S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5187
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 11, 2021
                                ___________
 
 Introduced by M. of A. PAULIN -- read once and referred to the Committee
   on Health
 
 AN ACT to amend the public health law and the executive law, in relation
   to  treatment of domestic violence victims and documentation of injury
   and evidence; and to repeal section 2805-z of the  public  health  law
   relating thereto

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 2805-z of the public health law is REPEALED  and  a
 new section 2805-z is added to read as follows:
   §  2805-Z. TREATMENT OF DOMESTIC VIOLENCE VICTIMS AND DOCUMENTATION OF
 INJURY AND EVIDENCE. 1. UPON THE REQUEST AND  CONSENT  OF  THE  PATIENT,
 EVERY  HOSPITAL  PROVIDING  TREATMENT  TO  ALLEGED  VICTIMS  OF DOMESTIC
 VIOLENCE SHALL BE RESPONSIBLE FOR:
   (A) PROVIDING DOCUMENTATION OF DOMESTIC VIOLENCE  EVIDENCE,  INCLUDING
 BUT NOT LIMITED TO THE MAINTENANCE OF DOMESTIC VIOLENCE EVIDENCE AND THE
 CHAIN OF CUSTODY AS PROVIDED IN SUBDIVISION TWO OF THIS SECTION;
   (B) CONTACTING A DOMESTIC VIOLENCE ASSISTANCE ORGANIZATION OR SHELTER,
 IF  ANY,  PROVIDING  DOMESTIC  VIOLENCE  SERVICES  AND ASSISTANCE TO THE
 GEOGRAPHIC AREA SERVED BY THE HOSPITAL TO ESTABLISH THE COORDINATION  OF
 NON-MEDICAL SERVICES TO DOMESTIC VIOLENCE VICTIMS WHO REQUEST SUCH COOR-
 DINATION AND SERVICES; AND
   (C)  ENSURING THAT DOMESTIC VIOLENCE VICTIMS ARE NOT BILLED FOR DOMES-
 TIC VIOLENCE 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  PURSUANT TO SUBDIVISION THIRTEEN OF SECTION SIX HUNDRED THIRTY-ONE
 OF THE EXECUTIVE LAW.
   2. DOMESTIC VIOLENCE EVIDENCE SHALL BE  COLLECTED  AND  MAINTAINED  AS
 FOLLOWS:
   (A)  ALL  DOMESTIC  VIOLENCE  EVIDENCE,  INCLUDING  BUT NOT LIMITED TO
 PHOTOGRAPHIC EVIDENCE, SHALL BE PROVIDED  TO  THE  ALLEGED  VICTIM  UPON
 THEIR  REQUEST.    UPON THE CONSENT OF THE VICTIM, ALL DOMESTIC VIOLENCE
 EVIDENCE, INCLUDING PHOTOGRAPHIC EVIDENCE, SHALL BE KEPT  IN  A  LOCKED,
              

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02019-01-1

 A. 5187                             2
 
 SEPARATE  AND  SECURE  AREA  FOR FIVE YEARS FROM THE DATE OF COLLECTION;
 PROVIDED THAT SUCH EVIDENCE SHALL BE TRANSFERRED TO A  NEW  LOCATION  OR
 LOCATIONS PURSUANT TO THIS SUBDIVISION.
   (B)  DOMESTIC  VIOLENCE EVIDENCE SHALL INCLUDE, BUT NOT BE LIMITED TO,
 SLIDES, COTTON SWABS,  PHOTOGRAPHS,  CLOTHING  AND  OTHER  ITEMS.  WHERE
 APPROPRIATE,  SUCH  ITEMS SHALL BE REFRIGERATED AND THE CLOTHS AND SWABS
 SHALL BE DRIED, STORED IN PAPER BAGS, AND LABELED. EACH ITEM OF EVIDENCE
 SHALL BE MARKED AND LOGGED WITH  A  CODE  NUMBER  CORRESPONDING  TO  THE
 ALLEGED DOMESTIC VIOLENCE VICTIM'S MEDICAL RECORD.
   (C)  UPON  COLLECTION,  THE HOSPITAL SHALL NOTIFY THE ALLEGED DOMESTIC
 VIOLENCE VICTIM THAT, AFTER FIVE YEARS, THE DOMESTIC  VIOLENCE  EVIDENCE
 WILL  BE  DISCARDED  IN COMPLIANCE WITH STATE AND LOCAL HEALTH CODES AND
 THAT THE ALLEGED DOMESTIC VIOLENCE VICTIM'S CLOTHES OR PERSONAL  EFFECTS
 WILL  BE  RETURNED  TO  THE ALLEGED DOMESTIC VIOLENCE VICTIM AT ANY TIME
 UPON REQUEST. THE ALLEGED DOMESTIC VIOLENCE VICTIM SHALL  BE  GIVEN  THE
 OPTION OF PROVIDING CONTACT INFORMATION FOR PURPOSES OF RECEIVING NOTICE
 OF  THE PLANNED DESTRUCTION OF SUCH EVIDENCE AFTER THE EXPIRATION OF THE
 FIVE-YEAR PERIOD.
   3. NOTHING WITHIN THIS SECTION SHALL PRECLUDE THE  REPORTING  HOSPITAL
 FROM USING THE RESOURCES, PROCEDURES, OR MEANS OF NOTIFICATION PREVIOUS-
 LY  ESTABLISHED  UNDER  ANY  OTHER LAW WITH RESPECT TO THE COLLECTION OF
 EVIDENCE THAT DOES NOT MITIGATE OR ABROGATE ANY RESPONSIBILITIES HEREIN.
   4. NOTWITHSTANDING ANY PROVISION OF THIS SECTION, WHERE THE PERSON  IS
 AN  ALLEGED  VICTIM  OF  A  SEXUAL ASSAULT OR OFFENSE THE HOSPITAL SHALL
 TREAT AND MAINTAIN EVIDENCE  IN  ACCORDANCE  WITH  SECTION  TWENTY-EIGHT
 HUNDRED FIVE-I OF THIS ARTICLE.
   §  2. Subdivision 1 of section 631 of the executive law, as separately
 amended by chapters 189 and 295 of the laws of 2018, is amended to  read
 as follows:
   1. No award shall be made unless the office finds that (a) a crime was
 committed,  (b) such crime directly resulted in personal physical injury
 to or the exacerbation of a preexisting  disability,  or  condition,  or
 death  of, the victim, and (c) criminal justice agency records show that
 such crime was promptly reported to the proper authorities;  and  in  no
 case may an award be made where the criminal justice agency records show
 that  such  report  was  made more than one week after the occurrence of
 such crime unless the office, for good cause shown, finds the  delay  to
 have  been  justified.  Notwithstanding the foregoing provisions of this
 subdivision, in cases involving an alleged sex offense as  contained  in
 article  one  hundred  thirty  of  the penal law or incest as defined in
 section 255.25, 255.26 or 255.27 of the penal law or  labor  trafficking
 as  defined  in  section  135.35  of the penal law or sex trafficking as
 defined in sections 230.34 and 230.34-a of the penal law or  an  offense
 chargeable  as  a  family  offense as described in section eight hundred
 twelve of the family court act or section 530.11 of the criminal  proce-
 dure  law, the criminal justice agency report need only be made within a
 reasonable  time  considering  all  the  circumstances,  including   the
 victim's  physical, emotional and mental condition and family situation.
 For the purposes of this subdivision, "criminal  justice  agency"  shall
 include,  but  not be limited to, a police department, a district attor-
 ney's office, and any other governmental  agency  having  responsibility
 for the enforcement of the criminal laws of the state provided, however,
 that  in  cases  involving such sex offense or family offense a criminal
 justice agency shall also mean a family  court,  a  governmental  agency
 responsible for child and/or adult protective services pursuant to title
 six  of article six of the social services law and/or title one of arti-

 A. 5187                             3
 
 cle nine-B of the social services law, and any medical  facility  estab-
 lished  under  the  laws  of the state that provides a forensic physical
 examination for victims of rape and sexual assault OR A  FORENSIC  EXAM-
 INATION  OF  DOMESTIC  VIOLENCE VICTIMS PURSUANT TO SECTION TWENTY-EIGHT
 HUNDRED FIVE-Z OF THE PUBLIC HEALTH LAW.
   § 3. Section 631 of the executive law  is  amended  by  adding  a  new
 subdivision 19 to read as follows:
   19. 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 ALLEGED DOMESTIC VIOLENCE VICTIM, INCLUDING
 BUT NOT LIMITED TO A FORENSIC EXAMINATION OF DOMESTIC  VIOLENCE  VICTIMS
 PURSUANT TO SECTION TWENTY-EIGHT HUNDRED FIVE-Z OF THE PUBLIC HEALTH LAW
 IN  ACCORDANCE  WITH  THE  DOMESTIC VIOLENCE OFFENSE EVIDENCE COLLECTION
 PROTOCOL AND STANDARDS ESTABLISHED BY THE  DEPARTMENT  OF  HEALTH,  SUCH
 HOSPITAL,  SEXUAL  ASSAULT  EXAMINER  PROGRAM,  OR  LICENSED HEALTH CARE
 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  DOMESTIC  VIOLENCE  FORENSIC EXAM REIMBURSEMENT FEE, WHICH MUST
 INCLUDE AT A MINIMUM FORENSIC EXAMINER SERVICES, HOSPITAL OR HEALTH CARE
 FACILITY SERVICES RELATED TO THE EXAM, AND RELATED LABORATORY TESTS. THE
 OFFICE, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, SHALL ALSO GENER-
 ATE 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  VICTIM FOR SAID SERVICES IS
 PERMISSIBLE. A DOMESTIC  VIOLENCE  VICTIM  MAY  VOLUNTARILY  ASSIGN  ANY
 PRIVATE INSURANCE BENEFITS TO WHICH HE OR SHE IS ENTITLED FOR THE HEALTH
 CARE  FORENSIC  EXAMINATION,  IN  WHICH CASE THE HOSPITAL OR HEALTH CARE
 PROVIDER MAY NOT CHARGE THE OFFICE; PROVIDED, HOWEVER, IN THE EVENT  THE
 DOMESTIC  VIOLENCE  VICTIM 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  BENE-
 FITS  TO  WHICH  THE  DOMESTIC  VIOLENCE  VICTIM  IS  ENTITLED ON A FORM
 PRESCRIBED BY THE OFFICE;  PROVIDED,  HOWEVER,  SUCH  DOMESTIC  VIOLENCE
 VICTIM 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 DOMESTIC VIOLENCE FORENSIC EXAM FEE SHALL BE PAID  BY
 THE  OFFICE.  SUCH  DOMESTIC  VIOLENCE VICTIM SHALL ALSO BE ADVISED THAT
 PROVIDING SUCH INFORMATION MAY PROVIDE ADDITIONAL RESOURCES TO  PAY  FOR
 SERVICES  TO OTHER 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.
   § 4. This act shall take effect immediately.