A10186 Summary:

BILL NOA10186
 
SAME ASSAME AS S07169
 
SPONSORWoerner
 
COSPNSRJenne, Fahy, Stirpe, Hunter, Simon, Pichardo, Davila
 
MLTSPNSR
 
Amd §206-b, Pub Health L
 
Establishes a pilot program for Lyme and tick-borne disease testing in children.
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A10186 Actions:

BILL NOA10186
 
03/22/2018referred to health
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A10186 Committee Votes:

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A10186 Floor Votes:

There are no votes for this bill in this legislative session.
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A10186 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          10186
 
                   IN ASSEMBLY
 
                                     March 22, 2018
                                       ___________
 
        Introduced  by M. of A. WOERNER -- read once and referred to the Commit-
          tee on Health
 
        AN ACT to amend the public health law, in relation to creating  a  pilot
          program for Lyme and tick-borne disease testing in children
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Section 206-b of the public health law, as added by chapter
     2  260 of the laws of 1988, is amended to read as follows:
     3    § 206-b. Lyme and tick-borne disease.  1.  Special  requirements  with
     4  respect to Lyme disease diagnosis.  [1.] a. Within thirty days after the
     5  effective  date  of  this  section,  the commissioner shall, in writing,
     6  order every physician practicing  in  Suffolk,  Westchester  and  Nassau
     7  counties  to  review  the  medical records of any patient such physician
     8  treated during the period commencing  January  first,  nineteen  hundred
     9  seventy-five and ending on the date of such order wherein such physician
    10  made  a  diagnosis  of  juvenile  rheumatoid arthritis and to review the
    11  circumstances of such diagnosis to reconsider whether such  patient  has
    12  suffered,  or  is  suffering,  from  the  complex, multi-system disorder
    13  caused by the bacterium Borrelia burgdorferi, which disease is transmit-
    14  ted by the Ixodes dammini tick and is  commonly  referred  to  as  "Lyme
    15  disease".  In any case where a hospital or other health care institution
    16  or provider has custody or control of the medical records for a  patient
    17  so  diagnosed,  upon  request such physician shall be entitled to review
    18  such medical records for purposes of complying with such  order  or  the
    19  commissioner  may  order any such hospital or other health care institu-
    20  tion or provider wherever situated  within  the  state  to  review  such
    21  records to reconsider a diagnosis of Lyme disease.
    22    [2.]  b.  The  commissioner, upon a showing that there is a reasonable
    23  basis to believe that  the  order  provided  for  herein  has  not  been
    24  complied  with,  shall  be entitled to apply to a justice of the supreme
    25  court for an order requiring  any  such  physician  to  submit  for  the
    26  commissioner's  consideration  such  records,  charts or other pertinent
    27  data which will enable him to determine  whether  there  has  been  full
    28  compliance with such order.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13805-01-7

        A. 10186                            2
 
     1    [3.]  c.  In  any case where a review of such records indicates that a
     2  patient may have been, or is, suffering from Lyme disease,  such  physi-
     3  cian  shall, consistent with customary and acceptable medical standards,
     4  take such action he deems necessary to inform such  patient  or  in  the
     5  case  of a minor, his or her parent or guardian of his findings, conduct
     6  additional tests, administer other necessary treatments  or  refer  such
     7  patient to another physician for further diagnosis and/or treatment.
     8    2.  Pilot program for Lyme and tick-borne disease testing in children.
     9  a. Subject to appropriation, the commissioner is  hereby  authorized  to
    10  establish  a  pilot  program to test for Lyme and tick-borne diseases in
    11  children with qualifying diagnoses who present  with  similar  symptoms.
    12  Such  program, subject to the rules and regulations of the commissioner,
    13  shall provide for a test to rule out Lyme  and  tick-borne  diseases  in
    14  children with a qualifying diagnosis by an approved New York state qual-
    15  ified  medical  research  institution or laboratory, at the request of a
    16  patient, medical provider, practitioner, hospital, or health care facil-
    17  ity. The qualified medical research institution or laboratory  shall  be
    18  responsible  for  conducting  serology  testing, or other Lyme and tick-
    19  borne disease tests approved by the commissioner, to determine the esti-
    20  mated rate of misdiagnosis and co-infections in  children  and  for  the
    21  development of continuing graduate medical education curriculum address-
    22  ing  the  symptoms  and  diagnostic  tools that can assist in accurately
    23  identifying and testing for Lyme and tick-borne  diseases  in  children.
    24  The  qualified  medical research institution or laboratory may work with
    25  not-for-profits, professional associations, or academic institutions  to
    26  develop the continuing graduate medical education curriculum.
    27    b.  For  purposes  of this subdivision, the following terms shall have
    28  the following meanings:
    29    (i) "qualified medical research institution or laboratory" may include
    30  academic medical institutions, agencies,  public  or  private  organiza-
    31  tions,  public or private laboratories or any other institution or labo-
    32  ratory approved by the department that is conducting Lyme and tick-borne
    33  disease research, including but not limited to, testing for the presence
    34  of such infections;
    35    (ii) "qualifying diagnoses" shall mean juvenile  rheumatoid  arthritis
    36  or  any  other common medical diagnosis that presents with similar symp-
    37  toms to Lyme and tick-borne disease  infections  that  the  commissioner
    38  deems relevant; and
    39    (iii)  "children" shall mean all individuals under the age of eighteen
    40  who have a qualifying diagnosis.
    41    c. The commissioner  shall  require  the  qualified  medical  research
    42  institution  or  laboratory  under the pilot program to submit an annual
    43  report, which shall include data analyzing  the  cost,  efficiency,  and
    44  accuracy  of  tests  provided  under such program. The report shall also
    45  include estimated rates of misdiagnosis or  co-infections  of  Lyme  and
    46  tick-borne  diseases of children with qualifying diagnoses. On or before
    47  December thirty-first, two thousand nineteen, and  annually  thereafter,
    48  the commissioner shall submit such report to the governor, the temporary
    49  president of the senate and the speaker of the assembly.
    50    d.  Participation  in the pilot program shall be voluntary and subject
    51  to participation guidelines established by the  department.  Nothing  in
    52  this  subdivision  shall  establish liability for any reasonable acts or
    53  omissions on the part of a hospital, health care institution, or provid-
    54  er participating in the program.
    55    § 2. This act shall take effect on the ninetieth day  after  it  shall
    56  have become a law.
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