assembly Bill A1286A

Signed by Governor

Requiring hospitals to offer hepatitis C testing

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Sponsor

ZEBROWSKI

Co-Sponsors

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Multi-Sponsors

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Bill Status


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

  • 09 / Jan / 2013
    • REFERRED TO HEALTH
  • 23 / Apr / 2013
    • REPORTED
  • 25 / Apr / 2013
    • ADVANCED TO THIRD READING CAL.191
  • 29 / May / 2013
    • AMENDED ON THIRD READING (T) 1286A
  • 10 / Jun / 2013
    • PASSED ASSEMBLY
  • 10 / Jun / 2013
    • DELIVERED TO SENATE
  • 10 / Jun / 2013
    • REFERRED TO FINANCE
  • 20 / Jun / 2013
    • SUBSTITUTED FOR S2750A
  • 20 / Jun / 2013
    • 3RD READING CAL.997
  • 20 / Jun / 2013
    • PASSED SENATE
  • 20 / Jun / 2013
    • RETURNED TO ASSEMBLY
  • 11 / Oct / 2013
    • DELIVERED TO GOVERNOR
  • 23 / Oct / 2013
    • SIGNED CHAP.425

Summary

Requires hospitals to offer hepatitis C testing.

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Bill Details

See Senate Version of this Bill:
S2750A
Versions:
A1286
A1286A
Legislative Cycle:
2013-2014
Law Section:
Public Health Law
Laws Affected:
Add ยง2171, Pub Health L
Versions Introduced in 2011-2012 Legislative Cycle:
A10595, A10595
view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 1286--A
                                                        Cal. No. 191

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  M. of A. ZEBROWSKI, MILLER, ENGLEBRIGHT, MAISEL, JAFFEE,
  ROSENTHAL, GIBSON, MILLMAN, TITONE, BENEDETTO, ROBERTS, GALEF,  ROBIN-
  SON,  BOYLAND,  O'DONNELL, WEPRIN, HOOPER, STIRPE, RODRIGUEZ, GUNTHER,
  MOSLEY, GOTTFRIED, BRONSON -- Multi-Sponsored by -- M. of  A.  ABBATE,
  BRENNAN,  CROUCH,  GABRYSZAK,  JACOBS,  ORTIZ, PERRY, RABBITT, RIVERA,
  SALADINO, SIMANOWITZ, SWEENEY -- read once and referred to the Commit-
  tee on Health -- reported from committee, advanced to a third reading,
  amended and ordered reprinted, retaining its place  on  the  order  of
  third reading

AN  ACT  to amend the public health law, in relation to requiring hospi-
  tals to offer hepatitis C testing; and providing  for  the  repeal  of
  such provisions upon expiration thereof

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The public health law is amended by adding  a  new  section
2171 to read as follows:
  S  2171. REQUIRED OFFERING OF HEPATITIS C SCREENING TESTING.  1. EVERY
INDIVIDUAL BORN BETWEEN THE YEARS OF  NINETEEN  HUNDRED  FORTY-FIVE  AND
NINETEEN HUNDRED SIXTY-FIVE WHO RECEIVES HEALTH SERVICES AS AN INPATIENT
IN A GENERAL HOSPITAL DEFINED IN SUBDIVISION TEN OF SECTION TWENTY-EIGHT
HUNDRED  ONE OF THIS CHAPTER OR WHO RECEIVES PRIMARY CARE SERVICES IN AN
OUTPATIENT DEPARTMENT OF SUCH HOSPITAL OR IN A DIAGNOSTIC AND  TREATMENT
CENTER  LICENSED  UNDER  ARTICLE  TWENTY-EIGHT OF THIS CHAPTER OR FROM A
PHYSICIAN, PHYSICIAN ASSISTANT OR NURSE PRACTITIONER  PROVIDING  PRIMARY
CARE  SHALL BE OFFERED A HEPATITIS C SCREENING TEST OR HEPATITIS C DIAG-
NOSTIC TEST UNLESS THE HEALTH CARE PRACTITIONER PROVIDING SUCH  SERVICES
REASONABLY BELIEVES THAT:
  (A)  THE INDIVIDUAL IS BEING TREATED FOR A LIFE THREATENING EMERGENCY;
OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00481-07-3

A. 1286--A                          2

  (B) THE INDIVIDUAL HAS PREVIOUSLY BEEN OFFERED OR HAS BEEN THE SUBJECT
OF A HEPATITIS C SCREENING TEST (EXCEPT THAT A TEST SHALL BE OFFERED  IF
OTHERWISE INDICATED); OR
  (C)  THE INDIVIDUAL LACKS CAPACITY TO CONSENT TO A HEPATITIS C SCREEN-
ING TEST.
  2. IF AN INDIVIDUAL ACCEPTS THE OFFER OF A HEPATITIS C SCREENING  TEST
AND  THE  SCREENING  TEST  IS  REACTIVE,  THE HEALTH CARE PROVIDER SHALL
EITHER OFFER THE INDIVIDUAL FOLLOW-UP HEALTH CARE OR REFER THE  INDIVID-
UAL TO A HEALTH CARE PROVIDER WHO CAN PROVIDE FOLLOW-UP HEALTH CARE. THE
FOLLOW-UP HEALTH CARE SHALL INCLUDE A HEPATITIS C DIAGNOSTIC TEST.
  3.  THE  OFFERING  OF HEPATITIS C SCREENING TESTING UNDER THIS SECTION
SHALL BE CULTURALLY AND LINGUISTICALLY APPROPRIATE  IN  ACCORDANCE  WITH
RULES AND REGULATIONS PROMULGATED BY THE COMMISSIONER.
  4.  THIS  SECTION SHALL NOT AFFECT THE SCOPE OF PRACTICE OF ANY HEALTH
CARE PRACTITIONER OR DIMINISH ANY AUTHORITY  OR  LEGAL  OR  PROFESSIONAL
OBLIGATION  OF  ANY  HEALTH  CARE  PRACTITIONER  TO  OFFER A HEPATITIS C
SCREENING TEST OR HEPATITIS C DIAGNOSTIC TEST OR TO PROVIDE SERVICES  OR
CARE  FOR  THE  SUBJECT  OF  A HEPATITIS C SCREENING TEST OR HEPATITIS C
DIAGNOSTIC TEST.
  5. DEFINITIONS. AS USED IN THIS SECTION,  THE  FOLLOWING  TERMS  SHALL
HAVE THE FOLLOWING MEANINGS:
  (A)  "HEPATITIS  C  DIAGNOSTIC TEST" SHALL MEAN ANY LABORATORY TEST OR
TESTS THAT DETECT THE PRESENCE OF HEPATITIS C VIRUS  IN  THE  BLOOD  AND
PROVIDES  CONFIRMATION OF WHETHER THE INDIVIDUAL HAS A HEPATITIS C VIRUS
INFECTION.
  (B) "HEPATITIS C SCREENING TEST" SHALL MEAN ANY  LABORATORY  SCREENING
TEST  OR  TESTS THAT DETECT THE PRESENCE OF HEPATITIS C VIRUS ANTIBODIES
IN THE BLOOD.
  (C) "PRIMARY CARE" MEANS THE MEDICAL FIELDS OF FAMILY MEDICINE, GENER-
AL PEDIATRICS, PRIMARY CARE, INTERNAL MEDICINE, PRIMARY CARE OBSTETRICS,
OR PRIMARY CARE GYNECOLOGY, WITHOUT REGARD TO BOARD CERTIFICATION.
  S 2. On or before January 1, 2016, the commissioner  of  health  shall
evaluate and report on the impact of this act with respect to the number
of  persons  who  are screened for hepatitis C and the number of persons
who have accessed care following a positive test. Such report  shall  be
submitted  to  the governor and to the chairs of the assembly and senate
committees on health.
  S 3. This act shall take effect on the first of January next  succeed-
ing the date on which it shall have become a law and shall expire and be
deemed repealed January 1, 2020; provided, however, that the commission-
er  of  health is authorized to adopt rules and regulations necessary to
implement this act prior to such effective date.

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