S T A T E   O F   N E W   Y O R K
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                                  7887

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             April 28, 2009
                               ___________

Introduced  by  M.  of A. PAULIN, GALEF, MARKEY, REILLY, BRADLEY, CLARK,
  ESPAILLAT, GOTTFRIED, HOYT, JAFFEE, JOHN, LANCMAN, MAYERSOHN,  MOLINA-
  RO,  PHEFFER,  SCHIMMINGER, SPANO, LUPARDO -- Multi-Sponsored by -- M.
  of A. ALFANO, BENEDETTO, CHRISTENSEN, DelMONTE, HYER-SPENCER,  MAISEL,
  McENENY, NOLAN, PEOPLES, ROSENTHAL, TOWNS, WEISENBERG -- read once and
  referred to the Committee on Governmental Operations

AN  ACT  to amend the executive law, in relation to direct reimbursement
  to experts for  forensic  physical  abuse  assessments  by  the  crime
  victims board

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

  Section 1. Section 631 of the executive law is amended by adding a new
subdivision 17 to read as follows:
  17. (A) NOTWITHSTANDING ANY OTHER PROVISION OF  LAW,  RULE,  OR  REGU-
LATION  TO  THE  CONTRARY,  WHENEVER ANY HOSPITAL LICENSED UNDER ARTICLE
TWENTY-EIGHT OF THE PUBLIC HEALTH LAW OR CHILD  ADVOCACY  CENTER  ESTAB-
LISHED  UNDER SECTION FOUR HUNDRED TWENTY-THREE-A OF THE SOCIAL SERVICES
LAW DETERMINES IT APPROPRIATE  TO  FURNISH  SERVICES  RELATING  TO,  THE
FORENSIC  COMPONENT  OF  A  PHYSICAL ABUSE ASSESSMENT IN ACCORDANCE WITH
PROTOCOLS AND REGULATIONS ESTABLISHED BY THE DEPARTMENT  OF  HEALTH,  TO
ANY  PERSON UNDER THE AGE OF EIGHTEEN (I) WHO IS THE SUBJECT OF A REPORT
TO THE CENTRAL REGISTER, AS PROVIDED IN SECTION FOUR HUNDRED  TWENTY-TWO
OF  THE SOCIAL SERVICES LAW, OR (II) UPON THE REQUEST OF LAW ENFORCEMENT
PERSONNEL, A REPRESENTATIVE OF THE OFFICE OF THE DISTRICT ATTORNEY, OR A
HOSPITAL LICENSED UNDER ARTICLE TWENTY-EIGHT OF THE PUBLIC HEALTH LAW OR
CHILD ADVOCACY CENTER, SUCH HOSPITAL  OR  CHILD  ADVOCACY  CENTER  SHALL
ENGAGE  A  CHILD  ABUSE PEDIATRICIAN AS DEFINED BY THE AMERICAN BOARD OF
PEDIATRICS, TO PROVIDE SUCH SERVICES TO THE PERSON  WITHOUT  CHARGE  AND
SUCH  HOSPITAL  OR  CHILD ADVOCACY CENTER SHALL BILL THE BOARD DIRECTLY.
THE BOARD, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, SHALL  PROMUL-
GATE  REGULATIONS  TO  DEFINE THE SPECIFIC SERVICES TO BE COVERED BY THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01424-02-9
              

A. 7887                             2

PHYSICAL ABUSE ASSESSMENT REIMBURSEMENT FEE WHICH SHALL INCLUDE PHYSICAL
EXAMINATION OF SUCH PERSON, DOCUMENTATION  OF  INJURY  WITH  PHOTOGRAPHS
AND/OR COLPOSCOPY, REVIEW OF SUCH PERSON'S PRIOR MEDICAL RECORDS, REVIEW
OF RADIOGRAPHS WITH RADIOLOGISTS, CONSULTATION WITH SUCH PERSON'S TREAT-
ING  PHYSICIANS  AND  OTHER  EXPERTS,  AND MEETING WITH CHILD PROTECTIVE
SERVICES, LOCAL LAW ENFORCEMENT AND THE PROSECUTION IN  CONNECTION  WITH
INVESTIGATIONS  BY  MULTI-DISCIPLINARY TEAMS. THE BOARD, IN CONSULTATION
WITH THE DEPARTMENT OF HEALTH,  SHALL  ALSO  PROMULGATE  REGULATIONS  TO
IMPLEMENT,  AND  PROVIDE  FORMS FOR, THE DIRECT REIMBURSEMENT PROCEDURE.
THE RATE FOR REIMBURSEMENT SHALL NOT EXCEED EIGHT HUNDRED DOLLARS, WHICH
RATE WILL BE REVIEWED AND ADJUSTED ANNUALLY BY THE BOARD IN CONSULTATION
WITH THE DEPARTMENT OF HEALTH. THE HOSPITAL  OR  CHILD  ADVOCACY  CENTER
PROVIDING  SUCH  SERVICES  MUST  ACCEPT  THIS FEE AS PAYMENT IN FULL FOR
THESE SPECIFIED SERVICES. NO ADDITIONAL BILLING OF THE  PERSON  ASSESSED
OR REFERRING AGENCY FOR SUCH SERVICES IS PERMISSIBLE.
  (B)  ON  OR  BEFORE THE THIRTIETH DAY OF THE SIXTH MONTH FOLLOWING THE
INITIAL TWELVE-MONTH PERIOD  IN  WHICH  THE  PHYSICAL  ABUSE  ASSESSMENT
PROGRAM  ESTABLISHED UNDER PARAGRAPH (A) OF THIS SUBDIVISION HAS BEEN IN
OPERATION, THE CHAIRPERSON SHALL MAKE A  REPORT  TO  THE  GOVERNOR,  THE
TEMPORARY  PRESIDENT  OF  THE  SENATE  AND  THE  SPEAKER OF THE ASSEMBLY
CONCERNING THE PHYSICAL ABUSE  ASSESSMENT  PROGRAM.  SUCH  REPORT  SHALL
INCLUDE  AN  EVALUATION  OF  THE EFFICACY OF SUCH PROGRAM IN IDENTIFYING
CHILD ABUSE OR MALTREATMENT. SUCH REPORT SHALL  ALSO  RECOMMEND  WHETHER
THIS  PROGRAM  SHOULD BE EXPANDED AND SHALL ESTIMATE THE FINANCIAL COST,
IF ANY, OF SUCH PROPOSED EXPANSION.
  S 2. This act shall take effect on April 1,  2010.    Effective  imme-
diately, the addition, amendment and/or repeal of any rule or regulation
necessary  for  the  implementation of this act on its effective date is
authorized and directed to be made  and  completed  on  or  before  such
effective date.