Requires health care providers to inform eligible patients who have tested positive and who are at high risk of severe illness from COVID-19 of the option for monoclonal antibody treatment and to administer such therapy or assist the patient in obtaining the treatment from another provider.
STATE OF NEW YORK
________________________________________________________________________
4585--A
2021-2022 Regular Sessions
IN ASSEMBLY
February 4, 2021
___________
Introduced by M. of A. RAJKUMAR, LAVINE, GLICK, BICHOTTE HERMELYN,
WEPRIN, NOLAN, EICHENSTEIN, HEVESI, SEPTIMO, ANDERSON, BRAUNSTEIN,
GALEF, GALLAGHER, COOK, CYMBROWITZ, SEAWRIGHT, FORREST, MAGNARELLI,
DILAN -- read once and referred to the Committee on Health -- commit-
tee discharged, bill amended, ordered reprinted as amended and recom-
mitted to said committee
AN ACT to amend the public health law, in relation to administration of
the monoclonal antibody treatment for high risk patients suffering
from COVID-19
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Short title. This act shall be known and may be cited as
2 the "COVID-19 Early Intervention Act".
3 § 2. Legislative intent. Monoclonal antibody treatment has been shown
4 to prevent people at high risk of severe COVID-19 disease from hospi-
5 talization or death if the treatment is administered within 10 days of
6 the patient showing symptoms. Even though this FDA-approved treatment
7 is shown to be life-saving, the treatment is often unused by health care
8 providers. Drug manufacturer Eli Lilly released a study indicating that
9 the treatment decreased the rate of hospitalizations and death by 70%.
10 The intent of this legislation is to require hospitals and other health
11 providers to inform high risk patients of the availability of the mono-
12 clonal antibody treatment and to administer it to consenting patients
13 where supplies exist. This can include treatment by any drug company
14 that manufactures the monoclonal antibody treatment, including but not
15 limited to Eli Lily or Regeneron.
16 § 3. Section 2182 of the public health law is renumbered section 2183
17 and a new section 2182 is added to read as follows:
18 § 2182. Monoclonal antibody treatment. 1. Hospitals and health care
19 providers shall be required to inform patients at high risk of hospital-
20 ization or severe illness due to COVID-19 of the option of monoclonal
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09121-05-1
A. 4585--A 2
1 antibody treatment where such patient has tested positive for COVID-19
2 and where such treatment is medically appropriate.
3 2. For the purposes of this section, "high risk" means patients who
4 have one or more of several qualifying conditions. Qualifying conditions
5 include either age over sixty-five years, or co-morbidities including
6 but not limited to advanced chronic kidney disease, heart failure,
7 pulmonary disease, cystic fibrosis, solid organ or stem cell transplant,
8 active chemotherapy for acute leukemia, lymphoma, or myeloma,
9 Parkinson's disease, use of immunosuppressive therapy, diabetes requir-
10 ing medication, or a body mass index (BMI) greater than thirty-five.
11 3. Hospitals and health care providers shall be required to administer
12 the monoclonal antibody treatment to high risk patients who consent to
13 such treatment and where the hospital or provider has access to the
14 treatment. The treatment must be administered to the patient within six
15 hours of the patient receiving a positive COVID-19 test result, except
16 under extenuating circumstances, and within ten days of the patient's
17 onset of symptoms relating to COVID-19.
18 4. If a hospital or health care provider does not have the treatment
19 available, they shall assist the patient with the process of obtaining
20 an appointment or referral to another facility or provider who can
21 administer the monoclonal antibody treatment within the timeframes set
22 forth in this section or otherwise specified by the department or the
23 FDA.
24 5. Each hospital and health care provider shall provide patients with
25 a form, to be developed by the department, requiring his or her signa-
26 ture acknowledging that he or she has been informed of the option for
27 monoclonal antibody treatment and indicating whether or not they elect
28 to receive such treatment.
29 § 4. This act shall take effect on the thirtieth day after it shall
30 have become a law.