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A01286 Summary:

BILL NOA01286A
 
SAME ASSAME AS S02750-A
 
SPONSORZebrowski
 
COSPNSRMiller, Englebright, Jaffee, Rosenthal, Millman, Titone, Benedetto, Roberts, Galef, Robinson, Boyland, O'Donnell, Weprin, Hooper, Stirpe, Rodriguez, Gunther, Mosley, Gottfried, Bronson
 
MLTSPNSRAbbate, Arroyo, Brennan, Crouch, Gabryszak, Jacobs, Ortiz, Perry, Rivera, Saladino, Simanowitz, Sweeney
 
Add S2171, Pub Health L
 
Requires hospitals to offer hepatitis C testing.
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A01286 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A1286A
 
SPONSOR: Zebrowski
  TITLE OF BILL: An act to amend the public health law, in relation to requiring hospitals to offer hepatitis C testing; and providing for the repeal of such provisions upon expiration thereof   PURPOSE: This bill will require individuals born between 1945 and 1965 to be offered hepatitis C screening tests when receiving health services from hospital inpatient care or outpatient care.   SUMMARY OF PROVISIONS: Section 1 of the bill amends the public health law by adding a new section 2171 as it relates to requiring certain health service providers to offer hepatitis C screening tests to individuals born between 1945 and 1965 unless the individual is being treated for a life threatening emergency or has previously been offered or tested or they lack the ability to consent. It also provides that should a screening test be positive or reactive, the provider shall offer follow-up health care including a hepatitis C diagnostic test or refer the individual to a provider who can. Section 2 of the bill requires the DOH Commissioner to evaluate the impact of this Act and report to the Governor and Legislature. Section 3 of the bill relates to the effective date.   JUSTIFICATION: The Center for Disease Control (CDC) has recently released a report detailing birth cohort testing guidelines that identi- fied baby boomers or those born between 1945 and 1965 as at risk for hepatitis C. There is an estimated 3.2 million Americans infected with hepatitis C and 75% of them are people born between 1945 and 1965. According to the CDC report, 45-85% of those individuals living with hepatitis C are unaware of their infection status. This legislation will require hospitals and certain health care providers to offer hepatitis C testing to baby boomers. There have been great advances over the past few years in treatments for hepatitis C and many can be cured. By increasing testing opportunities, this legislation will ensure that more individuals living with hepatitis C become aware of their infection status and get available treatment.   LEGISLATIVE HISTORY: A/10595 of 2011-12   FISCAL IMPLICATIONS: Savings as those identified and treated in a timely manner will avoid the high cost associated with caring for patients suffering unnecessary liver disease and other hep C related conditions.   EFFECTIVE DATE: This act shall take effect on the l day of January after it shall become law and shall be deemed repealed January 1, 2020.
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A01286 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         1286--A
                                                                Cal. No. 191
 
                               2013-2014 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (Prefiled)
 
                                     January 9, 2013
                                       ___________
 
        Introduced  by  M. of A. ZEBROWSKI, MILLER, ENGLEBRIGHT, MAISEL, JAFFEE,
          ROSENTHAL, GIBSON, MILLMAN, TITONE, BENEDETTO, ROBERTS, GALEF,  ROBIN-
          SON,  BOYLAND,  O'DONNELL, WEPRIN, HOOPER, STIRPE, RODRIGUEZ, GUNTHER,

          MOSLEY, GOTTFRIED, BRONSON -- Multi-Sponsored by -- M. of  A.  ABBATE,
          BRENNAN,  CROUCH,  GABRYSZAK,  JACOBS,  ORTIZ, PERRY, RABBITT, RIVERA,
          SALADINO, SIMANOWITZ, SWEENEY -- read once and referred to the Commit-
          tee on Health -- reported from committee, advanced to a third reading,
          amended and ordered reprinted, retaining its place  on  the  order  of
          third reading
 
        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    §  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
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00481-07-3

        A. 1286--A                          2
 
     1    (b) the individual has previously been offered or has been the subject
     2  of a hepatitis C screening test (except that a test shall be offered  if
     3  otherwise indicated); or
     4    (c)  the individual lacks capacity to consent to a hepatitis C screen-
     5  ing test.
     6    2. If an individual accepts the offer of a hepatitis C screening  test

     7  and  the  screening  test  is  reactive,  the health care provider shall
     8  either offer the individual follow-up health care or refer the  individ-
     9  ual to a health care provider who can provide follow-up health care. The
    10  follow-up health care shall include a hepatitis C diagnostic test.
    11    3.  The  offering  of hepatitis C screening testing under this section
    12  shall be culturally and linguistically appropriate  in  accordance  with
    13  rules and regulations promulgated by the commissioner.
    14    4.  This  section shall not affect the scope of practice of any health
    15  care practitioner or diminish any authority  or  legal  or  professional
    16  obligation  of  any  health  care  practitioner  to  offer a hepatitis C

    17  screening test or hepatitis C diagnostic test or to provide services  or
    18  care  for  the  subject  of  a hepatitis C screening test or hepatitis C
    19  diagnostic test.
    20    5. Definitions. As used in this section,  the  following  terms  shall
    21  have the following meanings:
    22    (a)  "Hepatitis  C  diagnostic test" shall mean any laboratory test or
    23  tests that detect the presence of hepatitis C virus  in  the  blood  and
    24  provides  confirmation of whether the individual has a hepatitis C virus
    25  infection.
    26    (b) "Hepatitis C screening test" shall mean any  laboratory  screening
    27  test  or  tests that detect the presence of hepatitis C virus antibodies
    28  in the blood.

    29    (c) "Primary care" means the medical fields of family medicine, gener-
    30  al pediatrics, primary care, internal medicine, primary care obstetrics,
    31  or primary care gynecology, without regard to board certification.
    32    § 2. On or before January 1, 2016, the commissioner  of  health  shall
    33  evaluate and report on the impact of this act with respect to the number
    34  of  persons  who  are screened for hepatitis C and the number of persons
    35  who have accessed care following a positive test. Such report  shall  be
    36  submitted  to  the governor and to the chairs of the assembly and senate
    37  committees on health.
    38    § 3. This act shall take effect on the first of January next  succeed-
    39  ing the date on which it shall have become a law and shall expire and be
    40  deemed repealed January 1, 2020; provided, however, that the commission-

    41  er  of  health is authorized to adopt rules and regulations necessary to
    42  implement this act prior to such effective date.
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