Bill Text: NY S01306 | 2019-2020 | General Assembly | Introduced


Bill Title: Establishes a pilot program for Lyme and tick-borne disease testing in children.

Spectrum: Moderate Partisan Bill (Republican 12-2)

Status: (Introduced) 2019-01-14 - REFERRED TO HEALTH [S01306 Detail]

Download: New_York-2019-S01306-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          1306
                               2019-2020 Regular Sessions
                    IN SENATE
                                    January 14, 2019
                                       ___________
        Introduced  by  Sens. SERINO, AMEDORE, CARLUCCI, FUNKE, HELMING, JACOBS,
          LAVALLE, LITTLE, O'MARA, RANZENHOFER, RITCHIE, SAVINO, SEWARD, TEDISCO
          -- read twice and ordered printed, and when printed to be committed to
          the Committee on Health
        AN ACT to amend the public health law, in relation to creating  a  pilot
          program for Lyme and tick-borne disease testing in children
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Section 206-b of the public health law, as added by chapter
     2  260 of the laws of 1988, is amended to read as follows:
     3    § 206-b. Lyme and tick-borne disease.  1.  Special  requirements  with
     4  respect to Lyme disease diagnosis.  [1.] a. Within thirty days after the
     5  effective  date  of  this  section,  the commissioner shall, in writing,
     6  order every physician practicing  in  Suffolk,  Westchester  and  Nassau
     7  counties  to  review  the  medical records of any patient such physician
     8  treated during the period commencing  January  first,  nineteen  hundred
     9  seventy-five and ending on the date of such order wherein such physician
    10  made  a  diagnosis  of  juvenile  rheumatoid arthritis and to review the
    11  circumstances of such diagnosis to reconsider whether such  patient  has
    12  suffered,  or  is  suffering,  from  the  complex, multi-system disorder
    13  caused by the bacterium Borrelia burgdorferi, which disease is transmit-
    14  ted by the Ixodes dammini tick and is  commonly  referred  to  as  "Lyme
    15  disease".  In any case where a hospital or other health care institution
    16  or provider has custody or control of the medical records for a  patient
    17  so  diagnosed,  upon  request such physician shall be entitled to review
    18  such medical records for purposes of complying with such  order  or  the
    19  commissioner  may  order any such hospital or other health care institu-
    20  tion or provider wherever situated  within  the  state  to  review  such
    21  records to reconsider a diagnosis of Lyme disease.
    22    [2.]  b.  The  commissioner, upon a showing that there is a reasonable
    23  basis to believe that  the  order  provided  for  herein  has  not  been
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06975-01-9

        S. 1306                             2
     1  complied  with,  shall  be entitled to apply to a justice of the supreme
     2  court for an order requiring  any  such  physician  to  submit  for  the
     3  commissioner's  consideration  such  records,  charts or other pertinent
     4  data  which  will  enable  him  to determine whether there has been full
     5  compliance with such order.
     6    [3.] c. In any case where a review of such records  indicates  that  a
     7  patient  may  have been, or is, suffering from Lyme disease, such physi-
     8  cian shall, consistent with customary and acceptable medical  standards,
     9  take  such  action  he  deems necessary to inform such patient or in the
    10  case of a minor, his or her parent or guardian of his findings,  conduct
    11  additional  tests,  administer  other necessary treatments or refer such
    12  patient to another physician for further diagnosis and/or treatment.
    13    2. Pilot program for Lyme and tick-borne disease testing in  children.
    14  a.  Subject  to  appropriation, the commissioner is hereby authorized to
    15  establish a pilot program to test for Lyme and  tick-borne  diseases  in
    16  children  with  qualifying  diagnoses who present with similar symptoms.
    17  Such program, subject to the rules and regulations of the  commissioner,
    18  shall  provide  for  a  test to rule out Lyme and tick-borne diseases in
    19  children with a qualifying diagnosis by an approved New York state qual-
    20  ified medical research institution or laboratory, at the  request  of  a
    21  patient, medical provider, practitioner, hospital, or health care facil-
    22  ity.  The  qualified medical research institution or laboratory shall be
    23  responsible for conducting serology testing, or  other  Lyme  and  tick-
    24  borne disease tests approved by the commissioner, to determine the esti-
    25  mated  rate  of  misdiagnosis  and co-infections in children and for the
    26  development of continuing graduate medical education curriculum address-
    27  ing the symptoms and diagnostic tools  that  can  assist  in  accurately
    28  identifying  and  testing  for Lyme and tick-borne diseases in children.
    29  The qualified medical research institution or laboratory may  work  with
    30  not-for-profits,  professional associations, or academic institutions to
    31  develop the continuing graduate medical education curriculum.
    32    b. For purposes of this subdivision, the following  terms  shall  have
    33  the following meanings:
    34    (i) "qualified medical research institution or laboratory" may include
    35  academic  medical  institutions,  agencies,  public or private organiza-
    36  tions, public or private laboratories or any other institution or  labo-
    37  ratory approved by the department that is conducting Lyme and tick-borne
    38  disease research, including but not limited to, testing for the presence
    39  of such infections;
    40    (ii)  "qualifying  diagnoses" shall mean juvenile rheumatoid arthritis
    41  or any other common medical diagnosis that presents with  similar  symp-
    42  toms  to  Lyme  and  tick-borne disease infections that the commissioner
    43  deems relevant; and
    44    (iii) "children" shall mean all individuals under the age of  eighteen
    45  who have a qualifying diagnosis.
    46    c.  The  commissioner  shall  require  the  qualified medical research
    47  institution or laboratory under the pilot program to  submit  an  annual
    48  report,  which  shall  include  data analyzing the cost, efficiency, and
    49  accuracy of tests provided under such program.  The  report  shall  also
    50  include  estimated  rates  of  misdiagnosis or co-infections of Lyme and
    51  tick-borne diseases of children with qualifying diagnoses. On or  before
    52  December thirty-first, two thousand twenty, and annually thereafter, the
    53  commissioner  shall  submit  such  report to the governor, the temporary
    54  president of the senate and the speaker of the assembly.
    55    d. Participation in the pilot program shall be voluntary  and  subject
    56  to  participation  guidelines  established by the department. Nothing in

        S. 1306                             3
     1  this subdivision shall establish liability for any  reasonable  acts  or
     2  omissions on the part of a hospital, health care institution, or provid-
     3  er participating in the program.
     4    §  2.  This  act shall take effect on the ninetieth day after it shall
     5  have become a law.
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