S T A T E O F N E W Y O R K
________________________________________________________________________
2279--A
2019-2020 Regular Sessions
I N S E N A T E
January 23, 2019
___________
Introduced by Sens. HOYLMAN, CARLUCCI -- read twice and ordered printed,
and when printed to be committed to the Committee on Health --
reported favorably from said committee and committed to the Committee
on Finance -- 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 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 section 1 of part HH of chapter 57 of
the laws of 2018, 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; and
§ 2. Subdivision 13 of section 631 of the executive law, as amended by
section 3 of part HH of chapter 57 of the laws of 2018, is amended to
read as follows:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04742-07-9
S. 2279--A 2
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 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] PROVIDED, HOWEVER, THE
OFFICE SHALL, in consultation with the department of health, ANNUALLY
REVIEW AND DETERMINE IF A HIGHER RATE FOR REIMBURSEMENT FOR ITEMIZED
CHARGES EXCEEDING EIGHT HUNDRED DOLLARS IS FEASIBLE AND APPROPRIATE
BASED ON THE ACTUAL COST OF REIMBURSABLE EXPENSES, AND ADJUST SUCH RATE
FOR REIMBURSEMENT ACCORDINGLY. 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; provided,
however, in the event the sexual assault survivor assigns any private
health insurance benefit, such coverage shall not be subject to annual
deductibles or coinsurance 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 enti-
tled 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 insur-
ance benefits if he or she believes that the provision of such informa-
tion 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.
S. 2279--A 3
§ 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.
