notified orally and in writing of the 26 option to decline to provide private health insurance information and 27 have the office of victim services reimburse the hospital for the exam EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD13870-02-8A. 9926 2 1 pursuant to subdivision thirteen of section six hundred thirty-one of 2 the executive law. 3 § 2. Subdivision 13 of section 631 of the executive law, as amended by 4 chapter 39 of the laws of 2012, is amended to read as follows: 5 13. Notwithstanding any other provision of law, rule, or regulation to 6 the contrary, when any New York state accredited hospital, accredited 7 sexual assault examiner program, or licensed health care provider 8 furnishes services to any sexual assault survivor, including but not 9 limited to a health care forensic examination in accordance with the sex 10 offense evidence collection protocol and standards established by the 11 department of health, such hospital, sexual assault examiner program, or 12 licensed healthcare provider shall provide such services to the person 13 without charge and shall bill the office directly. The office, in 14 consultation with the department of health, shall define the specific 15 services to be covered by the sexual assault forensic exam reimbursement 16 fee, which must include at a minimum forensic examiner services, hospi- 17 tal or healthcare facility services related to the exam, and related 18 laboratory tests and necessary pharmaceuticals; including but not limit- 19 ed to HIV post-exposure prophylaxis provided by a hospital emergency 20 room at the time of the forensic rape examination pursuant to paragraph 21 (c) of subdivision one of section twenty-eight hundred five-i of the 22 public health law. Follow-up HIV post-exposure prophylaxis costs shall 23 continue to be reimbursed according to established office procedure. The 24 office, in consultation with the department of health, shall also gener- 25 ate the necessary regulations and forms for the direct reimbursement 26 procedure. The rate for reimbursement shall be the amount of itemized 27 charges not exceeding eight hundred dollars, to be reviewed and adjusted 28 annually by the office in consultation with the department of health. 29 The hospital, sexual assault examiner program, or licensed health care 30 provider must accept this fee as payment in full for these specified 31 services. No additional billing of the survivor for said services is 32 permissible. A sexual assault survivor may voluntarily assign any 33 private insurance benefits to which she or he is entitled for the 34 healthcare forensic examination, in which case the hospital or health- 35 care provider may not charge the office; provided, however, in the event 36 the sexual assault survivor assigns any private health insurance bene- 37 fit, such coverage shall not be subject to annual deductibles or coinsu- 38 rance or balance billing by the hospital, sexual assault examiner 39 program or licensed health care provider. A hospital, sexual assault 40 examiner program or licensed health care provider shall, at the time of 41 the initial visit, request assignment of any private health insurance 42 benefits to which the sexual assault survivor is entitled on a form 43 prescribed by the office; provided, however, such sexual assault survi- 44 vor shall be advised orally and in writing that he or she may decline to 45 provide such information regarding private health insurance benefits if 46 he or she believes that the provision of such information would substan- 47 tially interfere with his or her personal privacy or safety and in such 48 event, the sexual assault forensic exam fee shall be paid by the office. 49 Such sexual assault survivor shall also be advised that providing such 50 information may provide additional resources to pay for services to 51 other sexual assault victims. If he or she declines to provide such 52 health insurance information, he or she shall indicate such decision on 53 the form provided by the hospital, sexual assault examiner program or 54 licensed health care provider, which form shall be prescribed by the 55 office.A. 9926 3 1 § 3. Subsection (i) of section 3216 of the insurance law is amended by 2 adding a new paragraph 34 to read as follows: 3 (34) Health care forensic examinations performed pursuant to section 4 twenty-eight hundred five-i of the public health law covered under the 5 policy shall not be subject to annual deductibles or coinsurance. 6 § 4. Subsection (l) of section 3221 of the insurance law is amended by 7 adding a new paragraph 20 to read as follows: 8 (20) Health care forensic examinations performed pursuant to section 9 twenty-eight hundred five-i of the public health law covered under the 10 policy shall not be subject to annual deductibles or coinsurance. 11 § 5. Section 4303 of the insurance law is amended by adding a new 12 subsection (rr) to read as follows: 13 (rr) Health care forensic examinations performed pursuant to section 14 twenty-eight hundred five-i of the public health law covered under the 15 contract shall not be subject to annual deductibles or coinsurance. 16 § 6. This act shall take effect immediately, and shall apply to all 17 policies and contracts issued, renewed, modified, altered or amended on 18 or after the first of January next succeeding such effective date.
