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

                                 3200--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 11, 2011
                               ___________

Introduced  by  Sens. HANNON, JOHNSON, KRUEGER, MONTGOMERY, OPPENHEIMER,
  PARKER, SAVINO, SERRANO -- read twice and ordered  printed,  and  when
  printed  to  be committed to the Committee on Health -- recommitted to
  the Committee on Health in accordance with Senate Rule 6,  sec.  8  --
  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 office of victim services  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 amended by section 39 of part A-1 of chapter 56 of
the laws of 2010, 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 office of victim services
pursuant 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
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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03995-03-2

              

S. 3200--A                          2

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 22 of part A-1 of chapter 56 of the laws of 2010, 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  office  directly.  The  office,  in
consultation  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,  hospi-
tal  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 estab-
lished office procedure. The office, 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 office 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  office.  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 office; 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 office. [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 office.
  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
PROVIDED  TO  THE  PERSON WITHOUT CHARGE AND THE PHARMACY SHALL BILL THE
OFFICE DIRECTLY. THE OFFICE, 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

S. 3200--A                          3

ESTABLISHED AND REVIEWED AND ADJUSTED AT LEAST ANNUALLY BY THE OFFICE 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 OFFICE.  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 OFFICE; PROVIDED, HOWEVER, SUCH SEXUAL ASSAULT SURVI-
VOR 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 OFFICE.  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  OFFICE.    THE  NINE  DAY
STARTER  PACK PROVIDED TO THE VICTIM PURSUANT TO PARAGRAPH (C) OF SUBDI-
VISION 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 APPRO-
PRIATE CLINIC OR IN A RURAL AREA, THE COUNTY DEPARTMENT OF HEALTH, SHALL
BILL THE OFFICE OF VICTIM SERVICES AND BE REIMBURSED BY SUCH OFFICE.  IF
THE VICTIM IS NOT SEEKING REIMBURSEMENT FROM THE OFFICE, 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 section 27 of part A-1 of chapter 56 of the  laws  of
2010, 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.

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

                                 3200--B
    Cal. No. 524

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 11, 2011
                               ___________

Introduced by Sens. HANNON, JOHNSON, KLEIN, KRUEGER, LARKIN, MONTGOMERY,
  OPPENHEIMER,  PARKER, SAVINO, SERRANO -- read twice and ordered print-
  ed, and when printed to be committed to the  Committee  on  Health  --
  recommitted  to the Committee on Health in accordance with Senate Rule
  6, sec. 8 -- committee discharged, bill amended, ordered reprinted  as
  amended  and  recommitted to said committee -- reported favorably from
  said committee and committed to the Committee on Finance  --  reported
  favorably  from  said  committee,  ordered to first and second report,
  amended on second report, ordered  to  a  third  reading,  and  to  be
  reprinted  as amended, retaining its place in the order of third read-
  ing

AN ACT to amend the public health law and the executive law, in relation
  to financial assistance from the office of victim services  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 amended by section 39 of part A-1 of chapter 56 of
the laws of 2010, is amended to read as follows:
  (c) offering and making available appropriate HIV post-exposure treat-
ment  therapies; INCLUDING A SEVEN DAY STARTER PACK OF HIV POST-EXPOSURE
PROPHYLAXIS, 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  available  from  the office of victim services
pursuant to the provisions of article twenty-two of the  executive  law.
WITH  THE  CONSENT OF THE VICTIM OF A SEXUAL ASSAULT, THE HOSPITAL EMER-
GENCY ROOM DEPARTMENT SHALL PROVIDE OR ARRANGE FOR  AN  APPOINTMENT  FOR
MEDICAL  FOLLOW-UP  RELATED  TO  HIV POST-EXPOSURE PROPHYLAXIS AND OTHER
CARE AS APPROPRIATE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03995-07-2
              

S. 3200--B                          2

  S 2. Subdivision 13 of section 631 of the executive law, as amended by
section 22 of part A-1 of chapter 56 of the laws of 2010, is amended  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  office  directly.  The  office,  in
consultation  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,  hospi-
tal  or  healthcare  facility  services related to the exam, and related
laboratory tests and NECESSARY pharmaceuticals; INCLUDING BUT NOT LIMIT-
ED TO HIV POST-EXPOSURE PROPHYLAXIS PROVIDED  BY  A  HOSPITAL  EMERGENCY
ROOM  AT THE TIME OF THE FORENSIC RAPE EXAMINATION PURSUANT TO PARAGRAPH
(C) OF SUBDIVISION ONE OF SECTION TWENTY-EIGHT  HUNDRED  FIVE-I  OF  THE
PUBLIC  HEALTH  LAW. Follow-up HIV post-exposure prophylaxis costs shall
continue to be reimbursed according to established office procedure. The
office, in consultation with the department of health, shall also gener-
ate 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 office 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  health-
care  provider  may  not  charge  the office. 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 office; provided, however, such sexual assault survi-
vor 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 office.
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
office.
  S 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law.