S T A T E O F N E W Y O R K
________________________________________________________________________
7169
I N S E N A T E
(PREFILED)
January 3, 2018
___________
Introduced by Sens. SERINO, HANNON, AMEDORE, AVELLA, FUNKE, HELMING,
LITTLE, MARCHIONE, O'MARA, PHILLIPS, RITCHIE, SEWARD, TEDISCO, VALESKY
-- read twice and ordered printed, and when printed to be committed to
the Committee on Health
AN ACT to amend the public health law, in relation to creating a pilot
program for Lyme and tick-borne disease testing in children
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 206-b of the public health law, as added by chapter
260 of the laws of 1988, is amended to read as follows:
§ 206-b. LYME AND TICK-BORNE DISEASE. 1. Special requirements with
respect to Lyme disease diagnosis. [1.] A. Within thirty days after the
effective date of this section, the commissioner shall, in writing,
order every physician practicing in Suffolk, Westchester and Nassau
counties to review the medical records of any patient such physician
treated during the period commencing January first, nineteen hundred
seventy-five and ending on the date of such order wherein such physician
made a diagnosis of juvenile rheumatoid arthritis and to review the
circumstances of such diagnosis to reconsider whether such patient has
suffered, or is suffering, from the complex, multi-system disorder
caused by the bacterium Borrelia burgdorferi, which disease is transmit-
ted by the Ixodes dammini tick and is commonly referred to as "Lyme
disease". In any case where a hospital or other health care institution
or provider has custody or control of the medical records for a patient
so diagnosed, upon request such physician shall be entitled to review
such medical records for purposes of complying with such order or the
commissioner may order any such hospital or other health care institu-
tion or provider wherever situated within the state to review such
records to reconsider a diagnosis of Lyme disease.
[2.] B. The commissioner, upon a showing that there is a reasonable
basis to believe that the order provided for herein has not been
complied with, shall be entitled to apply to a justice of the supreme
court for an order requiring any such physician to submit for the
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13805-01-7
S. 7169 2
commissioner's consideration such records, charts or other pertinent
data which will enable him to determine whether there has been full
compliance with such order.
[3.] C. In any case where a review of such records indicates that a
patient may have been, or is, suffering from Lyme disease, such physi-
cian shall, consistent with customary and acceptable medical standards,
take such action he deems necessary to inform such patient or in the
case of a minor, his or her parent or guardian of his findings, conduct
additional tests, administer other necessary treatments or refer such
patient to another physician for further diagnosis and/or treatment.
2. PILOT PROGRAM FOR LYME AND TICK-BORNE DISEASE TESTING IN CHILDREN.
A. SUBJECT TO APPROPRIATION, THE COMMISSIONER IS HEREBY AUTHORIZED TO
ESTABLISH A PILOT PROGRAM TO TEST FOR LYME AND TICK-BORNE DISEASES IN
CHILDREN WITH QUALIFYING DIAGNOSES WHO PRESENT WITH SIMILAR SYMPTOMS.
SUCH PROGRAM, SUBJECT TO THE RULES AND REGULATIONS OF THE COMMISSIONER,
SHALL PROVIDE FOR A TEST TO RULE OUT LYME AND TICK-BORNE DISEASES IN
CHILDREN WITH A QUALIFYING DIAGNOSIS BY AN APPROVED NEW YORK STATE QUAL-
IFIED MEDICAL RESEARCH INSTITUTION OR LABORATORY, AT THE REQUEST OF A
PATIENT, MEDICAL PROVIDER, PRACTITIONER, HOSPITAL, OR HEALTH CARE FACIL-
ITY. THE QUALIFIED MEDICAL RESEARCH INSTITUTION OR LABORATORY SHALL BE
RESPONSIBLE FOR CONDUCTING SEROLOGY TESTING, OR OTHER LYME AND TICK-
BORNE DISEASE TESTS APPROVED BY THE COMMISSIONER, TO DETERMINE THE ESTI-
MATED RATE OF MISDIAGNOSIS AND CO-INFECTIONS IN CHILDREN AND FOR THE
DEVELOPMENT OF CONTINUING GRADUATE MEDICAL EDUCATION CURRICULUM ADDRESS-
ING THE SYMPTOMS AND DIAGNOSTIC TOOLS THAT CAN ASSIST IN ACCURATELY
IDENTIFYING AND TESTING FOR LYME AND TICK-BORNE DISEASES IN CHILDREN.
THE QUALIFIED MEDICAL RESEARCH INSTITUTION OR LABORATORY MAY WORK WITH
NOT-FOR-PROFITS, PROFESSIONAL ASSOCIATIONS, OR ACADEMIC INSTITUTIONS TO
DEVELOP THE CONTINUING GRADUATE MEDICAL EDUCATION CURRICULUM.
B. FOR PURPOSES OF THIS SUBDIVISION, THE FOLLOWING TERMS SHALL HAVE
THE FOLLOWING MEANINGS:
(I) "QUALIFIED MEDICAL RESEARCH INSTITUTION OR LABORATORY" MAY INCLUDE
ACADEMIC MEDICAL INSTITUTIONS, AGENCIES, PUBLIC OR PRIVATE ORGANIZA-
TIONS, PUBLIC OR PRIVATE LABORATORIES OR ANY OTHER INSTITUTION OR LABO-
RATORY APPROVED BY THE DEPARTMENT THAT IS CONDUCTING LYME AND TICK-BORNE
DISEASE RESEARCH, INCLUDING BUT NOT LIMITED TO, TESTING FOR THE PRESENCE
OF SUCH INFECTIONS;
(II) "QUALIFYING DIAGNOSES" SHALL MEAN JUVENILE RHEUMATOID ARTHRITIS
OR ANY OTHER COMMON MEDICAL DIAGNOSIS THAT PRESENTS WITH SIMILAR SYMP-
TOMS TO LYME AND TICK-BORNE DISEASE INFECTIONS THAT THE COMMISSIONER
DEEMS RELEVANT; AND
(III) "CHILDREN" SHALL MEAN ALL INDIVIDUALS UNDER THE AGE OF EIGHTEEN
WHO HAVE A QUALIFYING DIAGNOSIS.
C. THE COMMISSIONER SHALL REQUIRE THE QUALIFIED MEDICAL RESEARCH
INSTITUTION OR LABORATORY UNDER THE PILOT PROGRAM TO SUBMIT AN ANNUAL
REPORT, WHICH SHALL INCLUDE DATA ANALYZING THE COST, EFFICIENCY, AND
ACCURACY OF TESTS PROVIDED UNDER SUCH PROGRAM. THE REPORT SHALL ALSO
INCLUDE ESTIMATED RATES OF MISDIAGNOSIS OR CO-INFECTIONS OF LYME AND
TICK-BORNE DISEASES OF CHILDREN WITH QUALIFYING DIAGNOSES. ON OR BEFORE
DECEMBER THIRTY-FIRST, TWO THOUSAND NINETEEN, AND ANNUALLY THEREAFTER,
THE COMMISSIONER SHALL SUBMIT SUCH REPORT TO THE GOVERNOR, THE TEMPORARY
PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY.
D. PARTICIPATION IN THE PILOT PROGRAM SHALL BE VOLUNTARY AND SUBJECT
TO PARTICIPATION GUIDELINES ESTABLISHED BY THE DEPARTMENT. NOTHING IN
THIS SUBDIVISION SHALL ESTABLISH LIABILITY FOR ANY REASONABLE ACTS OR
S. 7169 3
OMISSIONS ON THE PART OF A HOSPITAL, HEALTH CARE INSTITUTION, OR PROVID-
ER PARTICIPATING IN THE PROGRAM.
§ 2. This act shall take effect on the ninetieth day after it shall
have become a law.
