Assembly Bill A4585A

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4585--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 4, 2021
                                ___________
 
 Introduced  by  M.  of  A.  RAJKUMAR,  LAVINE, GLICK, BICHOTTE HERMELYN,
   WEPRIN, NOLAN, EICHENSTEIN,  HEVESI,  SEPTIMO,  ANDERSON,  BRAUNSTEIN,
   GALEF,  GALLAGHER,  COOK,  CYMBROWITZ, SEAWRIGHT, FORREST, MAGNARELLI,
   DILAN -- read once and referred to the Committee on Health --  commit-
   tee  discharged, bill amended, ordered reprinted as amended and recom-
   mitted to said committee
 
 AN ACT to amend the public health law, in relation to administration  of
   the  monoclonal  antibody  treatment  for high risk patients suffering
   from COVID-19
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "COVID-19 Early Intervention Act".
   § 2. Legislative intent. Monoclonal antibody treatment has been  shown
 to  prevent   people at high risk of severe COVID-19 disease from hospi-
 talization or death if the treatment is administered within 10  days  of
 the  patient  showing symptoms.  Even though this FDA-approved treatment
 is shown to be life-saving, the treatment is often unused by health care
 providers. Drug manufacturer Eli Lilly released a study indicating  that
 the  treatment  decreased the rate of hospitalizations and death by 70%.
 The intent of this legislation is to require hospitals and other  health
 providers  to inform high risk patients of the availability of the mono-
 clonal antibody treatment and to administer it  to  consenting  patients
 where  supplies  exist.  This  can include treatment by any drug company
 that manufactures the monoclonal antibody treatment, including  but  not
 limited to Eli Lily or Regeneron.
   §  3. Section 2182 of the public health law is renumbered section 2183
 and a new section 2182 is added to read as follows:
   § 2182. MONOCLONAL ANTIBODY TREATMENT. 1. HOSPITALS  AND  HEALTH  CARE
 PROVIDERS SHALL BE REQUIRED TO INFORM PATIENTS AT HIGH RISK OF HOSPITAL-
 IZATION  OR  SEVERE  ILLNESS DUE TO COVID-19 OF THE OPTION OF MONOCLONAL

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD09121-05-1

 A. 4585--A                          2
 
 ANTIBODY TREATMENT WHERE SUCH PATIENT HAS TESTED POSITIVE  FOR  COVID-19
 AND WHERE SUCH TREATMENT IS MEDICALLY APPROPRIATE.
   2.  FOR  THE  PURPOSES OF THIS SECTION, "HIGH RISK" MEANS PATIENTS WHO
 HAVE ONE OR MORE OF SEVERAL QUALIFYING CONDITIONS. QUALIFYING CONDITIONS
 INCLUDE EITHER AGE OVER SIXTY-FIVE YEARS,  OR  CO-MORBIDITIES  INCLUDING
 BUT  NOT  LIMITED  TO  ADVANCED  CHRONIC  KIDNEY DISEASE, HEART FAILURE,
 PULMONARY DISEASE, CYSTIC FIBROSIS, SOLID ORGAN OR STEM CELL TRANSPLANT,
 ACTIVE  CHEMOTHERAPY  FOR  ACUTE   LEUKEMIA,   LYMPHOMA,   OR   MYELOMA,
 PARKINSON'S  DISEASE, USE OF IMMUNOSUPPRESSIVE THERAPY, DIABETES REQUIR-
 ING MEDICATION, OR A BODY MASS INDEX (BMI)  GREATER THAN THIRTY-FIVE.
   3. HOSPITALS AND HEALTH CARE PROVIDERS SHALL BE REQUIRED TO ADMINISTER
 THE MONOCLONAL ANTIBODY TREATMENT TO HIGH RISK PATIENTS WHO  CONSENT  TO
 SUCH  TREATMENT  AND  WHERE  THE  HOSPITAL OR PROVIDER HAS ACCESS TO THE
 TREATMENT.  THE TREATMENT MUST BE ADMINISTERED TO THE PATIENT WITHIN SIX
 HOURS OF THE PATIENT RECEIVING A POSITIVE COVID-19 TEST  RESULT,  EXCEPT
 UNDER  EXTENUATING  CIRCUMSTANCES,  AND WITHIN TEN DAYS OF THE PATIENT'S
 ONSET OF SYMPTOMS RELATING TO COVID-19.
   4. IF A HOSPITAL OR HEALTH CARE PROVIDER DOES NOT HAVE  THE  TREATMENT
 AVAILABLE,  THEY  SHALL ASSIST THE PATIENT WITH THE PROCESS OF OBTAINING
 AN APPOINTMENT OR REFERRAL TO  ANOTHER  FACILITY  OR  PROVIDER  WHO  CAN
 ADMINISTER  THE  MONOCLONAL ANTIBODY TREATMENT WITHIN THE TIMEFRAMES SET
 FORTH IN THIS SECTION OR OTHERWISE SPECIFIED BY THE  DEPARTMENT  OR  THE
 FDA.
   5.  EACH HOSPITAL AND HEALTH CARE PROVIDER SHALL PROVIDE PATIENTS WITH
 A FORM, TO BE DEVELOPED BY THE DEPARTMENT, REQUIRING HIS OR  HER  SIGNA-
 TURE  ACKNOWLEDGING  THAT  HE OR SHE HAS BEEN INFORMED OF THE OPTION FOR
 MONOCLONAL ANTIBODY TREATMENT AND INDICATING WHETHER OR NOT  THEY  ELECT
 TO RECEIVE SUCH TREATMENT.
   §  4.  This  act shall take effect on the thirtieth day after it shall
 have become a law.