Assembly Bill A2355A

2009-2010 Legislative Session

Relates to financial assistance from the crime victims board for post-exposure prophylaxis treatment for victims of sexual assault

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Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 16, 2010	referred to rules delivered to senate passed assembly
Jun 14, 2010	ordered to third reading rules cal.82 rules report cal.82 reported
Jun 08, 2010	reported referred to rules
May 25, 2010	reported referred to ways and means
May 04, 2010	print number 2355a
May 04, 2010	amend and recommit to health
Jan 06, 2010	referred to health
Jan 15, 2009	referred to health

Bill Amendments

Original

A (Active)

co-Sponsors

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multi-Sponsors

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2009-A2355 - Details

See Senate Version of this Bill:: S2680
Current Committee:: Senate Rules
Law Section:: Public Health Law
Laws Affected:: Amd §2805-i, Pub Health L; amd §§631 & 631-a, Exec L
Versions Introduced in 2011-2012 Legislative Session:: A669

2009-A2355 - Summary

Requires financial assistance from the crime victims board for post-exposure prophylaxis treatment for victims of sexual assault.

2009-A2355 - Sponsor Memo

                                BILL NUMBER:A2355                REVISED 5/4/10

TITLE  OF BILL:  An act to amend the public health law and the executive
law, in relation to financial assistance from the  crime  victims  board
for post-exposure prophylaxis treatment for victims of sexual assault

PURPOSE  OF BILL:  To amend the public health law to enable survivors of
sexual assault who have undergone a forensic rape exam  to  receive  the
full  course of HIV post exposure prophylaxis (PEP) treatment regardless
of ability to pay.

SUMMARY OF PROVISIONS:  This legislation provides for  a  simplification
of  payment  procedures for survivors of sexual assault who are found by
medical examiners conducting the Forensic Rape Exam (FRE) to be at  risk
for  HIV/AIDS  and  therefore  in need of PEP as follows: At the time of
exam, survivors deemed at risk will be given a 9-day starter pack of the
PEP. The emergency department where the exam is conducted will bill  and
be reimbursed by the Crime Victims Board as they are currently.  The CVB
will be billed for the remaining 21 days of treatment by the appropriate
clinic  or  in  rural  areas,  as  defined by statute, the county health
department.

EXISTING LAW: NA

JUSTIFICATION:  It is imperative to provide treatment to  all  survivors
designated by Forensic Rape Examiners as at risk for HIV-AIDs. The costs

of  treating  this HIV-AIDs fall upon the state nearly 90 percent of all
cases, resulting in a dollar amount, per case, that  exceeds  preventive
treatment  by  hundreds  of thousands of dollars. Removing the obstacles
that stand between sexual  assault  survivors  and  PEP  treatment  will
decrease  those individuals' chances of becoming infected with HIV-AIDs.
The recommended time to begin treatment is within 36 hours of exposure.

Currently some survivors who have been deemed at risk for  HIV  AIDs  do
not  complete  PEP treatment for a number of reasons including inability
to cover the cost of medication while awaiting  reimbursement  from  the
CVB;  inability  to  fill out requisite paperwork within three days as a
result of paralyzing trauma  caused  by  the  assault;  inadequate  time
between  current  3-  day  starter  pack  and appointment with follow-up
provider, to name the most often cited.

By streamlining the process and increasing outreach to assault survivors
who have undergone a forensic exam, this law would  make  PEP  treatment
more  accessible.  This facilitation of long-term, preventive care could
save the State millions of dollars in treatment costs by stemming poten-
tial HIV/AIDS cases.

LEGISLATIVE HISTORY:

FISCAL IMPLICATIONS:  Under the current system, the CVB covers costs  of
PEP  treatment  in  most cases. The funding comes from restitution funds
and federal grant dollars. This funding does not  come  from  the  state

budget.  However it is the state that ends up paying for over 85 percent
of  the  treatment  to  those  who  become  HIV positive, as that is the
percentage that qualifies for medical care  that  is  state  subsidized.
The  total  cost  for  PEP  under  the FRE provision for the most recent
available year was $180,000.

The FRE universe is less than 4,000  persons  per  year.  A  very  small
percentage  of  those  survivors  begin treatment. There is no reason to
anticipate a huge jump in those opting for the PEP treatment.

2009-A2355 - Bill Text download pdf

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

                                  2355

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 15, 2009
                               ___________

Introduced by M. of A. JAFFEE, SCHIMEL, KOLB, BENEDETTO, SPANO, CALHOUN,
  DelMONTE,  CAHILL,  ZEBROWSKI,  ALFANO,  JOHN,  GUNTHER,  CHRISTENSEN,
  JEFFRIES,  EDDINGTON,  PAULIN,  SWEENEY,  FIELDS,  GOTTFRIED,  MAISEL,
  FINCH,  O'DONNELL,  MARKEY,  ESPAILLAT, N. RIVERA, ROSENTHAL -- Multi-
  Sponsored by -- M. of A. CLARK, COLTON, CROUCH, DIAZ,  ERRIGO,  GALEF,
  HOOPER, HYER-SPENCER, JACOBS, KELLNER, KOON, LATIMER, LUPARDO, MAGNAR-
  ELLI,  McDONOUGH, McENENY, PHEFFER, ROBINSON, SCARBOROUGH, SCOZZAFAVA,
  WALKER, WEISENBERG -- read once  and  referred  to  the  Committee  on
  Health

AN ACT to amend the public health law and the executive law, in relation
  to financial assistance from the crime victims board 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  added  by  chapter 571 of the laws of 2007, is
amended to read as follows:
  (c) offering and making available appropriate HIV post-exposure treat-
ment therapies 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] IS available from the crime victims board pursu-
ant to the provisions of article twenty-two of the executive law.
  S 2. Subdivision 13 of section 631 of the executive law, as  added  by
chapter  264  of the laws of 2003, is amended and a new subdivision 13-a
is added 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03647-01-9

A. 2355                             2

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 board directly. The board, in consul-
tation 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, hospital or
healthcare facility services related to the exam, and related laboratory
tests and  pharmaceuticals.  [Follow-up  HIV  post-exposure  prophylaxis
costs  shall  continue  to  be reimbursed according to established board
procedure.] The board, in consultation with the  department  of  health,
shall  also  generate the necessary regulations and forms for the direct
reimbursement procedure. The  rate  for  reimbursement  shall  be  eight
hundred  dollars,  to  be reviewed and adjusted annually by the board 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  healthcare provider may not charge the board. 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 survi-
vor is entitled on a form prescribed by the  board;  provided,  however,
such sexual assault survivor 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 substantially interfere with his or her personal
privacy or safety and in such event, the sexual  assault  forensic  exam
fee shall be paid by the board. [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, sexu-
al assault examiner program or licensed health care provider, which form
shall be prescribed by the board.
  13-A. NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW, RULE, OR REGULATION
TO THE CONTRARY, WHEN ANY PHARMACIST LICENSED BY NEW YORK STATE PROVIDES
PROPHYLACTIC  TREATMENT  FOR  SIGNIFICANT  POSSIBLE EXPOSURE TO HIV TO A
VICTIM OF SEXUAL ASSAULT AS PRESCRIBED BY A LICENSED HEALTHCARE  PROVID-
ER,  SUCH  TREATMENT  SHALL BE PROVIDED TO THE PERSON WITHOUT CHARGE AND
THE PHARMACY SHALL BILL THE BOARD DIRECTLY. THE BOARD,  IN  CONSULTATION
WITH  THE DEPARTMENT OF HEALTH, SHALL GENERATE THE NECESSARY REGULATIONS
AND  FORMS  FOR  THE  DIRECT  REIMBURSEMENT  PROCEDURE.  THE  RATE   FOR
REIMBURSEMENT  SHALL  BE  ESTABLISHED AND REVIEWED AND ADJUSTED AT LEAST
ANNUALLY BY THE BOARD IN CONSULTATION WITH THE DEPARTMENT OF HEALTH. THE
PHARMACY MUST ACCEPT THIS FEE AS  PAYMENT  IN  FULL  FOR  THE  SPECIFIED
POST-EXPOSURE PROPHYLACTIC TREATMENT THERAPIES. NO ADDITIONAL BILLING OF
THE  SURVIVOR  FOR  SAID  MEDICATIONS  IS  PERMISSIBLE. A SEXUAL ASSAULT
SURVIVOR MAY VOLUNTARILY ASSIGN ANY PRIVATE INSURANCE BENEFITS TO  WHICH
SHE  OR  HE  IS ENTITLED FOR THE PROPHYLACTIC MEDICATIONS, IN WHICH CASE
THE PHARMACY MAY NOT CHARGE THE BOARD. A PHARMACY 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 BOARD; PROVIDED, HOWEVER, SUCH SEXUAL ASSAULT SURVIVOR

A. 2355                             3

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 PROPHYLACTIC TREATMENT FEE SHALL BE PAID BY THE BOARD. IF HE
OR SHE DECLINES TO PROVIDE SUCH HEALTH INSURANCE INFORMATION, HE OR  SHE
SHALL INDICATE SUCH DECISION ON THE FORM PROVIDED BY THE PHARMACY, WHICH
FORM SHALL BE PRESCRIBED BY THE BOARD.
  S  3. Paragraph (b) of subdivision 2 of section 631-a of the executive
law, as amended by chapter 263 of the laws of 1986, is amended  to  read
as follows:
  (b)  These  regulations shall also provide for services including, but
not limited to:
  (i) assistance to claimants seeking crime victims  compensation  bene-
fits;
  (ii) referrals, crisis intervention and other counseling services;
  (iii) services to elderly victims and to child victims and their fami-
lies;
  (iv) transportation and household assistance; [and]
  (v)  outreach  to  the  community  and  education  and training of law
enforcement and other criminal justice officials to the needs  of  crime
victims; AND
  (VI)  PROPHYLACTIC  TREATMENT  THERAPIES  IN  CASES  WHERE IT HAS BEEN
DETERMINED THAT A SIGNIFICANT EXPOSURE TO HIV HAS OCCURRED.
  S 4. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

co-Sponsors

View additional co-sponsors

multi-Sponsors

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2009-A2355A (ACTIVE) - Details

See Senate Version of this Bill:: S2680
Current Committee:: Senate Rules
Law Section:: Public Health Law
Laws Affected:: Amd §2805-i, Pub Health L; amd §§631 & 631-a, Exec L
Versions Introduced in 2011-2012 Legislative Session:: A669

2009-A2355A (ACTIVE) - Summary

Requires financial assistance from the crime victims board for post-exposure prophylaxis treatment for victims of sexual assault.

2009-A2355A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:A2355A                REVISED 5/4/10

TITLE OF BILL:  An act to amend the public health law and the
executive law, in relation to financial assistance from the crime
victims board for post-exposure prophylaxis treatment for victims of
sexual assault

PURPOSE OF BILL:  To amend the public health law to enable survivors
of sexual assault who have undergone a forensic rape exam to receive
the full course of HIV post exposure prophylaxis (PEP) treatment
regardless of ability to pay.

SUMMARY OF PROVISIONS:  This legislation provides for a simplification
of payment procedures for survivors of sexual assault who are found by
medical examiners conducting the Forensic Rape Exam (FRE) to be at
risk for HIV/AIDS and therefore in need of PEP as follows: At the time
of exam, survivors deemed at risk will be given a 9-day starter pack
of the PEP. The emergency department where the exam is conducted will
bill and be reimbursed by the Crime Victims Board as they are
currently.  The CVB will be billed for the remaining 21 days of
treatment by the appropriate clinic or in rural areas, as defined by
statute, the county health department.

EXISTING LAW: NA

JUSTIFICATION:  It is imperative to provide treatment to all survivors

designated by Forensic Rape Examiners as at risk for HIV-AIDs. The
costs of treating this HIV-AIDs fall upon the state nearly 90 percent
of all cases, resulting in a dollar amount, per case, that exceeds
preventive treatment by hundreds of thousands of dollars. Removing the
obstacles that stand between sexual assault survivors and PEP
treatment will decrease those individuals' chances of becoming
infected with HIV-AIDs. The recommended time to begin treatment is
within 36 hours of exposure.

Currently some survivors who have been deemed at risk for HIV AIDs do
not complete PEP treatment for a number of reasons including inability
to cover the cost of medication while awaiting reimbursement from the
CVB; inability to fill out requisite paperwork within three days as a
result of paralyzing trauma caused by the assault; inadequate time
between current 3- day starter pack and appointment with follow-up
provider, to name the most often cited.

By streamlining the process and increasing outreach to assault
survivors who have undergone a forensic exam, this law would make PEP
treatment more accessible. This facilitation of long-term, preventive
care could save the State millions of dollars in treatment costs by
stemming potential HIV/AIDS cases.

LEGISLATIVE HISTORY:

FISCAL IMPLICATIONS:  Under the current system, the CVB covers costs
of PEP treatment in most cases. The funding comes from restitution
funds and federal grant dollars. This funding does not come from the
state budget.  However it is the state that ends up paying for over 85
percent of the treatment to those who become HIV positive, as that is
the percentage that qualifies for medical care that is state


subsidized.  The total cost for PEP under the FRE provision for the
most recent available year was $180,000.

The FRE universe is less than 4,000 persons per year. A very small
percentage of those survivors begin treatment. There is no reason to
anticipate a huge jump in those opting for the PEP treatment.

2009-A2355A (ACTIVE) - Bill Text download pdf

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

                                 2355--A

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 15, 2009
                               ___________

Introduced by M. of A. JAFFEE, SCHIMEL, KOLB, BENEDETTO, SPANO, CALHOUN,
  DelMONTE,  CAHILL,  ZEBROWSKI,  ALFANO,  JOHN,  GUNTHER,  CHRISTENSEN,
  JEFFRIES,  PAULIN,  SWEENEY,   FIELDS,   GOTTFRIED,   MAISEL,   FINCH,
  O'DONNELL,  MARKEY, ESPAILLAT, N. RIVERA, ROSENTHAL -- Multi-Sponsored
  by -- M. of A. BALL, CLARK, COLTON,  CROUCH,  ERRIGO,  GALEF,  HOOPER,
  HYER-SPENCER,  JACOBS,  KELLNER,  KOON,  LATIMER,  P. LOPEZ,  LUPARDO,
  MAGNARELLI, McDONOUGH, McENENY, PHEFFER, ROBINSON, SCARBOROUGH,  SCOZ-
  ZAFAVA,  WEISENBERG  --  read  once  and  referred to the Committee on
  Health -- recommitted to the Committee on Health  in  accordance  with
  Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the public health law and the executive law, in relation
  to financial assistance from the crime victims board 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  added  by  chapter 571 of the laws of 2007, is
amended to read as follows:
  (c) offering and making available appropriate HIV post-exposure treat-
ment therapies 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] IS available from the crime victims board pursu-
ant to the provisions  of  article  twenty-two  of  the  executive  law;
PROVIDED, HOWEVER, THAT A FORENSIC RAPE EXAMINATION SHALL INCLUDE A NINE
DAY  STARTER  PACK  TO BE PROVIDED BY THE HOSPITAL EMERGENCY ROOM AT THE
TIME OF THE FORENSIC RAPE EXAMINATION. THE HOSPITAL EMERGENCY ROOM SHALL
DETERMINE WHICH CLINIC WITHIN THE HOSPITAL OR IF MORE CONVENIENT FOR THE
VICTIM, ANOTHER HOSPITAL  OR  CLINIC,  WHERE  FOLLOW-UP  CARE  SHALL  BE
PROVIDED.  IN  RURAL  COUNTIES PURSUANT TO SUBDIVISION TWELVE OF SECTION

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03647-06-0

A. 2355--A                          2

TWO HUNDRED THIRTY-EIGHT OF THIS CHAPTER, WHERE HOSPITALS  DO  NOT  HAVE
THE  APPROPRIATE  FACILITY  TO  ACCOMMODATE FOLLOW-UP CARE, THE HOSPITAL
EMERGENCY ROOM DEPARTMENT SHALL REFER THE VICTIM TO THE  COUNTY  DEPART-
MENT  OF HEALTH, WHICH, IN TURN SHALL PROVIDE REFERRAL SERVICES FOR SUCH
FOLLOW-UP CARE.  THE HOSPITALS, CLINICS, AND RURAL COUNTY HEALTH DEPART-
MENTS AS REFERENCED ABOVE ARE THE BILLING ENTITIES.
  S 2. Subdivision 13 of section 631 of the executive law, as amended by
section 1 of part E of chapter 56 of the laws of 2009, is amended and  a
new subdivision 13-a is added 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 board directly. The board, in  consul-
tation 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, hospital  or
healthcare facility services related to the exam, and related laboratory
tests  and  pharmaceuticals.  [Follow-up  HIV  post-exposure prophylaxis
costs shall continue to be reimbursed  according  to  established  board
procedure.]  The  board,  in consultation with the department of health,
shall also generate 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 board 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
healthcare provider may not charge the board. 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 board; provided, however, such sexual assault survivor
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 board.
[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
board.
  13-A. NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW, RULE, OR REGULATION
TO THE CONTRARY, WHEN ANY BILLING ENTITY PROVIDES PROPHYLACTIC TREATMENT
FOR SIGNIFICANT POSSIBLE EXPOSURE TO HIV TO A VICTIM OF  SEXUAL  ASSAULT
AS PRESCRIBED BY A LICENSED HEALTHCARE PROVIDER, SUCH TREATMENT SHALL BE

A. 2355--A                          3

PROVIDED  TO  THE  PERSON WITHOUT CHARGE AND THE PHARMACY SHALL BILL THE
BOARD DIRECTLY. THE  BOARD,  IN  CONSULTATION  WITH  THE  DEPARTMENT  OF
HEALTH,  SHALL  GENERATE  THE  NECESSARY  REGULATIONS  AND FORMS FOR THE
DIRECT  REIMBURSEMENT  PROCEDURE.  THE  RATE  FOR REIMBURSEMENT SHALL BE
ESTABLISHED AND REVIEWED AND ADJUSTED AT LEAST ANNUALLY BY THE BOARD  IN
CONSULTATION  WITH  THE  DEPARTMENT  OF  HEALTH. THE BILLING ENTITY MUST
ACCEPT THIS FEE AS PAYMENT  IN  FULL  FOR  THE  SPECIFIED  POST-EXPOSURE
PROPHYLACTIC  TREATMENT THERAPIES. NO ADDITIONAL BILLING OF THE SURVIVOR
FOR SAID MEDICATIONS IS  PERMISSIBLE.  A  SEXUAL  ASSAULT  SURVIVOR  MAY
VOLUNTARILY  ASSIGN ANY PRIVATE INSURANCE BENEFITS TO WHICH SHE OR HE IS
ENTITLED FOR THE PROPHYLACTIC MEDICATIONS, IN  WHICH  CASE  THE  BILLING
ENTITY  MAY NOT CHARGE THE BOARD. A BILLING ENTITY 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 BOARD; PROVIDED, HOWEVER, SUCH SEXUAL ASSAULT SURVIVOR
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 PROPHYLACTIC TREATMENT FEE SHALL BE PAID BY THE BOARD. IF  HE
OR  SHE DECLINES TO PROVIDE SUCH HEALTH INSURANCE INFORMATION, HE OR SHE
SHALL INDICATE SUCH DECISION ON THE FORM PROVIDED BY THE BILLING ENTITY,
WHICH FORM SHALL BE PRESCRIBED BY THE BOARD.  THE NINE DAY STARTER  PACK
PROVIDED  TO  THE VICTIM PURSUANT TO PARAGRAPH (C) OF SUBDIVISION ONE OF
SECTION TWENTY-EIGHT HUNDRED FIVE-I OF THE PUBLIC HEALTH  LAW  SHALL  BE
CONSIDERED PART OF THE FORENSIC RAPE EXAMINATION AND BILLED ACCORDINGLY.
FOR  THE  REMAINING TWENTY-ONE DAYS OF TREATMENT, THE APPROPRIATE CLINIC
OR IN A RURAL AREA, THE COUNTY DEPARTMENT  OF  HEALTH,  SHALL  BILL  THE
CRIME  VICTIMS  BOARD  AND BE REIMBURSED BY SUCH BOARD. IF THE VICTIM IS
NOT SEEKING  REIMBURSEMENT  FROM  THE  BOARD,  SUCH  VICTIM  CAN  CHOOSE
FOLLOW-UP CARE BY ATTENDING THE APPROPRIATE CLINIC OR SEEKING A PROVIDER
OF HIS OR HER CHOICE.
  S  3. Paragraph (b) of subdivision 2 of section 631-a of the executive
law, as amended by chapter 263 of the laws of 1986, is amended  to  read
as follows:
  (b)  These  regulations shall also provide for services including, but
not limited to:
  (i) assistance to claimants seeking crime victims  compensation  bene-
fits;
  (ii) referrals, crisis intervention and other counseling services;
  (iii) services to elderly victims and to child victims and their fami-
lies;
  (iv) transportation and household assistance; [and]
  (v)  outreach  to  the  community  and  education  and training of law
enforcement and other criminal justice officials to the needs  of  crime
victims;
  (VI)  PROPHYLACTIC  TREATMENT  THERAPIES  IN  CASES  WHERE IT HAS BEEN
DETERMINED THAT A SIGNIFICANT EXPOSURE TO HIV HAS OCCURRED; AND
  (VII) IDENTIFYING HEALTH CARE  PROVIDERS  ACROSS  THE  STATE  WHO  CAN
PROVIDE  FOLLOW-UP CARE FOR VICTIMS INCLUDING BUT NOT LIMITED TO HOW AND
WHERE TO ACCESS HIV POST-EXPOSURE PROPHYLAXIS.
  S 4. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

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Assembly Bill A2355A

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