Assembly Bill A9926

2017-2018 Legislative Session

Relates to sexual assault forensic exams

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2017-A9926 (ACTIVE) - Details

See Senate Version of this Bill:
S6964
Current Committee:
Assembly Codes
Law Section:
Public Health Law
Laws Affected:
Amd §2805-i, Pub Health L; amd §631, Exec L; amd §§3216, 3221 & 4303, Ins L

2017-A9926 (ACTIVE) - Summary

Ensures that 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; also provides that if such exam is covered by insurance, such coverage shall not be subject to annual deductibles or coinsurance.

2017-A9926 (ACTIVE) - Bill Text download pdf

                            
 
                     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.
              

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