Senate Bill S5297

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5297
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               March 1, 2021
                                ___________
 
 Introduced  by  Sen.  AKSHAR -- read twice and ordered printed, and when
   printed to be committed to the Committee on Health
 
 AN ACT to amend the public health law, in relation to the diagnosis  and
   treatment of Lyme disease and other tick borne diseases
 
   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 "Demos Ford Act".
   §  2.  Section 206-b of the public health law, as added by chapter 260
 of the laws of 1988, is amended to read as follows:
   § 206-b. Special requirements with respect to Lyme disease  diagnosis.
 1.  (A) Within thirty days after the effective date of this section, the
 commissioner shall, in writing,  order  every  physician  practicing  in
 [Suffolk,  Westchester  and  Nassau  counties]  THE STATE OF NEW YORK to
 review the medical records of any patient such physician treated  during
 the  period  commencing January first, nineteen hundred seventy-five and
 ending on the date of such order wherein such physician made a diagnosis
 of juvenile  rheumatoid  arthritis,  NEUROLOGICAL  AND  NEUROPSYCHIATRIC
 DISORDERS  OR OTHER MUSCULOSKELETAL PAIN SYNDROMES OF UNEXPLAINED ORIGIN
 and to review the circumstances of such diagnosis to reconsider  whether
 such patient has suffered, or is suffering, from the complex, multi-sys-
 tem  disorder caused by [the bacterium Borrelia burgdorferi] BACTERIA IN
 THE BORRELIA GENUS, which disease is transmitted by [the Ixodes  dammini
 tick]  TICKS  and is commonly referred to as "Lyme disease" AND/OR ADDI-
 TIONAL TICK BORNE INFECTIONS  KNOWN  TO  CAUSE  CO-MORBID  DISEASES,  IN
 PARTICULAR,  ANY  SPECIES OF BARTONELLA AND BABESIA MICROTTI AND BABESIA
 DUNCANII. In any case where a hospital or other health care  institution
 or  provider has custody or control of the medical records for a patient
 so diagnosed, upon request such physician shall be  entitled  to  review
 such  medical  records  for purposes of complying with such order or the
 commissioner may order any such hospital or other health  care  institu-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD04309-01-1

 S. 5297                             2
 
 tion  or  provider  wherever  situated  within  the state to review such
 records to reconsider a diagnosis of Lyme disease.
   [2.]  (B)  The commissioner, upon a showing that there is a reasonable
 basis to believe that the order provided for [herein] IN  THIS  SUBDIVI-
 SION has not been complied with, shall be entitled to apply to a justice
 of the supreme court for an order requiring any such physician to submit
 for  the  commissioner's  consideration  such  records,  charts or other
 pertinent data which will enable him to determine whether there has been
 full compliance with such order.
   [3.] (C) In any case where a review of such records indicates  that  a
 patient  may  have been, or is, suffering from Lyme disease, such physi-
 cian shall, consistent with customary and acceptable medical  standards,
 take  such action he OR SHE deems necessary to inform such patient or in
 the case of a minor, his or her parent or guardian of his OR  HER  find-
 ings, conduct additional tests, administer other necessary treatments or
 refer  such  patient  to  another physician for further diagnosis and/or
 treatment.
   2. (A) THE  COMMISSIONER  SHALL,  IN  CONSULTATION  WITH  HEALTH  CARE
 PROVIDERS, RESEARCH EXPERTS, RELEVANT ADVISORY BODIES, PATIENT REPRESEN-
 TATIVES  AND  OTHER  STAKEHOLDERS  WITH  DIVERSE PERSPECTIVES, DEVELOP A
 STANDARDIZED PROTOCOL FOR THE DIAGNOSIS AND TREATMENT  OF  LYME  DISEASE
 AND SUCH OTHER TICK BORNE DISEASES THAT MAY BE IDENTIFIED BY THE COMMIS-
 SIONER.  SUCH PROTOCOL SHALL INCLUDE, BUT NOT BE LIMITED TO, GUIDANCE TO
 BE UTILIZED BY HEALTH CARE PROVIDERS WHEN AN ERYTHEMA  MIGRANS  RASH  IS
 ABSENT  AND  A  SEROLOGICAL TEST COMES BACK NEGATIVE BUT SYMPTOMS OF ANY
 SUCH DISEASE PERSIST. THE PROTOCOL SHALL BE UPDATED  UPON  ANY  ADVANCE-
 MENTS  IN  THE  FIELD  OF  LYME  DISEASE, OR OTHER IDENTIFIED TICK BORNE
 DISEASE, TESTING AND TREATMENT. AS PART OF THE PROTOCOL, THE COMMISSION-
 ER SHALL DEVELOP, UPDATE AS NECESSARY AND ENSURE PROVIDERS DISTRIBUTE TO
 EACH PERSON UNDER THEIR CARE BEING TESTED  FOR  LYME  DISEASE  OR  OTHER
 IDENTIFIED  TICK  BORNE DISEASE, A STANDARDIZED NOTIFICATION FORM, WHICH
 SHALL EXPLAIN, IN PLAIN NON-TECHNICAL LANGUAGE, THE FOLLOWING:
   (I) THE SYMPTOMS AND RISK FACTORS FOR  LYME  DISEASE  AND  SUCH  OTHER
 IDENTIFIED TICK BORNE DISEASES;
   (II)  THE  AVAILABLE  METHODS  FOR THE DETECTION AND DIAGNOSIS OF LYME
 DISEASE AND SUCH OTHER IDENTIFIED TICK BORNE DISEASE, INCLUDING INFORMA-
 TION ON THE RELATIVE CLINICAL UTILITY OF  THE  AVAILABLE  DETECTION  AND
 DIAGNOSTIC TECHNIQUES;
   (III) THE MEDICAL PROTOCOL ADOPTED UNDER THIS SUBDIVISION; AND
   (IV) RELEVANT MEDICAL INFORMATION DEEMED NECESSARY BY THE COMMISSIONER
 AND  SHALL CONTAIN INFORMATION ON LYME DISEASE AND SUCH OTHER IDENTIFIED
 TICK BORNE DISEASES RISK, POSSIBLE  CO-INFECTIONS  AND  OTHER  PERTINENT
 INFORMATION.
   THE COMMISSIONER SHALL HAVE THE PROTOCOL AND STANDARDIZED NOTIFICATION
 FORM,  REQUIRED BY THIS SUBDIVISION, DEVELOPED AND PREPARED FOR DISTRIB-
 UTION WITHIN ONE HUNDRED TWENTY DAYS  OF  THE  EFFECTIVE  DATE  OF  THIS
 SUBDIVISION.
   (B)  NOTHING  IN THIS SUBDIVISION SHALL BE CONSTRUED TO CREATE A CAUSE
 OF ACTION FOR LACK OF INFORMED CONSENT IN ANY  INSTANCE  IN  WHICH  SUCH
 CAUSE  OF ACTION WOULD BE LIMITED BY SECTION TWENTY-EIGHT HUNDRED FIVE-D
 OF THIS CHAPTER.
   § 3. This act shall take effect immediately.