Bill Text: NY S06657 | 2019-2020 | General Assembly | Introduced

Bill Title: Directs the commissioner of health to establish a standard protocol for the diagnosis and treatment of Lyme disease and other tick borne diseases identified by such commissioner; such protocol shall require the provision of written notification to each patient being treated for Lyme disease or other tick borne diseases relating to symptoms, risk factors, diagnosis and other information relating to such diseases; enacts the "Demos Ford Act".

Spectrum: Partisan Bill (Republican 3-0)

Status: (Introduced) 2019-08-19 - REFERRED TO RULES [S06657 Detail]

Download: New_York-2019-S06657-Introduced.html

                STATE OF NEW YORK


                               2019-2020 Regular Sessions

                    IN SENATE

                                     August 19, 2019

        Introduced  by  Sens.  AKSHAR, SERINO -- read twice and ordered printed,
          and when printed to be committed to the Committee on Rules

        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:

     1    Section 1. Short title. This act shall be known and may  be  cited  as
     2  the "Demos Ford Act".
     3    §  2.  Section 206-b of the public health law, as added by chapter 260
     4  of the laws of 1988, is amended to read as follows:
     5    § 206-b. Special requirements with respect to Lyme disease  diagnosis.
     6  1.  (a) Within thirty days after the effective date of this section, the
     7  commissioner shall, in writing,  order  every  physician  practicing  in
     8  [Suffolk,  Westchester  and  Nassau  counties]  the state of New York to
     9  review the medical records of any patient such physician treated  during
    10  the  period  commencing January first, nineteen hundred seventy-five and
    11  ending on the date of such order wherein such physician made a diagnosis
    12  of juvenile  rheumatoid  arthritis,  neurological  and  neuropsychiatric
    13  disorders  or other musculoskeletal pain syndromes of unexplained origin
    14  and to review the circumstances of such diagnosis to reconsider  whether
    15  such patient has suffered, or is suffering, from the complex, multi-sys-
    16  tem  disorder caused by [the bacterium Borrelia burgdorferi] bacteria in
    17  the Borrelia genus, which disease is transmitted by [the Ixodes  dammini
    18  tick]  ticks  and is commonly referred to as "Lyme disease" and/or addi-
    19  tional tick borne infections  known  to  cause  co-morbid  diseases,  in
    20  particular,  any  species of Bartonella and Babesia microtti and Babesia
    21  duncanii. In any case where a hospital or other health care  institution
    22  or  provider has custody or control of the medical records for a patient
    23  so diagnosed, upon request such physician shall be  entitled  to  review
    24  such  medical  records  for purposes of complying with such order or the
    25  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.

        S. 6657                             2

     1  tion  or  provider  wherever  situated  within  the state to review such
     2  records to reconsider a diagnosis of Lyme disease.
     3    [2.]  (b)  The commissioner, upon a showing that there is a reasonable
     4  basis to believe that the order provided for [herein] in  this  subdivi-
     5  sion has not been complied with, shall be entitled to apply to a justice
     6  of the supreme court for an order requiring any such physician to submit
     7  for  the  commissioner's  consideration  such  records,  charts or other
     8  pertinent data which will enable him to determine whether there has been
     9  full compliance with such order.
    10    [3.] (c) In any case where a review of such records indicates  that  a
    11  patient  may  have been, or is, suffering from Lyme disease, such physi-
    12  cian shall, consistent with customary and acceptable medical  standards,
    13  take  such action he or she deems necessary to inform such patient or in
    14  the case of a minor, his or her parent or guardian of his or  her  find-
    15  ings, conduct additional tests, administer other necessary treatments or
    16  refer  such  patient  to  another physician for further diagnosis and/or
    17  treatment.
    18    2. (a) The  commissioner  shall,  in  consultation  with  health  care
    19  providers, research experts, relevant advisory bodies, patient represen-
    20  tatives  and  other  stakeholders  with  diverse perspectives, develop a
    21  standardized protocol for the diagnosis and treatment  of  Lyme  disease
    22  and such other tick borne diseases that may be identified by the commis-
    23  sioner.  Such protocol shall include, but not be limited to, guidance to
    24  be utilized by health care providers when an erythema  migrans  rash  is
    25  absent  and  a  serological test comes back negative but symptoms of any
    26  such disease persist. The protocol shall be updated  upon  any  advance-
    27  ments  in  the  field  of  Lyme  disease, or other identified tick borne
    28  disease, testing and treatment. As part of the protocol, the commission-
    29  er shall develop, update as necessary and ensure providers distribute to
    30  each person under their care being tested  for  Lyme  disease  or  other
    31  identified  tick  borne disease, a standardized notification form, which
    32  shall explain, in plain non-technical language, the following:
    33    (i) the symptoms and risk factors for  Lyme  disease  and  such  other
    34  identified tick borne diseases;
    35    (ii)  the  available  methods  for the detection and diagnosis of Lyme
    36  disease and such other identified tick borne disease, including informa-
    37  tion on the relative clinical utility of  the  available  detection  and
    38  diagnostic techniques;
    39    (iii) the medical protocol adopted under this subdivision; and
    40    (iv) relevant medical information deemed necessary by the commissioner
    41  and  shall contain information on Lyme disease and such other identified
    42  tick borne diseases risk, possible  co-infections  and  other  pertinent
    43  information.
    44    The commissioner shall have the protocol and standardized notification
    45  form,  required by this subdivision, developed and prepared for distrib-
    46  ution within one hundred twenty days  of  the  effective  date  of  this
    47  subdivision.
    48    (b)  Nothing  in this subdivision shall be construed to create a cause
    49  of action for lack of informed consent in any  instance  in  which  such
    50  cause  of action would be limited by section twenty-eight hundred five-d
    51  of this chapter.
    52    § 3. This act shall take effect immediately.