NY State Senate Bill 2019-S2279

Senate Bill S2279

Signed By Governor

2019-2020 Legislative Session

Relates to HIV post-exposure prophylaxis and other health care services for sexual assault victims

download bill text pdf

Archive: Last Bill Status Via A1204 - Signed by Governor

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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 18, 2019	approval memo.59 signed chap.681
Dec 06, 2019	delivered to governor
Jun 18, 2019	returned to assembly passed senate 3rd reading cal.1536 substituted for s2279a
Jun 18, 2019	substituted by a1204a ordered to third reading cal.1536 committee discharged and committed to rules
Jun 10, 2019	print number 2279a
Jun 10, 2019	amend and recommit to finance
May 07, 2019	reported and committed to finance
Jan 23, 2019	referred to health

Votes

- Jun 18, 2019 - Floor Vote
  A1204
  
  59
  
  Aye
  
  3
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 18, 2019
      
      aye (59)
      
      Addabbo Jr.
      
      Akshar
      
      Amedore
      
      Antonacci
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Felder
      
      Flanagan
      
      Funke
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hoylman-Sigal
      
      Jackson
      
      Jordan
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      LaValle
      
      Lanza
      
      Little
      
      Liu
      
      Martinez
      
      May
      
      Mayer
      
      Metzger
      
      Montgomery
      
      Myrie
      
      O'Mara
      
      Parker
      
      Persaud
      
      Ramos
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Seward
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      nay (3)
      
      Gallivan
      
      Jacobs
      
      Ortt
  Jun 18, 2019 - Rules Committee Vote
  S2279
  
  18
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 18, 2019
      
      aye (18)
      
      Benjamin
      
      Breslin
      
      Comrie
      
      Flanagan
      
      Gianaris
      
      Hoylman-Sigal
      
      Kennedy
      
      Krueger
      
      LaValle
      
      Lanza
      
      Little
      
      Liu
      
      Martinez
      
      Parker
      
      Robach
      
      Savino
      
      Seward
      
      Stewart-Cousins
      
      aye wr (1)
      
      Griffo
  May 7, 2019 - Health Committee Vote
  S2279
  
  11
  
  Aye
  
  2
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Health Committee Vote: May 7, 2019
      
      aye (11)
      
      Benjamin
      
      Biaggi
      
      Carlucci
      
      Hoylman-Sigal
      
      Kaminsky
      
      Little
      
      Metzger
      
      Montgomery
      
      Rivera
      
      Salazar
      
      Stavisky
      
      nay (2)
      
      Antonacci
      
      Gallivan
      
      aye wr (2)
      
      Jacobs
      
      Ritchie

Bill Amendments

Original

A (Active)

co-Sponsors

2019-S2279 - Details

See Assembly Version of this Bill:: A1204
Law Section:: Public Health Law
Laws Affected:: Amd §2805-i, Pub Health L; amd §631, Exec L
Versions Introduced in Other Legislative Sessions:: 2015-2016: A10503
2017-2018: S8578, A2924

2019-S2279 - Summary

Relates to HIV post-exposure prophylaxis and other health care services for sexual assault victims.

2019-S2279 - Sponsor Memo

                                
 
BILL NUMBER: S2279

SPONSOR: HOYLMAN
 
TITLE OF BILL:

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

 
PURPOSE OR GENERAL IDEA OF BILL:

To enhance access to HIV-post exposure care for sexual assault victims,
especially for minors.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends Public Health Law § 2805-i(1)(c) with regard to hospi-
tals providing treatment of sexual offense victims, to require the
provision of a full regimen (instead of the current 7-day starter pack
requirement) of HIV post-exposure prophylaxis to sexual assault victims,
and provide that victims of sexual assault be informed that payment

assistance for this and follow-up care may be available from the Office
of Victim Services.

Section 2 amends Executive Law S 631(13) to provide that follow-up HIV
post-exposure prophylaxis costs be billed by the health care provided
directly to the Office of Victims Services and reimbursed directly to
the health care provider, rather than requiring the filing of a crime
victim compensation application.

Section 3 provides for an effective date 180 days after enactment.

 
JUSTIFICATION:

Under current law, minors may consent to health care in many circum-
stances. This is especially important for minors who have been the
victim of sexual assault. Care in the hospital emergency room can be
billed directly to the Office of Victims Services, without the need for
a formal application for crime victim compensation. This is important
for minors, because filing the application may have to be done by a
parent. However, follow-up care currently requires an application. This
effectively defeats the confidentiality in treatment of minors who are
the victim of a sexual assault.

Providing a full regimen of post-exposure prophylaxis (PEP) and simpli-
fying the process for follow-up care helps promote the important public
health goal of promoting PEP. By provided that a full regimen of HIV
post-exposure prophylaxis be provided to a sexual assault victim and
that the costs of follow-up care be billed directly to the OVS and
reimbursement be paid directly to a health care provider these barriers
are effectively eliminated.

 
PRIOR LEGISLATIVE HISTORY:

2018: S.8578 (Hoylman) - Died in Health

 
FISCAL IMPLICATIONS:


Substantial savings to the state. Spending for crime victim compensation
may be slightly increased, but this would be balanced by reducing proc-
essing costs and the huge Medicaid savings of preventing cases of HIV
infection.

 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law.

2019-S2279 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2279
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 23, 2019
                                ___________
 
 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  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:
   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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD04742-01-9

 S. 2279                             2
 
 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 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; 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  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.
   § 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.

co-Sponsors

2019-S2279A (ACTIVE) - Details

See Assembly Version of this Bill:: A1204
Law Section:: Public Health Law
Laws Affected:: Amd §2805-i, Pub Health L; amd §631, Exec L
Versions Introduced in Other Legislative Sessions:: 2015-2016: A10503
2017-2018: S8578, A2924

2019-S2279A (ACTIVE) - Summary

Relates to HIV post-exposure prophylaxis and other health care services for sexual assault victims.

2019-S2279A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S2279A

SPONSOR: HOYLMAN
 
TITLE OF BILL:  An act to amend the public health law and the execu-
tive law, in relation to HIV post-exposure prophylaxis and other health
care services for sexual assault victims

 
PURPOSE OR GENERAL IDEA OF BILL:

To enhance access to HIV-post exposure care for sexual assault victims,
especially for minors.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends Public Health Law § 2805-i(1)(c) with regard to hospi-
tals providing treatment of sexual offense victims, to require the
provision of a full regimen (instead of the current 7-day starter pack
requirement) of HIV post-exposure prophylaxis to sexual assault victims,
and provide that victims of sexual assault be informed that payment
assistance for this and follow-up care may be available from the Office
of Victim Services.

Section 2 amends Executive Law S 631(13) to provide that follow-up HIV
post-exposure prophylaxis costs be billed by the health care provided
directly to the Office of Victims Services and reimbursed directly to
the health care provider, rather than requiring the filing of a crime
victim compensation application. This section also provides that the
Office of Victims Services, in conjunction with the Department of
Health, shall annually review and determine if a higher rate for
reimbursement than the existing statutory maximum rate of $800 is appro-
priate and feasible. If the Office finds that such an increase is appro-
priate and feasible, it may adjust the rate for reimbursement according-
ly.

Section 3 provides for an effective date 180 days after enactment.

 
JUSTIFICATION:

Under current law, minors may consent to health care in many circum-
stances. This is especially important for minors who have been the
victim of sexual assault. Care in the hospital emergency room can be
billed directly to the Office of Victims Services, without the need for
a formal application for crime victim compensation. This is important
for minors, because filing the application may have to be done by a
parent. However, follow-up care currently requires an application. This
effectively defeats the confidentiality in treatment of minors who are
the victim of a sexual assault.

Providing a full regimen of post-exposure prophylaxis (PEP) and simpli-
fying the process for follow-up care helps promote the important public
health goal of promoting PEP. By provided that a full regimen of HIV
post-exposure prophylaxis be provided to a sexual assault victim and
that the costs of follow-up care be billed directly to the OVS and
reimbursement be paid directly to a health care provider these barriers
are effectively eliminated.

 
PRIOR LEGISLATIVE HISTORY:

2018: S.8578 (Hoylman) - Died in Health
 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law.

2019-S2279A (ACTIVE) - Bill Text download pdf

                            
 
                     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.

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Senate Bill S2279

Share this bill

Sponsored By

Brad Hoylman-Sigal

Archive: Last Bill Status Via A1204 - Signed by Governor

Bill Amendments

co-Sponsors

David Carlucci

2019-S2279 - Details

2019-S2279 - Summary

2019-S2279 - Sponsor Memo

2019-S2279 - Bill Text download pdf

co-Sponsors

David Carlucci

Anna M. Kaplan

James Skoufis

2019-S2279A (ACTIVE) - Details

2019-S2279A (ACTIVE) - Summary

2019-S2279A (ACTIVE) - Sponsor Memo

2019-S2279A (ACTIVE) - Bill Text download pdf

Comments