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A01286 Summary:

BILL NO    A01286A

SAME AS    SAME AS S02750-A

SPONSOR    Zebrowski

COSPNSR    Miller, Englebright, Jaffee, Rosenthal, Millman, Titone, Benedetto,
           Roberts, Galef, Robinson, Boyland, O'Donnell, Weprin, Hooper, Stirpe,
           Rodriguez, Gunther, Mosley, Gottfried, Bronson

MLTSPNSR   Abbate, 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 Actions:

BILL NO    A01286A

01/09/2013 referred to health
04/23/2013 reported 
04/25/2013 advanced to third reading cal.191
05/29/2013 amended on third reading (t) 1286a
06/10/2013 passed assembly
06/10/2013 delivered to senate
06/10/2013 REFERRED TO FINANCE
06/20/2013 SUBSTITUTED FOR S2750A
06/20/2013 3RD READING CAL.997
06/20/2013 PASSED SENATE
06/20/2013 RETURNED TO ASSEMBLY
10/11/2013 delivered to governor
10/23/2013 signed chap.425
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A01286 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                        1286--A
                                                               Cal. No. 191

                              2013-2014 Regular Sessions

                                 I N  A S S E M B L Y

                                      (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    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

        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    S 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    S 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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