senate Bill S3200B

Relates to financial assistance from the office of victim services for post-exposure prophylaxis treatment for victims of sexual assault

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 11 / Feb / 2011
    • REFERRED TO HEALTH
  • 12 / Apr / 2011
    • REPORTED AND COMMITTED TO FINANCE
  • 02 / Jun / 2011
    • 1ST REPORT CAL.956
  • 06 / Jun / 2011
    • 2ND REPORT CAL.
  • 07 / Jun / 2011
    • ADVANCED TO THIRD READING
  • 14 / Jun / 2011
    • PASSED SENATE
  • 14 / Jun / 2011
    • DELIVERED TO ASSEMBLY
  • 14 / Jun / 2011
    • REFERRED TO WAYS AND MEANS
  • 04 / Jan / 2012
    • DIED IN ASSEMBLY
  • 04 / Jan / 2012
    • RETURNED TO SENATE
  • 04 / Jan / 2012
    • REFERRED TO HEALTH
  • 23 / Jan / 2012
    • AMEND (T) AND RECOMMIT TO HEALTH
  • 23 / Jan / 2012
    • PRINT NUMBER 3200A
  • 31 / Jan / 2012
    • REPORTED AND COMMITTED TO FINANCE
  • 18 / Apr / 2012
    • 1ST REPORT CAL.524
  • 19 / Apr / 2012
    • 2ND REPORT CAL.
  • 25 / Apr / 2012
    • AMENDED 3200B
  • 25 / Apr / 2012
    • ADVANCED TO THIRD READING
  • 15 / May / 2012
    • SUBSTITUTED BY A669C

Summary

Requires financial assistance from the office of victim services for HIV post-exposure prophylaxis treatment for victims of sexual assault.

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Bill Details

See Assembly Version of this Bill:
A669C
Versions:
S3200
S3200A
S3200B
Legislative Cycle:
2011-2012
Law Section:
Public Health Law
Laws Affected:
Amd §2805-i, Pub Health L; amd §631, Exec L
Versions Introduced in Previous Legislative Cycles:
2009-2010: A2355A, A2355A
2007-2008: A9915A, A9915A
view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3200--B
    Cal. No. 524

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 11, 2011
                               ___________

Introduced by Sens. HANNON, JOHNSON, KLEIN, KRUEGER, LARKIN, MONTGOMERY,
  OPPENHEIMER,  PARKER, SAVINO, SERRANO -- read twice and ordered print-
  ed, and when printed to be committed to the  Committee  on  Health  --
  recommitted  to the Committee on Health in accordance with Senate Rule
  6, sec. 8 -- committee discharged, bill amended, ordered reprinted  as
  amended  and  recommitted to said committee -- reported favorably from
  said committee and committed to the Committee on Finance  --  reported
  favorably  from  said  committee,  ordered to first and second report,
  amended on second report, ordered  to  a  third  reading,  and  to  be
  reprinted  as amended, retaining its place in the order of third read-
  ing

AN ACT to amend the public health law and the executive law, in relation
  to financial assistance from the office of victim services  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:

  Section 1. Paragraph (c) of subdivision 1 of  section  2805-i  of  the
public health law, as amended by section 39 of part A-1 of chapter 56 of
the laws of 2010, is amended to read as follows:
  (c) offering and making available appropriate HIV post-exposure treat-
ment  therapies; INCLUDING A SEVEN DAY STARTER PACK OF HIV POST-EXPOSURE
PROPHYLAXIS, in cases where it has been determined, in  accordance  with
guidelines  issued  by  the commissioner, that a significant exposure to
HIV has occurred, and informing the victim that payment  assistance  for
such  therapies  may  be  available  from  the office of victim services
pursuant to the provisions of article twenty-two of the  executive  law.
WITH  THE  CONSENT OF THE VICTIM OF A SEXUAL ASSAULT, THE HOSPITAL EMER-
GENCY ROOM DEPARTMENT SHALL PROVIDE OR ARRANGE FOR  AN  APPOINTMENT  FOR
MEDICAL  FOLLOW-UP  RELATED  TO  HIV POST-EXPOSURE PROPHYLAXIS AND OTHER
CARE AS APPROPRIATE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03995-07-2

S. 3200--B                          2

  S 2. Subdivision 13 of section 631 of the executive law, as amended by
section 22 of part A-1 of chapter 56 of the laws of 2010, is amended  to
read as follows:
  13. Notwithstanding any other provision of law, rule, or regulation to
the  contrary,  when  any New York state accredited hospital, accredited
sexual assault  examiner  program,  or  licensed  health  care  provider
furnishes  services  to  any  sexual assault survivor, including but not
limited to a health care forensic examination in accordance with the sex
offense evidence collection protocol and standards  established  by  the
department of health, such hospital, sexual assault examiner program, or
licensed  healthcare  provider shall provide such services to the person
without charge and shall  bill  the  office  directly.  The  office,  in
consultation  with  the  department of health, shall define the specific
services to be covered by the sexual assault forensic exam reimbursement
fee, which must include at a minimum forensic examiner services,  hospi-
tal  or  healthcare  facility  services related to the exam, and related
laboratory tests and NECESSARY pharmaceuticals; INCLUDING BUT NOT LIMIT-
ED TO HIV POST-EXPOSURE PROPHYLAXIS PROVIDED  BY  A  HOSPITAL  EMERGENCY
ROOM  AT THE TIME OF THE FORENSIC RAPE EXAMINATION PURSUANT TO PARAGRAPH
(C) OF SUBDIVISION ONE OF SECTION TWENTY-EIGHT  HUNDRED  FIVE-I  OF  THE
PUBLIC  HEALTH  LAW. Follow-up HIV post-exposure prophylaxis costs shall
continue to be reimbursed according to established office procedure. The
office, in consultation with the department of health, shall also gener-
ate the necessary regulations and forms  for  the  direct  reimbursement
procedure.  The  rate  for reimbursement shall be the amount of itemized
charges not exceeding eight hundred dollars, to be reviewed and adjusted
annually by the office in consultation with the  department  of  health.
The  hospital,  sexual assault examiner program, or licensed health care
provider must accept this fee as payment in  full  for  these  specified
services.  No  additional  billing  of the survivor for said services is
permissible. A  sexual  assault  survivor  may  voluntarily  assign  any
private  insurance  benefits  to  which  she  or  he is entitled for the
healthcare forensic examination, in which case the hospital  or  health-
care  provider  may  not  charge  the office. A hospital, sexual assault
examiner program or licensed health care provider shall, at the time  of
the  initial  visit,  request assignment of any private health insurance
benefits to which the sexual assault survivor  is  entitled  on  a  form
prescribed  by the office; provided, however, such sexual assault survi-
vor shall be advised orally and in writing that he or she may decline to
provide such information regarding private health insurance benefits  if
he or she believes that the provision of such information would substan-
tially  interfere with his or her personal privacy or safety and in such
event, the sexual assault forensic exam fee shall be paid by the office.
Such sexual assault survivor shall also be advised that  providing  such
information  may  provide  additional  resources  to pay for services to
other sexual assault victims. If he or  she  declines  to  provide  such
health  insurance information, he or she shall indicate such decision on
the form provided by the hospital, sexual assault  examiner  program  or
licensed  health  care  provider,  which form shall be prescribed by the
office.
  S 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

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