Bill Text: NY S02750 | 2013-2014 | General Assembly | Amended

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Bill Title: Requires hospitals to offer hepatitis C testing.

Spectrum: Moderate Partisan Bill (Democrat 11-2)

Status: (Introduced - Dead) 2013-06-20 - SUBSTITUTED BY A1286A [S02750 Detail]

Download: New_York-2013-S02750-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        2750--A
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                   January 23, 2013
                                      ___________
       Introduced  by  Sens. HANNON, ADAMS, BOYLE, CARLUCCI, FELDER, FUSCHILLO,
         HASSELL-THOMPSON, HOYLMAN, KRUEGER, MONTGOMERY, PARKER, PERKINS, SAMP-
         SON, STAVISKY -- read twice and ordered printed, and when  printed  to
         be  committed  to  the  Committee on Health -- reported favorably from
         said committee and committed to the Committee on Finance --  committee
         discharged, bill amended, ordered reprinted as amended and recommitted
         to said committee
       AN  ACT  to amend the public health law, in relation to requiring hospi-
         tals to offer hepatitis C testing; and providing  for  the  repeal  of
         such provisions upon expiration thereof
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The public health law is amended by adding  a  new  section
    2  2171 to read as follows:
    3    S  2171. REQUIRED OFFERING OF HEPATITIS C SCREENING TESTING.  1. EVERY
    4  INDIVIDUAL BORN BETWEEN THE YEARS OF  NINETEEN  HUNDRED  FORTY-FIVE  AND
    5  NINETEEN HUNDRED SIXTY-FIVE WHO RECEIVES HEALTH SERVICES AS AN INPATIENT
    6  IN A GENERAL HOSPITAL DEFINED IN SUBDIVISION TEN OF SECTION TWENTY-EIGHT
    7  HUNDRED  ONE OF THIS CHAPTER OR WHO RECEIVES PRIMARY CARE SERVICES IN AN
    8  OUTPATIENT DEPARTMENT OF SUCH HOSPITAL OR IN A DIAGNOSTIC AND  TREATMENT
    9  CENTER  LICENSED  UNDER  ARTICLE  TWENTY-EIGHT OF THIS CHAPTER OR FROM A
   10  PHYSICIAN, PHYSICIAN ASSISTANT OR NURSE PRACTITIONER  PROVIDING  PRIMARY
   11  CARE  SHALL BE OFFERED A HEPATITIS C SCREENING TEST OR HEPATITIS C DIAG-
   12  NOSTIC TEST UNLESS THE HEALTH CARE PRACTITIONER PROVIDING SUCH  SERVICES
   13  REASONABLY BELIEVES THAT:
   14    (A)  THE INDIVIDUAL IS BEING TREATED FOR A LIFE THREATENING EMERGENCY;
   15  OR
   16    (B) THE INDIVIDUAL HAS PREVIOUSLY BEEN OFFERED OR HAS BEEN THE SUBJECT
   17  OF A HEPATITIS C SCREENING TEST (EXCEPT THAT A TEST SHALL BE OFFERED  IF
   18  OTHERWISE INDICATED); OR
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00481-06-3
       S. 2750--A                          2
    1    (C)  THE INDIVIDUAL LACKS CAPACITY TO CONSENT TO A HEPATITIS C SCREEN-
    2  ING TEST.
    3    2.  IF AN INDIVIDUAL ACCEPTS THE OFFER OF A HEPATITIS C SCREENING TEST
    4  AND THE SCREENING TEST IS  REACTIVE,  THE  HEALTH  CARE  PROVIDER  SHALL
    5  EITHER  OFFER THE INDIVIDUAL FOLLOW-UP HEALTH CARE OR REFER THE INDIVID-
    6  UAL TO A HEALTH CARE PROVIDER WHO CAN PROVIDE FOLLOW-UP HEALTH CARE. THE
    7  FOLLOW-UP HEALTH CARE SHALL INCLUDE A HEPATITIS C DIAGNOSTIC TEST.
    8    3. THE OFFERING OF HEPATITIS C SCREENING TESTING  UNDER  THIS  SECTION
    9  SHALL  BE  CULTURALLY  AND LINGUISTICALLY APPROPRIATE IN ACCORDANCE WITH
   10  RULES AND REGULATIONS PROMULGATED BY THE COMMISSIONER.
   11    4. THIS SECTION SHALL NOT AFFECT THE SCOPE OF PRACTICE OF  ANY  HEALTH
   12  CARE  PRACTITIONER  OR  DIMINISH  ANY AUTHORITY OR LEGAL OR PROFESSIONAL
   13  OBLIGATION OF ANY HEALTH  CARE  PRACTITIONER  TO  OFFER  A  HEPATITIS  C
   14  SCREENING  TEST OR HEPATITIS C DIAGNOSTIC TEST OR TO PROVIDE SERVICES OR
   15  CARE FOR THE SUBJECT OF A HEPATITIS C  SCREENING  TEST  OR  HEPATITIS  C
   16  DIAGNOSTIC TEST.
   17    5.  DEFINITIONS.  AS  USED  IN THIS SECTION, THE FOLLOWING TERMS SHALL
   18  HAVE THE FOLLOWING MEANINGS:
   19    (A) "HEPATITIS C DIAGNOSTIC TEST" SHALL MEAN ANY  LABORATORY  TEST  OR
   20  TESTS  THAT  DETECT  THE  PRESENCE OF HEPATITIS C VIRUS IN THE BLOOD AND
   21  PROVIDES CONFIRMATION OF WHETHER THE INDIVIDUAL HAS A HEPATITIS C  VIRUS
   22  INFECTION.
   23    (B)  "HEPATITIS  C SCREENING TEST" SHALL MEAN ANY LABORATORY SCREENING
   24  TEST OR TESTS THAT DETECT THE PRESENCE OF HEPATITIS C  VIRUS  ANTIBODIES
   25  IN THE BLOOD.
   26    (C) "PRIMARY CARE" MEANS THE MEDICAL FIELDS OF FAMILY MEDICINE, GENER-
   27  AL PEDIATRICS, PRIMARY CARE, INTERNAL MEDICINE, PRIMARY CARE OBSTETRICS,
   28  OR PRIMARY CARE GYNECOLOGY, WITHOUT REGARD TO BOARD CERTIFICATION.
   29    S  2.  On  or before January 1, 2016, the commissioner of health shall
   30  evaluate and report on the impact of this act with respect to the number
   31  of persons who are screened for hepatitis C and the  number  of  persons
   32  who  have  accessed care following a positive test. Such report shall be
   33  submitted to the governor and to the chairs of the assembly  and  senate
   34  committees on health.
   35    S  3. This act shall take effect on the first of January next succeed-
   36  ing the date on which it shall have become a law and shall expire and be
   37  deemed repealed January 1, 2020; provided, however, that the commission-
   38  er of health is authorized to adopt rules and regulations  necessary  to
   39  implement this act prior to such effective date.