S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7408--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                May 7, 2021
                                ___________
 
 Introduced  by  M.  of  A.  GOTTFRIED  --  read once and referred to the
   Committee on Health -- committee  discharged,  bill  amended,  ordered
   reprinted as amended and recommitted to said committee
 
 AN  ACT to amend the public health law, in relation to financial respon-
   sibility for human postexposure treatment for rabies

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivisions 3 and 6 of section 2145 of the public health
 law, as added by chapter 180 of the laws of 2002, are amended and a  new
 subdivision 5-a is added to read as follows:
   3.  Human postexposure treatment specifically authorized by the county
 health authority shall be rendered by the provider or providers selected
 by the county health authority, located within the county or the vicini-
 ty thereof, and [approved] SHALL BE CONSIDERED SUFFICIENT  AUTHORIZATION
 FOR  PRE-APPROVAL  by  the  person's health insurance carrier or managed
 care plan if pre-approval is required, AND SHALL  BE  APPROVED,  by  the
 health insurance carrier or managed care plan, provided that:
   (a) any person may, at his or her option, be treated at his or her own
 expense  by  the  health  care  provider  of  his  or her choice WITHOUT
 APPROVAL BY THE COUNTY HEALTH AUTHORITY,
   (b) the county health authority may, at its option,  assume  financial
 responsibility  for  necessary  treatment  rendered  by other providers;
 PROVIDED, HOWEVER, THAT THE COUNTY HEALTH AUTHORITY SHALL NOT  BE  OBLI-
 GATED   TO   ASSUME  FINANCIAL  RESPONSIBILITY  IF  NOTIFIED  AFTER  THE
 COMPLETION OF TREATMENT. IF EVIDENCE OF APPROVAL OF  THE  COUNTY  HEALTH
 AUTHORITY  HAS  NOT  BEEN  PROVIDED,  HEALTH  CARE PROVIDERS MUST REPORT
 INITIATION OF RABIES POSTEXPOSURE PROPHYLAXIS WITHIN  TWENTY-FOUR  HOURS
 OF THE FIRST TREATMENT,
   (c)  the  county  shall authorize initial treatment from a provider or
 providers geographically accessible  to  the  location  of  the  exposed
 person at the time that treatment is determined to be necessary, and
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11015-02-1

 A. 7408--A                          2
 
   (d)  the county shall authorize post-initial treatment from a provider
 or providers geographically accessible to the exposed person's residence
 if the person returns to his or  her  residence  during  the  course  of
 treatment.
   5-A.  HEALTH CARE PROVIDERS SHALL ACCEPT PAYMENTS BY THE COUNTY HEALTH
 AUTHORITY FOR HUMAN POSTEXPOSURE TREATMENT AT A RATE SET BY THE  COMMIS-
 SIONER; PROVIDED THAT SUCH REIMBURSEMENT SHALL BE NO LESS THAN THE MEDI-
 CAID RATE.
   6.  Under  the terms of this title, the county health authority is not
 responsible for:
   (a) services and expenses of human postexposure  treatment  that  were
 not  specifically  authorized by the county health authority, except for
 completion of treatment for  their  residents  exposed  and  started  on
 rabies  treatment  in  New  York  city  or elsewhere outside of New York
 state. TREATMENT STARTED IN NEW YORK CITY SHALL BE CONFIRMED  AS  NECES-
 SARY  TREATMENT  BY  THE  NEW  YORK CITY DEPARTMENT OF HEALTH AND MENTAL
 HYGIENE, OR THE DEPARTMENT,
   (b) services and  expenses  of  medical  treatment  unrelated  to  the
 prevention  of  rabies  infection such as wound suturing and measures to
 control bacterial infection of bite wounds, and
   (c) expenses of preexposure rabies vaccination.
   § 2. This act shall take effect immediately.