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A02355 Summary:

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A02355 Floor Votes:

A02355 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         2355--A
 
                               2009-2010 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 15, 2009
                                       ___________
 
        Introduced by M. of A. JAFFEE, SCHIMEL, KOLB, BENEDETTO, SPANO, CALHOUN,
          DelMONTE,  CAHILL,  ZEBROWSKI,  ALFANO,  JOHN,  GUNTHER,  CHRISTENSEN,
          JEFFRIES,  PAULIN,  SWEENEY,   FIELDS,   GOTTFRIED,   MAISEL,   FINCH,
          O'DONNELL,  MARKEY, ESPAILLAT, N. RIVERA, ROSENTHAL -- Multi-Sponsored
          by -- M. of A. BALL, CLARK, COLTON,  CROUCH,  ERRIGO,  GALEF,  HOOPER,

          HYER-SPENCER,  JACOBS,  KELLNER,  KOON,  LATIMER,  P. LOPEZ,  LUPARDO,
          MAGNARELLI, McDONOUGH, McENENY, PHEFFER, ROBINSON, SCARBOROUGH,  SCOZ-
          ZAFAVA,  WEISENBERG  --  read  once  and  referred to the Committee on
          Health -- recommitted to the Committee on Health  in  accordance  with
          Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
          reprinted as amended and recommitted to said committee
 
        AN ACT to amend the public health law and the executive law, in relation
          to financial assistance from the crime victims board for post-exposure
          prophylaxis treatment for victims of sexual assault
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Paragraph (c) of subdivision 1 of  section  2805-i  of  the

     2  public  health  law,  as  added  by  chapter 571 of the laws of 2007, is
     3  amended to read as follows:
     4    (c) offering and making available appropriate HIV post-exposure treat-
     5  ment therapies in cases where it has been determined, in accordance with
     6  guidelines issued by the commissioner, that a  significant  exposure  to
     7  HIV  has  occurred, and informing the victim that payment assistance for
     8  such therapies [may be] is available from the crime victims board pursu-
     9  ant to the provisions  of  article  twenty-two  of  the  executive  law;
    10  provided, however, that a forensic rape examination shall include a nine
    11  day  starter  pack  to be provided by the hospital emergency room at the
    12  time of the forensic rape examination. The hospital emergency room shall

    13  determine which clinic within the hospital or if more convenient for the
    14  victim, another hospital  or  clinic,  where  follow-up  care  shall  be
    15  provided.  In  rural  counties pursuant to subdivision twelve of section
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03647-06-0
        A. 2355--A                          2
 
     1  two hundred thirty-eight of this chapter, where hospitals  do  not  have
     2  the  appropriate  facility  to  accommodate follow-up care, the hospital
     3  emergency room department shall refer the victim to the  county  depart-

     4  ment  of health, which, in turn shall provide referral services for such
     5  follow-up care.  The hospitals, clinics, and rural county health depart-
     6  ments as referenced above are the billing entities.
     7    § 2. Subdivision 13 of section 631 of the executive law, as amended by
     8  section 1 of part E of chapter 56 of the laws of 2009, is amended and  a
     9  new subdivision 13-a is added to read as follows:
    10    13. Notwithstanding any other provision of law, rule, or regulation to
    11  the  contrary,  when  any New York state accredited hospital, accredited
    12  sexual assault  examiner  program,  or  licensed  health  care  provider
    13  furnishes  services  to  any  sexual assault survivor, including but not
    14  limited to a health care forensic examination in accordance with the sex
    15  offense evidence collection protocol and standards  established  by  the

    16  department of health, such hospital, sexual assault examiner program, or
    17  licensed  healthcare  provider shall provide such services to the person
    18  without charge and shall bill the board directly. The board, in  consul-
    19  tation with the department of health, shall define the specific services
    20  to  be  covered  by  the sexual assault forensic exam reimbursement fee,
    21  which must include at a minimum forensic examiner services, hospital  or
    22  healthcare facility services related to the exam, and related laboratory
    23  tests  and  pharmaceuticals.  [Follow-up  HIV  post-exposure prophylaxis
    24  costs shall continue to be reimbursed  according  to  established  board
    25  procedure.]  The  board,  in consultation with the department of health,
    26  shall also generate the necessary regulations and forms for  the  direct

    27  reimbursement  procedure. The rate for reimbursement shall be the amount
    28  of itemized charges not exceeding eight hundred dollars, to be  reviewed
    29  and  adjusted  annually by the board in consultation with the department
    30  of health. The hospital, sexual assault examiner  program,  or  licensed
    31  health  care  provider must accept this fee as payment in full for these
    32  specified services. No additional  billing  of  the  survivor  for  said
    33  services  is  permissible.  A  sexual  assault  survivor may voluntarily
    34  assign any private insurance benefits to which she or he is entitled for
    35  the healthcare forensic examination,  in  which  case  the  hospital  or
    36  healthcare provider may not charge the board. A hospital, sexual assault
    37  examiner  program or licensed health care provider shall, at the time of
    38  the initial visit, request assignment of any  private  health  insurance

    39  benefits  to  which  the  sexual  assault survivor is entitled on a form
    40  prescribed by the board; provided, however, such sexual assault survivor
    41  shall be advised orally and in writing that he or  she  may  decline  to
    42  provide  such information regarding private health insurance benefits if
    43  he or she believes that the provision of such information would substan-
    44  tially interfere with his or her personal privacy or safety and in  such
    45  event,  the sexual assault forensic exam fee shall be paid by the board.
    46  [Such sexual assault survivor shall also be advised that providing  such
    47  information  may  provide  additional  resources  to pay for services to
    48  other sexual assault victims.] If he or she  declines  to  provide  such
    49  health  insurance information, he or she shall indicate such decision on

    50  the form provided by the hospital, sexual assault  examiner  program  or
    51  licensed  health  care  provider,  which form shall be prescribed by the
    52  board.
    53    13-a. Notwithstanding any other provisions of law, rule, or regulation
    54  to the contrary, when any billing entity provides prophylactic treatment
    55  for significant possible exposure to HIV to a victim of  sexual  assault
    56  as prescribed by a licensed healthcare provider, such treatment shall be
        A. 2355--A                          3
 
     1  provided  to  the  person without charge and the pharmacy shall bill the
     2  board directly. The  board,  in  consultation  with  the  department  of
     3  health,  shall  generate  the  necessary  regulations  and forms for the

     4  direct  reimbursement  procedure.  The  rate  for reimbursement shall be
     5  established and reviewed and adjusted at least annually by the board  in
     6  consultation  with  the  department  of  health. The billing entity must
     7  accept this fee as payment  in  full  for  the  specified  post-exposure
     8  prophylactic  treatment therapies. No additional billing of the survivor
     9  for said medications is  permissible.  A  sexual  assault  survivor  may
    10  voluntarily  assign any private insurance benefits to which she or he is
    11  entitled for the prophylactic medications, in  which  case  the  billing
    12  entity  may not charge the board. A billing entity shall, at the time of
    13  the initial visit, request assignment of any  private  health  insurance

    14  benefits  to  which  the  sexual  assault survivor is entitled on a form
    15  prescribed by the board; provided, however, such sexual assault survivor
    16  shall be advised orally and in writing that he or  she  may  decline  to
    17  provide  such information regarding private health insurance benefits if
    18  he or she believes that the provision of such information would substan-
    19  tially interfere with his or her personal privacy or safety and, in such
    20  event, the prophylactic treatment fee shall be paid by the board. If  he
    21  or  she declines to provide such health insurance information, he or she
    22  shall indicate such decision on the form provided by the billing entity,
    23  which form shall be prescribed by the board.  The nine day starter  pack

    24  provided  to  the victim pursuant to paragraph (c) of subdivision one of
    25  section twenty-eight hundred five-i of the public health  law  shall  be
    26  considered part of the forensic rape examination and billed accordingly.
    27  For  the  remaining twenty-one days of treatment, the appropriate clinic
    28  or in a rural area, the county department  of  health,  shall  bill  the
    29  crime  victims  board  and be reimbursed by such board. If the victim is
    30  not seeking  reimbursement  from  the  board,  such  victim  can  choose
    31  follow-up care by attending the appropriate clinic or seeking a provider
    32  of his or her choice.
    33    §  3. Paragraph (b) of subdivision 2 of section 631-a of the executive
    34  law, as amended by chapter 263 of the laws of 1986, is amended  to  read
    35  as follows:

    36    (b)  These  regulations shall also provide for services including, but
    37  not limited to:
    38    (i) assistance to claimants seeking crime victims  compensation  bene-
    39  fits;
    40    (ii) referrals, crisis intervention and other counseling services;
    41    (iii) services to elderly victims and to child victims and their fami-
    42  lies;
    43    (iv) transportation and household assistance; [and]
    44    (v)  outreach  to  the  community  and  education  and training of law
    45  enforcement and other criminal justice officials to the needs  of  crime
    46  victims;
    47    (vi)  prophylactic  treatment  therapies  in  cases  where it has been
    48  determined that a significant exposure to HIV has occurred; and
    49    (vii) identifying health care  providers  across  the  state  who  can

    50  provide  follow-up care for victims including but not limited to how and
    51  where to access HIV post-exposure prophylaxis.
    52    § 4. This act shall take effect on the one hundred eightieth day after
    53  it shall have become a law.