Senate Bill S8578

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8578
 
                             I N  S E N A T E
 
                               May 10, 2018
                                ___________
 
 Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Health
 
 AN ACT to amend the public health law and the executive law, in relation
   to HIV post-exposure prophylaxis and other health  care  services  for
   sexual assault victims
 
   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 chapter 39 of the laws of 2012, is
 amended to read as follows:
   (c) offering and making available appropriate HIV post-exposure treat-
 ment therapies; including a [seven day starter pack] FULL REGIMEN of HIV
 post-exposure prophylaxis, in cases where it  has  been  determined,  in
 accordance  with  guidelines  issued by the commissioner, that a signif-
 icant 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 emergency room department shall provide or arrange  for  an
 appointment  for  medical follow-up related to HIV post-exposure prophy-
 laxis and other care as appropriate, AND INFORM THE VICTIM THAT  PAYMENT
 ASSISTANCE  FOR  SUCH  CARE  MAY  BE AVAILABLE FROM THE OFFICE OF VICTIM
 SERVICES PURSUANT TO THE PROVISIONS OF ARTICLE TWENTY-TWO OF THE  EXECU-
 TIVE 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD05535-01-7

 S. 8578                             2
 
 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  BILLED  BY  THE  HEALTH  CARE PROVIDER TO THE OFFICE
 DIRECTLY AND reimbursed [according to established office  procedure]  BY
 THE  OFFICE DIRECTLY. 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.
   § 3. This act shall take effect on the one hundred eightieth day after
 it shall have become a law; provided  that  effective  immediately,  the
 commissioner of health and the director of the office of victim services
 shall make regulations and take other action necessary to implement this
 act on such date.