Bill Text: NY S07161 | 2019-2020 | General Assembly | Introduced
Bill Title: Provides for payment assistance and other information for HIV post-exposure prophylaxis and other health care services for sexual assault victims.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2020-01-27 - referred to health [S07161 Detail]
Download: New_York-2019-S07161-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 7161 IN SENATE January 10, 2020 ___________ Introduced by Sen. HOYLMAN -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the public health law and the executive law, in relation to HIV post-exposure prophylaxis and other health care services for sexual assault victims; and to amend a chapter of the laws of 2019, amending the public health law and the executive law relating to HIV post-exposure prophylaxis and other health care services for sexual assault victims, as proposed in legislative bills numbers S. 2279-A and A. 1204-A in relation to the effectiveness thereof The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 1 of section 2805-i of the public health law, 2 as amended by section 1 of part HH of chapter 57 of the laws of 2018, 3 paragraph (c) as amended by a chapter of the laws of 2019, amending the 4 public health law and the executive law relating to HIV post-exposure 5 prophylaxis and other health care services for sexual assault victims, 6 as proposed in legislative bills numbers S. 2279-A and A. 1204-A, is 7 amended to read as follows: 8 1. Every hospital providing treatment to alleged victims of a sexual 9 offense shall be responsible for: 10 (a) maintaining sexual offense evidence and the chain of custody as 11 provided in subdivision two of this section; 12 (b) informing sexual offense victims of the availability of rape 13 crisis and local victim assistance organizations, if any, in the 14 geographic area served by the hospital, and contacting a rape crisis or 15 local victim assistance organization[, if any, providing victim assist-16ance to the geographic area served by that hospital] to establish the 17 coordination of non-medical services to sexual offense victims who 18 request such coordination and services; 19 (c) offering and making available appropriate HIV post-exposure treat- 20 ment therapies; including a [full regimen] seven day starter pack of HIV 21 post-exposure prophylaxis for a person eighteen years of age or older, 22 or the full regimen of HIV post-exposure prophylaxis for a person less 23 than eighteen years of age, in cases where it has been determined, in EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD04742-08-0S. 7161 2 1 accordance with guidelines issued by the commissioner, that a signif- 2 icant exposure to HIV has occurred, and informing the victim that 3 payment assistance for such therapies and other crime related expenses 4 may be available from the office of victim services pursuant to the 5 provisions of article twenty-two of the executive law. With the consent 6 of the victim of a sexual assault, the hospital emergency room depart- 7 ment shall provide or arrange for an appointment for medical follow-up 8 related to HIV post-exposure prophylaxis and other care as appropriate[,9and inform the victim that payment assistance for such care may be10available from the office of victim services pursuant to the provisions11of article twenty-two of the executive law]; and 12 (d) ensuring sexual assault survivors are not billed for sexual 13 assault forensic exams and are notified orally and in writing of the 14 option to decline to provide private health insurance information and 15 have the office of victim services reimburse the hospital for the exam 16 pursuant to subdivision thirteen of section six hundred thirty-one of 17 the executive law. 18 § 2. Subdivision 1 of section 201 of the public health law is amended 19 by adding a new paragraph (x) to read as follows: 20 (x) produce an annual report analyzing the costs related to the sexual 21 assault examination direct reimbursement program as created under subdi- 22 vision thirteen of section six hundred thirty-one of the executive law 23 and provide such report to the office of victim services on or before 24 September first of each year. Such report shall be provided to the 25 governor, temporary president of the senate and the speaker of the 26 assembly. 27 § 3. Subdivision 13 of section 631 of the executive law, as amended by 28 a chapter of the laws of 2019, amending the public health law and the 29 executive law relating to HIV post-exposure prophylaxis and other health 30 care services for sexual assault victims, as proposed in legislative 31 bills numbers S. 2279-A and A. 1204-A, is amended to read as follows: 32 13. (a) Notwithstanding any other provision of law, rule, or regu- 33 lation to the contrary, when any New York state accredited hospital, 34 accredited sexual assault examiner program, or licensed health care 35 provider furnishes services to any sexual assault survivor, including 36 but not limited to a health care forensic examination in accordance with 37 the sex offense evidence collection protocol and standards established 38 by the department of health, such hospital, sexual assault examiner 39 program, or licensed healthcare provider shall provide such services to 40 the person without charge and shall bill the office directly. The 41 office, in consultation with the department of health, shall define the 42 specific services to be covered by the sexual assault forensic exam 43 reimbursement fee, which must include at a minimum forensic examiner 44 services, hospital or healthcare facility services related to the exam, 45 and any necessary related laboratory tests [and necessary] or pharmaceu- 46 ticals; including but not limited to HIV post-exposure prophylaxis 47 provided by a hospital emergency room at the time of the forensic rape 48 examination pursuant to paragraph (c) of subdivision one of section 49 twenty-eight hundred five-i of the public health law. [Follow-up] For a 50 person eighteen years of age or older, follow-up HIV post-exposure 51 prophylaxis costs shall continue to be [billed by the health care52provider to the office directly and] reimbursed [by the] according to 53 established office [directly] procedure. The office, in consultation 54 with the department of health, shall also generate the necessary regu- 55 lations and forms for the direct reimbursement procedure.S. 7161 3 1 (b) The rate for reimbursement shall be the amount of itemized 2 charges, to be reimbursed at the Medicaid rate and which shall cumula- 3 tively not [exceeding] exceed (1) eight hundred dollars[, provided,4however, the office shall, in consultation] for an exam of a sexual 5 assault survivor where no sexual offense evidence collection kit is 6 used; (2) one thousand two hundred dollars for an exam of a sexual 7 assault survivor where a sexual offense evidence collection kit is used; 8 (3) one thousand five hundred dollars for an exam of a sexual assault 9 survivor who is eighteen years of age or older, with or without the use 10 of a sexual offense evidence collection kit, and with the provision of a 11 necessary HIV post-exposure prophylaxis seven day starter pack; and (4) 12 two thousand five hundred dollars for an exam of a sexual assault survi- 13 vor who is less than eighteen years of age, with or without the use of a 14 sexual offense evidence collection kit, and with the provision of the 15 full regimen of necessary HIV post-exposure prophylaxis [with the16department of health, annually review and determine if a higher rate for17reimbursement for itemized charges exceeding eight hundred dollars is18feasible and appropriate based on the actual cost of reimbursable19expenses, and adjust such rate for reimbursement accordingly]. The 20 hospital, sexual assault examiner program, or licensed health care 21 provider must accept this fee as payment in full for these specified 22 services. No additional billing of the survivor for said services is 23 permissible. A sexual assault survivor may voluntarily assign any 24 private insurance benefits to which she or he is entitled for the 25 healthcare forensic examination, in which case the hospital or health- 26 care provider may not charge the office; provided, however, in the event 27 the sexual assault survivor assigns any private health insurance bene- 28 fit, such coverage shall not be subject to annual deductibles or coinsu- 29 rance or balance billing by the hospital, sexual assault examiner 30 program or licensed health care provider. A hospital, sexual assault 31 examiner program or licensed health care provider shall, at the time of 32 the initial visit, request assignment of any private health insurance 33 benefits to which the sexual assault survivor is entitled on a form 34 prescribed by the office; provided, however, such sexual assault survi- 35 vor shall be advised orally and in writing that he or she may decline to 36 provide such information regarding private health insurance benefits if 37 he or she believes that the provision of such information would substan- 38 tially interfere with his or her personal privacy or safety and in such 39 event, the sexual assault forensic exam fee shall be paid by the office. 40 Such sexual assault survivor shall also be advised that providing such 41 information may provide additional resources to pay for services to 42 other sexual assault victims. Such sexual assault survivor shall also 43 be advised that the direct reimbursement program established by this 44 subdivision does not automatically make them eligible for any other 45 compensation benefits available from the office including, but not 46 limited to, reimbursement for mental health counseling expenses, relo- 47 cation expenses, and loss of earnings, and that such compensation bene- 48 fits may only be made available to them should the sexual assault survi- 49 vor or other person eligible to file pursuant to section six hundred 50 twenty-four of this article, file a compensation application with the 51 office. If he or she declines to provide such health insurance informa- 52 tion, he or she shall indicate such decision on the form provided by the 53 hospital, sexual assault examiner program or licensed health care 54 provider, which form shall be prescribed by the office. 55 § 4. Section 3 of a chapter of the laws of 2019, amending the public 56 health law and the executive law relating to HIV post-exposure prophy-S. 7161 4 1 laxis and other health care services for sexual assault victims, as 2 proposed in legislative bills numbers S. 2279-A and A. 1204-A, is 3 amended to read as follows: 4 § 3. This act shall take effect on the one hundred eightieth day after 5 it shall have become a law and apply to all claims filed on or after 6 such date; provided that effective immediately, the commissioner of 7 health and the director of the office of victim services shall make 8 regulations and take other action necessary to implement this act on 9 such date. 10 § 5. This act shall take effect immediately, provided, however, that 11 sections one, two and three of this act take effect on the same date and 12 in the same manner as a chapter of the laws of 2019, amending the public 13 health law and the executive law relating to HIV post-exposure prophy- 14 laxis and other health care services for sexual assault victims, as 15 proposed in legislative bills numbers S. 2279-A and A. 1204-A, takes 16 effect.
