Bill Text: NY S07161 | 2019-2020 | General Assembly | Introduced

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Bill Title: Provides for payment assistance and other information for HIV post-exposure prophylaxis and other health care services for sexual assault victims.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2020-01-27 - referred to health [S07161 Detail]

Download: New_York-2019-S07161-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          7161

                    IN SENATE

                                    January 10, 2020
                                       ___________

        Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules

        AN ACT to amend the public health law and the executive law, in relation
          to HIV post-exposure prophylaxis and other health  care  services  for
          sexual  assault  victims;  and to amend a chapter of the laws of 2019,
          amending the public health law and the executive law relating  to  HIV
          post-exposure  prophylaxis  and  other health care services for sexual
          assault victims, as proposed in legislative bills  numbers  S.  2279-A
          and A. 1204-A in relation to the effectiveness thereof

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Subdivision 1 of section 2805-i of the public  health  law,
     2  as  amended  by  section 1 of part HH of chapter 57 of the laws of 2018,
     3  paragraph (c) as amended by a chapter of the laws of 2019, amending  the
     4  public  health  law  and the executive law relating to HIV post-exposure
     5  prophylaxis and other health care services for sexual  assault  victims,
     6  as  proposed  in  legislative  bills numbers S. 2279-A and A. 1204-A, is
     7  amended to read as follows:
     8    1. Every hospital providing treatment to alleged victims of  a  sexual
     9  offense shall be responsible for:
    10    (a)  maintaining  sexual  offense evidence and the chain of custody as
    11  provided in subdivision two of this section;
    12    (b) informing sexual offense  victims  of  the  availability  of  rape
    13  crisis  and  local  victim  assistance  organizations,  if  any,  in the
    14  geographic area served by the hospital, and contacting a rape crisis  or
    15  local  victim assistance organization[, if any, providing victim assist-
    16  ance to the geographic area served by that hospital]  to  establish  the
    17  coordination  of  non-medical  services  to  sexual  offense victims who
    18  request such coordination and services;
    19    (c) offering and making available appropriate HIV post-exposure treat-
    20  ment therapies; including a [full regimen] seven day starter pack of HIV
    21  post-exposure prophylaxis for a person eighteen years of age  or  older,
    22  or  the  full regimen of HIV post-exposure prophylaxis for a person less
    23  than eighteen years of age, in cases where it has  been  determined,  in

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04742-08-0
        S. 7161                             2

     1  accordance  with  guidelines  issued by the commissioner, that a signif-
     2  icant exposure to HIV  has  occurred,  and  informing  the  victim  that
     3  payment  assistance  for such therapies and other crime related expenses
     4  may  be  available  from  the  office of victim services pursuant to the
     5  provisions of article twenty-two of the executive law. With the  consent
     6  of  the  victim of a sexual assault, the hospital emergency room depart-
     7  ment shall provide or arrange for an appointment for  medical  follow-up
     8  related to HIV post-exposure prophylaxis and other care as appropriate[,
     9  and  inform  the  victim  that  payment  assistance for such care may be
    10  available from the office of victim services pursuant to the  provisions
    11  of article twenty-two of the executive law]; and
    12    (d)  ensuring  sexual  assault  survivors  are  not  billed for sexual
    13  assault forensic exams and are notified orally and  in  writing  of  the
    14  option  to  decline  to provide private health insurance information and
    15  have the office of victim services reimburse the hospital for  the  exam
    16  pursuant  to  subdivision  thirteen of section six hundred thirty-one of
    17  the executive law.
    18    § 2. Subdivision 1 of section 201 of the public health law is  amended
    19  by adding a new paragraph (x) to read as follows:
    20    (x) produce an annual report analyzing the costs related to the sexual
    21  assault examination direct reimbursement program as created under subdi-
    22  vision  thirteen  of section six hundred thirty-one of the executive law
    23  and provide such report to the office of victim services  on  or  before
    24  September  first  of  each  year.  Such  report shall be provided to the
    25  governor, temporary president of the  senate  and  the  speaker  of  the
    26  assembly.
    27    § 3. Subdivision 13 of section 631 of the executive law, as amended by
    28  a  chapter  of  the laws of 2019, amending the public health law and the
    29  executive law relating to HIV post-exposure prophylaxis and other health
    30  care services for sexual assault victims,  as  proposed  in  legislative
    31  bills numbers S.  2279-A and A. 1204-A, is amended to read as follows:
    32    13.  (a)  Notwithstanding  any  other provision of law, rule, or regu-
    33  lation to the contrary, when any New  York  state  accredited  hospital,
    34  accredited  sexual  assault  examiner  program,  or licensed health care
    35  provider furnishes services to any sexual  assault  survivor,  including
    36  but not limited to a health care forensic examination in accordance with
    37  the  sex  offense evidence collection protocol and standards established
    38  by the department of health,  such  hospital,  sexual  assault  examiner
    39  program,  or licensed healthcare provider shall provide such services to
    40  the person without charge  and  shall  bill  the  office  directly.  The
    41  office,  in consultation with the department of health, shall define the
    42  specific services to be covered by  the  sexual  assault  forensic  exam
    43  reimbursement  fee,  which  must  include at a minimum forensic examiner
    44  services, hospital or healthcare facility services related to the  exam,
    45  and any necessary related laboratory tests [and necessary] or pharmaceu-
    46  ticals;  including  but  not  limited  to  HIV post-exposure prophylaxis
    47  provided by a hospital emergency room at the time of the  forensic  rape
    48  examination  pursuant  to  paragraph  (c)  of subdivision one of section
    49  twenty-eight hundred five-i of the public health law. [Follow-up] For  a
    50  person  eighteen  years  of  age  or  older, follow-up HIV post-exposure
    51  prophylaxis costs shall continue  to  be  [billed  by  the  health  care
    52  provider  to  the  office directly and] reimbursed [by the] according to
    53  established office [directly] procedure.  The  office,  in  consultation
    54  with  the  department of health, shall also generate the necessary regu-
    55  lations and forms for the direct reimbursement procedure.
        S. 7161                             3

     1    (b) The rate  for  reimbursement  shall  be  the  amount  of  itemized
     2  charges,  to  be reimbursed at the Medicaid rate and which shall cumula-
     3  tively not [exceeding] exceed  (1)  eight  hundred  dollars[,  provided,
     4  however,  the  office  shall,  in  consultation] for an exam of a sexual
     5  assault  survivor  where  no  sexual  offense evidence collection kit is
     6  used; (2) one thousand two hundred dollars  for  an  exam  of  a  sexual
     7  assault survivor where a sexual offense evidence collection kit is used;
     8  (3)  one  thousand  five hundred dollars for an exam of a sexual assault
     9  survivor who is eighteen years of age or older, with or without the  use
    10  of a sexual offense evidence collection kit, and with the provision of a
    11  necessary  HIV post-exposure prophylaxis seven day starter pack; and (4)
    12  two thousand five hundred dollars for an exam of a sexual assault survi-
    13  vor who is less than eighteen years of age, with or without the use of a
    14  sexual offense evidence collection kit, and with the  provision  of  the
    15  full  regimen  of  necessary  HIV  post-exposure  prophylaxis  [with the
    16  department of health, annually review and determine if a higher rate for
    17  reimbursement for itemized charges exceeding eight  hundred  dollars  is
    18  feasible  and  appropriate  based  on  the  actual  cost of reimbursable
    19  expenses, and adjust such rate  for  reimbursement  accordingly].    The
    20  hospital,  sexual  assault  examiner  program,  or  licensed health care
    21  provider must accept this fee as payment in  full  for  these  specified
    22  services.  No  additional  billing  of the survivor for said services is
    23  permissible. A  sexual  assault  survivor  may  voluntarily  assign  any
    24  private  insurance  benefits  to  which  she  or  he is entitled for the
    25  healthcare forensic examination, in which case the hospital  or  health-
    26  care provider may not charge the office; provided, however, in the event
    27  the  sexual  assault survivor assigns any private health insurance bene-
    28  fit, such coverage shall not be subject to annual deductibles or coinsu-
    29  rance or balance  billing  by  the  hospital,  sexual  assault  examiner
    30  program  or  licensed  health  care provider. A hospital, sexual assault
    31  examiner program or licensed health care provider shall, at the time  of
    32  the  initial  visit,  request assignment of any private health insurance
    33  benefits to which the sexual assault survivor  is  entitled  on  a  form
    34  prescribed  by the office; provided, however, such sexual assault survi-
    35  vor shall be advised orally and in writing that he or she may decline to
    36  provide such information regarding private health insurance benefits  if
    37  he or she believes that the provision of such information would substan-
    38  tially  interfere with his or her personal privacy or safety and in such
    39  event, the sexual assault forensic exam fee shall be paid by the office.
    40  Such sexual assault survivor shall also be advised that  providing  such
    41  information  may  provide  additional  resources  to pay for services to
    42  other sexual assault victims.  Such sexual assault survivor  shall  also
    43  be  advised  that  the  direct reimbursement program established by this
    44  subdivision does not automatically make  them  eligible  for  any  other
    45  compensation  benefits  available  from  the  office  including, but not
    46  limited to, reimbursement for mental health counseling  expenses,  relo-
    47  cation  expenses, and loss of earnings, and that such compensation bene-
    48  fits may only be made available to them should the sexual assault survi-
    49  vor or other person eligible to file pursuant  to  section  six  hundred
    50  twenty-four  of  this  article, file a compensation application with the
    51  office. If he or she declines to provide such health insurance  informa-
    52  tion, he or she shall indicate such decision on the form provided by the
    53  hospital,  sexual  assault  examiner  program  or  licensed  health care
    54  provider, which form shall be prescribed by the office.
    55    § 4. Section 3 of a chapter of the laws of 2019, amending  the  public
    56  health  law  and the executive law relating to HIV post-exposure prophy-
        S. 7161                             4

     1  laxis and other health care services  for  sexual  assault  victims,  as
     2  proposed  in  legislative  bills  numbers  S.  2279-A  and A. 1204-A, is
     3  amended to read as follows:
     4    § 3. This act shall take effect on the one hundred eightieth day after
     5  it  shall  have  become  a law and apply to all claims filed on or after
     6  such date; provided that  effective  immediately,  the  commissioner  of
     7  health  and  the  director  of  the office of victim services shall make
     8  regulations and take other action necessary to  implement  this  act  on
     9  such date.
    10    §  5.  This act shall take effect immediately, provided, however, that
    11  sections one, two and three of this act take effect on the same date and
    12  in the same manner as a chapter of the laws of 2019, amending the public
    13  health law and the executive law relating to HIV  post-exposure  prophy-
    14  laxis  and  other  health  care  services for sexual assault victims, as
    15  proposed in legislative bills numbers S. 2279-A  and  A.  1204-A,  takes
    16  effect.