senate Bill S2750A

Requiring hospitals to offer hepatitis C testing

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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

  • 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.

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Bill Details

See Assembly Version of this Bill:
A1286A
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

Sponsor Memo

BILL NUMBER:S2750A

TITLE OF BILL:
An act
to amend the public health law, in relation to requiring
hospitals to offer hepatitis C testing;
and providing for the repeal of such provisions upon expiration thereof

PURPOSE:
This bill will require individuals born between 1945 and 1965 to be
offered hepatitis C screening test when receiving health services
from hospital inpatient care or outpatient care.

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 screening test 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. It also provides that should a
screening test be positive or reactive, the provider shall offer
follow-up health care including a Hepatitis C diagnostic test or
refer the individual to a provider who can.

Section 2 of the bill requires the DOH Commissioner to evaluate the
impact of this Act and report to the Governor and Legislature.

Section 3 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 identified 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: New bill.

FISCAL IMPLICATIONS:
Savings as those identified and treated in a timely manner will avoid
the high cost associated with caring for patients suffering
unnecessary liver disease and other Hep C related conditions.

EFFECTIVE DATE:
This act shall take effect on the 1st day of January after it shall
become law and shall be deemed repealed January 1, 2020.


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

                                 2750--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 23, 2013
                               ___________

Introduced  by  Sens. HANNON, ADAMS, BOYLE, CARLUCCI, FELDER, FUSCHILLO,
  HASSELL-THOMPSON, HOYLMAN, KRUEGER, MONTGOMERY, PARKER, PERKINS, SAMP-
  SON, STAVISKY -- read twice and ordered printed, and when  printed  to
  be  committed  to  the  Committee on Health -- reported favorably from
  said committee and committed to the Committee on Finance --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

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
  (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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00481-06-3

S. 2750--A                          2

  (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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