Bill Text: NY S06964 | 2017-2018 | General Assembly | Amended

---

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: Moderate Partisan Bill (Republican 18-5)

Status: (Introduced - Dead) 2018-06-20 - COMMITTED TO RULES [S06964 Detail]

Download: New_York-2017-S06964-Amended.html

---

                STATE OF NEW YORK
        ________________________________________________________________________
                                         6964--A
            Cal. No. 157
                               2017-2018 Regular Sessions
                    IN SENATE
                                    December 1, 2017
                                       ___________
        Introduced  by  Sens.  HANNON,  AMEDORE,  CROCI, GOLDEN, LARKIN, O'MARA,
          RANZENHOFER, RITCHIE, SAVINO, VALESKY -- read twice and ordered print-
          ed, and when printed to be committed to  the  Committee  on  Rules  --
          recommitted  to the Committee on Health in accordance with Senate Rule
          6, sec. 8 -- reported favorably from said committee, ordered to  first
          and  second  report,  ordered  to a third reading, amended and ordered
          reprinted, retaining its place in the order of third reading
        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-
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13870-03-8
        S. 6964--A                          2
     1  gency room department shall provide or arrange for  an  appointment  for
     2  medical  follow-up  related  to  HIV post-exposure prophylaxis and other
     3  care as appropriate; and
     4    (d)  ensuring  sexual  assault  survivors  are  not  billed for sexual
     5  assault forensic exams and are notified orally and  in  writing  of  the
     6  option  to  decline  to provide private health insurance information and
     7  have the office of victim services reimburse the hospital for  the  exam
     8  pursuant  to  subdivision  thirteen of section six hundred thirty-one of
     9  the executive law.
    10    § 2. Subdivision 13 of section 631 of the executive law, as amended by
    11  chapter 39 of the laws of 2012, is amended to read as follows:
    12    13. Notwithstanding any other provision of law, rule, or regulation to
    13  the contrary, when any New York state  accredited  hospital,  accredited
    14  sexual  assault  examiner  program,  or  licensed  health  care provider
    15  furnishes services to any sexual assault  survivor,  including  but  not
    16  limited to a health care forensic examination in accordance with the sex
    17  offense  evidence  collection  protocol and standards established by the
    18  department of health, such hospital, sexual assault examiner program, or
    19  licensed healthcare provider shall provide such services to  the  person
    20  without  charge  and  shall  bill  the  office  directly. The office, in
    21  consultation with the department of health, shall  define  the  specific
    22  services to be covered by the sexual assault forensic exam reimbursement
    23  fee,  which must include at a minimum forensic examiner services, hospi-
    24  tal or healthcare facility services related to  the  exam,  and  related
    25  laboratory tests and necessary pharmaceuticals; including but not limit-
    26  ed  to  HIV  post-exposure  prophylaxis provided by a hospital emergency
    27  room at the time of the forensic rape examination pursuant to  paragraph
    28  (c)  of  subdivision  one  of section twenty-eight hundred five-i of the
    29  public health law. Follow-up HIV post-exposure prophylaxis  costs  shall
    30  continue to be reimbursed according to established office procedure. The
    31  office, in consultation with the department of health, shall also gener-
    32  ate  the  necessary  regulations  and forms for the direct reimbursement
    33  procedure. The rate for reimbursement shall be the  amount  of  itemized
    34  charges not exceeding eight hundred dollars, to be reviewed and adjusted
    35  annually  by  the  office in consultation with the department of health.
    36  The hospital, sexual assault examiner program, or licensed  health  care
    37  provider  must  accept  this  fee as payment in full for these specified
    38  services. No additional billing of the survivor  for  said  services  is
    39  permissible.  A  sexual  assault  survivor  may  voluntarily  assign any
    40  private insurance benefits to which  she  or  he  is  entitled  for  the
    41  healthcare  forensic  examination, in which case the hospital or health-
    42  care provider may not charge the office; provided, however, in the event
    43  the sexual assault survivor assigns any private health  insurance  bene-
    44  fit, such coverage shall not be subject to annual deductibles or coinsu-
    45  rance  or  balance  billing  by  the  hospital,  sexual assault examiner
    46  program or licensed health care provider.   A hospital,  sexual  assault
    47  examiner  program or licensed health care provider shall, at the time of
    48  the initial visit, request assignment of any  private  health  insurance
    49  benefits  to  which  the  sexual  assault survivor is entitled on a form
    50  prescribed by the office; provided, however, such sexual assault  survi-
    51  vor shall be advised orally and in writing that he or she may decline to
    52  provide  such information regarding private health insurance benefits if
    53  he or she believes that the provision of such information would substan-
    54  tially interfere with his or her personal privacy or safety and in  such
    55  event, the sexual assault forensic exam fee shall be paid by the office.
    56  Such  sexual  assault survivor shall also be advised that providing such
        S. 6964--A                          3
     1  information may provide additional resources  to  pay  for  services  to
     2  other  sexual  assault  victims.  If  he or she declines to provide such
     3  health insurance information, he or she shall indicate such decision  on
     4  the  form  provided  by the hospital, sexual assault examiner program or
     5  licensed health care provider, which form shall  be  prescribed  by  the
     6  office.
     7    § 3. Subsection (i) of section 3216 of the insurance law is amended by
     8  adding a new paragraph 34 to read as follows:
     9    (34)  Health  care forensic examinations performed pursuant to section
    10  twenty-eight hundred five-i of the public health law covered  under  the
    11  policy shall not be subject to annual deductibles or coinsurance.
    12    § 4. Subsection (l) of section 3221 of the insurance law is amended by
    13  adding a new paragraph 20 to read as follows:
    14    (20)  Health  care forensic examinations performed pursuant to section
    15  twenty-eight hundred five-i of the public health law covered  under  the
    16  policy shall not be subject to annual deductibles or coinsurance.
    17    §  5.  Section  4303  of  the insurance law is amended by adding a new
    18  subsection (rr) to read as follows:
    19    (rr) Health care forensic examinations performed pursuant  to  section
    20  twenty-eight  hundred  five-i of the public health law covered under the
    21  contract shall not be subject to annual deductibles or coinsurance.
    22    § 6. This act shall take effect immediately, and shall  apply  to  all
    23  policies  and contracts issued, renewed, modified, altered or amended on
    24  or after the first of January next succeeding such effective date.