S T A T E O F N E W Y O R K
________________________________________________________________________
9926
I N A S S E M B L Y
February 23, 2018
___________
Introduced by M. of A. GOTTFRIED -- read once and referred to the
Committee on Health
AN ACT to amend the public health law, the executive law and the insur-
ance law, in relation to sexual assault forensic exams
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 1 of section 2805-i of the public health law,
as amended by chapter 504 of the laws of 1994 and paragraph (c) as
amended by chapter 39 of the laws of 2012, is amended to read as
follows:
1. Every hospital providing treatment to alleged victims of a sexual
offense shall be responsible for:
(a) maintaining sexual offense evidence and the chain of custody as
provided in subdivision two of this section[.];
(b) contacting a rape crisis or victim assistance organization, if
any, providing victim assistance to the geographic area served by that
hospital to establish the coordination of non-medical services to sexual
offense victims who request such coordination and services[.];
(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; AND
(D) ENSURING SEXUAL ASSAULT SURVIVORS ARE NOT BILLED FOR SEXUAL
ASSAULT FORENSIC EXAMS AND ARE NOTIFIED ORALLY AND IN WRITING OF THE
OPTION TO DECLINE TO PROVIDE PRIVATE HEALTH INSURANCE INFORMATION AND
HAVE THE OFFICE OF VICTIM SERVICES REIMBURSE THE HOSPITAL FOR THE EXAM
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13870-02-8
A. 9926 2
PURSUANT TO SUBDIVISION THIRTEEN OF SECTION SIX HUNDRED THIRTY-ONE OF
THE EXECUTIVE LAW.
§ 2. Subdivision 13 of section 631 of the executive law, as amended by
chapter 39 of the laws of 2012, 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; PROVIDED, HOWEVER, IN THE EVENT
THE SEXUAL ASSAULT SURVIVOR ASSIGNS ANY PRIVATE HEALTH INSURANCE BENE-
FIT, SUCH COVERAGE SHALL NOT BE SUBJECT TO ANNUAL DEDUCTIBLES OR COINSU-
RANCE OR BALANCE BILLING BY THE HOSPITAL, SEXUAL ASSAULT EXAMINER
PROGRAM OR LICENSED HEALTH CARE PROVIDER. 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.
A. 9926 3
§ 3. Subsection (i) of section 3216 of the insurance law is amended by
adding a new paragraph 34 to read as follows:
(34) HEALTH CARE FORENSIC EXAMINATIONS PERFORMED PURSUANT TO SECTION
TWENTY-EIGHT HUNDRED FIVE-I OF THE PUBLIC HEALTH LAW COVERED UNDER THE
POLICY SHALL NOT BE SUBJECT TO ANNUAL DEDUCTIBLES OR COINSURANCE.
§ 4. Subsection (l) of section 3221 of the insurance law is amended by
adding a new paragraph 20 to read as follows:
(20) HEALTH CARE FORENSIC EXAMINATIONS PERFORMED PURSUANT TO SECTION
TWENTY-EIGHT HUNDRED FIVE-I OF THE PUBLIC HEALTH LAW COVERED UNDER THE
POLICY SHALL NOT BE SUBJECT TO ANNUAL DEDUCTIBLES OR COINSURANCE.
§ 5. Section 4303 of the insurance law is amended by adding a new
subsection (rr) to read as follows:
(RR) HEALTH CARE FORENSIC EXAMINATIONS PERFORMED PURSUANT TO SECTION
TWENTY-EIGHT HUNDRED FIVE-I OF THE PUBLIC HEALTH LAW COVERED UNDER THE
CONTRACT SHALL NOT BE SUBJECT TO ANNUAL DEDUCTIBLES OR COINSURANCE.
§ 6. This act shall take effect immediately, and shall apply to all
policies and contracts issued, renewed, modified, altered or amended on
or after the first of January next succeeding such effective date.