Bill Text: NY S04359 | 2023-2024 | General Assembly | Introduced
Bill Title: Relates to the treatment of domestic violence victims and documentation of injury and evidence; provides the type of evidence to be collected and maintained; provides that the office of victim services shall cover the costs of the domestic violence forensic exam; makes related provisions.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-01-03 - REFERRED TO HEALTH [S04359 Detail]
Download: New_York-2023-S04359-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 4359 2023-2024 Regular Sessions IN SENATE February 7, 2023 ___________ Introduced by Sen. FERNANDEZ -- read twice and ordered printed, and when printed to be committed to the Committee on Health AN ACT to amend the public health law and the executive law, in relation to the treatment of domestic violence victims and documentation of injury and evidence The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 2805-z of the public health law, as amended by 2 chapter 37 of the laws of 2020, is amended to read as follows: 3 § 2805-z. Hospital domestic violence policies and procedures. 1. Every 4 general hospital shall: (a) develop, maintain and disseminate written 5 policies and procedures for the identification, assessment, treatment 6 and referral of confirmed or suspected cases of domestic violence; (b) 7 establish, and implement on an ongoing basis, a training program for all 8 nursing, medical, social work and other clinical personnel, and security 9 personnel working in hospital service units regarding the policies and 10 procedures established pursuant to this section; and (c) designate a 11 staff member to contact the domestic violence or victim assistance 12 organization identified by the commissioner under subdivision [three] 13 seven of this section providing victim assistance to the geographic area 14 served by such hospital to establish the coordination of services to 15 domestic violence victims. 16 2. Upon admittance or commencement of treatment of a confirmed or 17 suspected domestic violence victim, such hospital shall advise the 18 victim of the availability of the services of a domestic violence or 19 victim assistance organization. If after receiving such advice the 20 domestic violence victim wishes the presence of a domestic violence or 21 victim assistance advocate, such hospital shall contact the appropriate 22 organization and request that one be provided. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD08687-01-3S. 4359 2 1 3. Upon the request and consent of the patient, every hospital provid- 2 ing treatment to alleged victims of domestic violence shall be responsi- 3 ble for: 4 (a) providing documentation of domestic violence evidence, including 5 but not limited to the maintenance of domestic violence evidence and the 6 chain of custody as provided in subdivision four of this section; 7 (b) contacting a domestic violence assistance organization or shelter, 8 if any, providing domestic violence services and assistance to the 9 geographic area served by the hospital to establish the coordination of 10 non-medical services to domestic violence victims who request such coor- 11 dination and services; and 12 (c) ensuring that domestic violence victims are not billed for domes- 13 tic violence forensic exams and are notified orally and in writing of 14 the option to decline to provide private health insurance information 15 and have the office of victim services reimburse the hospital for the 16 exam pursuant to subdivision thirteen of section six hundred thirty-one 17 of the executive law. 18 4. Domestic violence evidence shall be collected and maintained as 19 follows: 20 (a) All domestic violence evidence, including but not limited to 21 photographic evidence, shall be provided to the alleged victim upon 22 their request. Upon the consent of the victim, all domestic violence 23 evidence, including photographic evidence, shall be kept in a locked, 24 separate and secure area for five years from the date of collection; 25 provided that such evidence shall be transferred to a new location or 26 locations pursuant to this subdivision. 27 (b) Domestic violence evidence shall include, but not be limited to, 28 slides, cotton swabs, photographs, clothing and other items. Where 29 appropriate, such items shall be refrigerated and the cloths and swabs 30 shall be dried, stored in paper bags, and labeled. Each item of 31 evidence shall be marked and logged with a code number corresponding to 32 the alleged domestic violence victim's medical record. 33 (c) Upon collection, the hospital shall notify the alleged domestic 34 violence victim that, after five years, the domestic violence evidence 35 will be discarded in compliance with state and local health codes and 36 that the alleged domestic violence victim's clothes or personal effects 37 will be returned to the alleged domestic violence victim at any time 38 upon request. The alleged domestic violence victim shall be given the 39 option of providing contact information for purposes of receiving notice 40 of the planned destruction of such evidence after the expiration of the 41 five-year period. 42 5. Nothing within this section shall preclude the reporting hospital 43 from using the resources, procedures, or means of notification previous- 44 ly established under any other law with respect to the collection of 45 evidence that does not mitigate or abrogate any responsibilities herein. 46 6. Notwithstanding any provision of this section, where the person is 47 an alleged victim of a sexual assault or offense the hospital shall 48 treat and maintain evidence in accordance with section twenty-eight 49 hundred five-i of this article. 50 [3] 7. The commissioner shall promulgate such rules and regulations as 51 may be necessary and proper to carry out effectively the provisions of 52 this section. Prior to promulgating such rules and regulations, the 53 commissioner shall consult with the office for the prevention of domes- 54 tic violence and other such persons as the commissioner deems necessary 55 to develop a model policy for hospitals to utilize in complying with 56 this section and to identify the domestic violence or victim assistanceS. 4359 3 1 organizations operating in each hospital's geographic area, a list of 2 which the commissioner shall provide to hospitals with the model policy. 3 § 2. Subdivision 1 of section 631 of the executive law, as separately 4 amended by chapters 189 and 295 of the laws of 2018, is amended to read 5 as follows: 6 1. No award shall be made unless the office finds that (a) a crime was 7 committed, (b) such crime directly resulted in personal physical injury 8 to or the exacerbation of a preexisting disability, or condition, or 9 death of, the victim, and (c) criminal justice agency records show that 10 such crime was promptly reported to the proper authorities; and in no 11 case may an award be made where the criminal justice agency records show 12 that such report was made more than one week after the occurrence of 13 such crime unless the office, for good cause shown, finds the delay to 14 have been justified. Notwithstanding the foregoing provisions of this 15 subdivision, in cases involving an alleged sex offense as contained in 16 article one hundred thirty of the penal law or incest as defined in 17 section 255.25, 255.26 or 255.27 of the penal law or labor trafficking 18 as defined in section 135.35 of the penal law or sex trafficking as 19 defined in sections 230.34 and 230.34-a of the penal law or an offense 20 chargeable as a family offense as described in section eight hundred 21 twelve of the family court act or section 530.11 of the criminal proce- 22 dure law, the criminal justice agency report need only be made within a 23 reasonable time considering all the circumstances, including the 24 victim's physical, emotional and mental condition and family situation. 25 For the purposes of this subdivision, "criminal justice agency" shall 26 include, but not be limited to, a police department, a district attor- 27 ney's office, and any other governmental agency having responsibility 28 for the enforcement of the criminal laws of the state provided, however, 29 that in cases involving such sex offense or family offense a criminal 30 justice agency shall also mean a family court, a governmental agency 31 responsible for child and/or adult protective services pursuant to title 32 six of article six of the social services law and/or title one of arti- 33 cle nine-B of the social services law, and any medical facility estab- 34 lished under the laws of the state that provides a forensic physical 35 examination for victims of rape and sexual assault or a forensic exam- 36 ination of domestic violence victims pursuant to section twenty-eight 37 hundred five-z of the public health law. 38 § 3. Section 631 of the executive law is amended by adding a new 39 subdivision 19 to read as follows: 40 19. Notwithstanding any other provision of law, rule, or regulation to 41 the contrary, when any New York state accredited hospital, accredited 42 sexual assault examiner program, or licensed health care provider 43 furnishes services to any alleged domestic violence victim, including 44 but not limited to a forensic examination of domestic violence victims 45 pursuant to section twenty-eight hundred five-z of the public health law 46 in accordance with the domestic violence offense evidence collection 47 protocol and standards established by the department of health, such 48 hospital, sexual assault examiner program, or licensed health care 49 provider shall provide such services to the person without charge and 50 shall bill the office directly. The office, in consultation with the 51 department of health, shall define the specific services to be covered 52 by the domestic violence forensic exam reimbursement fee, which must 53 include at a minimum forensic examiner services, hospital or health care 54 facility services related to the exam, and related laboratory tests. The 55 office, in consultation with the department of health, shall also gener- 56 ate the necessary regulations and forms for the direct reimbursementS. 4359 4 1 procedure. The rate for reimbursement shall be the amount of itemized 2 charges not exceeding eight hundred dollars, to be reviewed and adjusted 3 annually by the office in consultation with the department of health. 4 The hospital, sexual assault examiner program, or licensed health care 5 provider must accept this fee as payment in full for these specified 6 services. No additional billing of the victim for said services is 7 permissible. A domestic violence victim may voluntarily assign any 8 private insurance benefits to which he or she is entitled for the health 9 care forensic examination, in which case the hospital or health care 10 provider may not charge the office; provided, however, in the event the 11 domestic violence victim assigns any private health insurance benefit, 12 such coverage shall not be subject to annual deductibles or coinsurance 13 or balance billing by the hospital, sexual assault examiner program or 14 licensed health care provider. A hospital, sexual assault examiner 15 program or licensed health care provider shall, at the time of the 16 initial visit, request assignment of any private health insurance bene- 17 fits to which the domestic violence victim is entitled on a form 18 prescribed by the office; provided, however, such domestic violence 19 victim shall be advised orally and in writing that he or she may decline 20 to provide such information regarding private health insurance benefits 21 if he or she believes that the provision of such information would 22 substantially interfere with his or her personal privacy or safety and 23 in such event, the domestic violence forensic exam fee shall be paid by 24 the office. Such domestic violence victim shall also be advised that 25 providing such information may provide additional resources to pay for 26 services to other victims. If he or she declines to provide such health 27 insurance information, he or she shall indicate such decision on the 28 form provided by the hospital, sexual assault examiner program or 29 licensed health care provider, which form shall be prescribed by the 30 office. 31 § 4. This act shall take effect immediately.
