senate Bill S2750

Amended

Requiring hospitals to offer hepatitis C testing

download pdf

Sponsor

Co-Sponsors

view all co-sponsors

Bill Status


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

actions

  • 23 / Jan / 2013
    • REFERRED TO HEALTH
  • 30 / Apr / 2013
    • REPORTED AND COMMITTED TO FINANCE
  • 24 / May / 2013
    • AMEND (T) AND RECOMMIT TO FINANCE
  • 24 / May / 2013
    • PRINT NUMBER 2750A
  • 04 / Jun / 2013
    • 1ST REPORT CAL.997
  • 05 / Jun / 2013
    • 2ND REPORT CAL.
  • 10 / Jun / 2013
    • ADVANCED TO THIRD READING
  • 20 / Jun / 2013
    • SUBSTITUTED BY A1286A

Summary

Requires hospitals to offer hepatitis C testing.

do you support this bill?

Bill Details

See Assembly Version of this Bill:
A1286
Versions:
S2750
S2750A
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

Votes

14
0
14
Aye
0
Nay
3
aye with reservations
0
absent
0
excused
0
abstained
show Health committee vote details

Sponsor Memo

BILL NUMBER:S2750

TITLE OF BILL: An act to amend the public health law, in relation to
requiring hospitals to offer hepatitis C testing

PURPOSE: This bill will require individuals born between 1945 and 1965
to be offered hepatitis C testing when receiving health services from
hospital inpatient care, an emergency room, or outpatient setting, a
clinic or from a primary care provider.

SUMMARY OF PROVISIONS:

Section 1 of the bill amends the public health law by adding a new
section 2171 as it relates to requiring certain health service providers
to offer hepatitis C testing to individuals born between 1945 and 1965
unless the individual is being treated for a life threatening emergency
or has previously been offered or tested or they lack the ability to
consent.

Section 2 of the bill relates to the effective date.

JUSTIFICATION: The Center for Disease Control (CDC) has recently
released a report detailing birth cohort testing guidelines that identi-
fied baby boomers or those born between 1945 and 1965 as at risk for
hepatitis C. There is an estimated 3.2 million American infected with
hepatitis C and 75% of them are people born between 1945 and 1965.
According to the CDC report, 45-85% of those individuals living with
Hepatitis C are unaware of their infection status. This legislation will
require hospitals and certain health care providers to offer hepatitis C
testing to baby boomers. There have been great advances over the past
few years in treatments for hepatitis C and many can be cured. By
increasing testing. opportunities, this legislation will ensure that
more individuals living with Hepatitis C become aware of their infection
status and get available treatment.

LEGISLATIVE HISTORY: 2011-12: A.10595

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect on the sixtieth day after it
shall become law.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2750

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 23, 2013
                               ___________

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

AN ACT to amend the public health law, in relation to  requiring  hospi-
  tals to offer hepatitis C testing

  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 RELATED 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
OR IN THE EMERGENCY DEPARTMENT OF A GENERAL HOSPITAL DEFINED IN SUBDIVI-
SION  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
A NURSE PRACTITIONER PROVIDING PRIMARY CARE SHALL BE OFFERED A HEPATITIS
C RELATED TEST  UNLESS  THE  HEALTH  CARE  PRACTITIONER  PROVIDING  SUCH
SERVICES REASONABLY BELIEVES THAT:
  (A)  THE INDIVIDUAL IS BEING TREATED FOR A LIFE THREATENING EMERGENCY;
OR
  (B) THE INDIVIDUAL HAS PREVIOUSLY BEEN OFFERED OR HAS BEEN THE SUBJECT
OF A HEPATITIS C RELATED TEST (EXCEPT THAT A TEST SHALL  BE  OFFERED  IF
OTHERWISE INDICATED); OR
  (C)  THE INDIVIDUAL LACKS CAPACITY TO CONSENT TO A HEPATITIS C RELATED
TEST.
  2. AS USED IN THIS SECTION, "PRIMARY CARE" MEANS THE MEDICAL FIELDS OF
FAMILY MEDICINE, GENERAL PEDIATRICS, PRIMARY  CARE,  INTERNAL  MEDICINE,
PRIMARY  CARE  OBSTETRICS, OR PRIMARY CARE GYNECOLOGY, WITHOUT REGARD TO
BOARD CERTIFICATION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00481-01-3

S. 2750                             2

  3. THE OFFERING OF HEPATITIS C  RELATED  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
RELATED TEST OR TO PROVIDE SERVICES OR CARE FOR THE SUBJECT OF A HEPATI-
TIS C RELATED TEST.
  S 2. This act shall take effect on the sixtieth  day  after  it  shall
have become a law.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.