STATE OF NEW YORK
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7501
2021-2022 Regular Sessions
IN SENATE
November 3, 2021
___________
Introduced by Sen. HINCHEY -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the public health law, in relation to financial respon-
sibility for human postexposure treatment for rabies
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivisions 3 and 6 of section 2145 of the public health
2 law, as added by chapter 180 of the laws of 2002, are amended and a new
3 subdivision 5-a is added to read as follows:
4 3. Human postexposure treatment specifically authorized by the county
5 health authority shall be rendered by the provider or providers selected
6 by the county health authority, located within the county or the vicini-
7 ty thereof, and [approved] shall be considered sufficient authorization
8 for pre-approval by the person's health insurance carrier or managed
9 care plan if pre-approval is required, and shall be approved, by the
10 health insurance carrier or managed care plan, provided that:
11 (a) any person may, at his or her option, be treated at his or her own
12 expense by the health care provider of his or her choice without
13 approval by the county health authority,
14 (b) the county health authority may, at its option, assume financial
15 responsibility for necessary treatment rendered by other providers;
16 provided, however, that the county health authority shall not be obli-
17 gated to assume financial responsibility if notified after the
18 completion of treatment. If evidence of approval of the county health
19 authority has not been provided, health care providers must report
20 initiation of rabies postexposure prophylaxis within twenty-four hours
21 of the first treatment,
22 (c) the county shall authorize initial treatment from a provider or
23 providers geographically accessible to the location of the exposed
24 person at the time that treatment is determined to be necessary, and
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11015-03-1
S. 7501 2
1 (d) the county shall authorize post-initial treatment from a provider
2 or providers geographically accessible to the exposed person's residence
3 if the person returns to his or her residence during the course of
4 treatment.
5 5-a. Health care providers shall accept payments by the county health
6 authority for human postexposure treatment at a rate set by the commis-
7 sioner; provided that such reimbursement shall be no less than the Medi-
8 caid rate.
9 6. Under the terms of this title, the county health authority is not
10 responsible for:
11 (a) services and expenses of human postexposure treatment that were
12 not specifically authorized by the county health authority, except for
13 completion of treatment for their residents exposed and started on
14 rabies treatment in New York city or elsewhere outside of New York
15 state. Treatment started in New York city shall be confirmed as neces-
16 sary treatment by the New York city department of health and mental
17 hygiene, or the department,
18 (b) services and expenses of medical treatment unrelated to the
19 prevention of rabies infection such as wound suturing and measures to
20 control bacterial infection of bite wounds, and
21 (c) expenses of preexposure rabies vaccination.
22 § 2. This act shall take effect immediately.
