New York State Assembly

 
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A01204 Summary:

A01204 Actions:

A01204 Committee Votes:

Committee:HEALTH   Chair:Gottfried      
DATE:01/29/2019AYE/NAY:25/0  Action: Favorable refer to committee Codes        
Gottfried
Aye
Raia
Aye
Schimminger
Excused
McDonough
Aye
Galef
Aye
Ra
Aye
Dinowitz
Aye
Garbarino
Aye
Cahill
Aye
Byrne
Aye
Paulin
Aye
Byrnes
Aye
Cymbrowitz
Aye
Ashby
Aye
Gunther
Aye
Rosenthal
Aye
Hevesi
Aye
Jaffee
Aye
Steck
Aye
Abinanti
Aye
Braunstein
Aye
Kim
Aye
Solages
Aye
Bichotte
Aye
Barron
Aye
Sayegh
Aye

Committee:CODES   Chair:Lentol      
DATE:02/11/2019AYE/NAY:22/0  Action: Favorable refer to committee Ways and Means        
Lentol
Aye
Ra
Aye
Schimminger
Aye
Giglio
Aye
Pretlow
Aye
Montesano
Aye
Cook
Aye
Morinello
Aye
Cymbrowitz
Aye
Palumbo
Aye
O'Donnell
Aye
Garbarino
Aye
Lavine
Aye
Perry
Aye
Zebrowski
Aye
Abinanti
Aye
Weprin
Aye
Mosley
Aye
Hevesi
Aye
Fahy
Aye
Seawright
Aye
Rosenthal
Aye

Committee:WAYS AND MEANS   Chair:Weinstein      
DATE:06/12/2019AYE/NAY:30/0  Action: Favorable refer to committee Rules        
Weinstein
Aye
Barclay
Aye
Lentol
Aye
Crouch
Aye
Schimminger
Aye
Fitzpatrick
Aye
Gantt
Excused
Hawley
Aye
Glick
Aye
Malliotakis
Aye
Nolan
Aye
Montesano
Aye
Pretlow
Aye
Ra
Aye
Perry
Excused
Blankenbush
Aye
Colton
Aye
Palmesano
Aye
Cook
Aye
Norris
Aye
Cahill
Aye
Aubry
Aye
Thiele
Aye
Cusick
Aye
Ortiz
Aye
Benedetto
Excused
Weprin
Aye
Rodriguez
Excused
Ramos
Excused
Braunstein
Aye
McDonald
Aye
Rozic
Aye
Simotas
Aye
Dinowitz
Aye
Miller
Aye

Committee:RULES   Chair:Gottfried      
DATE:06/13/2019AYE/NAY:26/0  Action: Favorable         
Heastie
Excused
Kolb
Aye
Gottfried
Aye
Crouch
Aye
Lentol
Aye
Finch
Aye
Gantt
Excused
Barclay
Aye
Nolan
Excused
Raia
Aye
Weinstein
Aye
Hawley
Aye
Ortiz
Aye
Giglio
Aye
Pretlow
Aye
Malliotakis
Aye
Cook
Excused
Glick
Aye
Aubry
Aye
Englebright
Aye
Dinowitz
Aye
Colton
Aye
Magnarelli
Aye
Perry
Aye
Paulin
Aye
Titus
Aye
Peoples-Stokes
Excused
Benedetto
Aye
Lavine
Aye
Lupardo
Aye
Zebrowski
Aye

A01204 Floor Votes:

A01204 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
 submitted in accordance with Assembly Rule III, Sec 1(f)



 
BILL NUMBER: A1204A
 
SPONSOR: Peoples-Stokes (MS)

 
TITLE OF BILL:  An act to amend the public health law and the execu-
tive law, in relation to HIV post-exposure prophylaxis and other health
care services for sexual assault victims
 
 
PURPOSE OR GENERAL IDEA OF BILL:
 
To enhance access to HIV-post exposure care for sexual assault victims,
especially for minors.
 
 
SUMMARY OF PROVISIONS:
 
Section 1 amends Public Health Law § 2805-i(1)(c) with regard to hospi=
tals providing treatment of sexual offense victims, to require the
.provision of a full regimen (instead of the current 7-day starter pack
requirement) of HIV-post-exposure prophylaxis to sexual assault victims,
and provide that victims of sexual assault be informed that payment
assistance for this and follow-up care may be available from the Office
- of Victim Services.
 
Section 2 amends Executive Law S 631(13)• to provide that fallow-up HIV
post-exposure prophylaxis costs be billed by the health care provided
directly to the Office of Victims Services and reimbursed directly to
the health care provider, rather than requiring the filing of a crime
victim compensation application. This. section also provides that the
Office of Victims Services, in conjunction withnthe Department of.
Health, shall annually review and determine if a higher rate.for
reimbursement than the existing statutory maximum rate of $800 is appro-
priate and feasible. If the Office finds that such an increase is appro-
priate and feasible, it may adjust the rate for reimbursement according-
ly.
 
Section 3 provides for an effective date 180 days after enactment.
 
 
DIFFERENCE BETWEEN-ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
 
The amended version of this bill requires the office of victims services
to consider a higher rate for reimbursement than the existing statutory
maximum rate of $800 if it is appropriate and feasible.
 
 
JUSTIFICATION:
 
Under current law, minors may consent.to health care in many circum-
stances. This is especially important for minors who have been the b
victim of sexual assault. Care in the hospital emergency room can be
billed directly to the Office of Victims Services, without the need far
a formal application for crime victim compensation. This is important
for minors, because filing the application may have to be done by a
parent. However, follow-up care currently requires an application.  This
effectively defeats the confidentiality in treatment of minors who are
the victim of a sexual assault.
 
Providing a full regimen of post-exposure prophylaxis (PEP) and simpli-
fying the process for follow-up care helps promote the important public
health goal of promoting PEP. By provided that a full regimen of HIV
post-exposure prophylaxis be provided to a sexual assault victim and
that the costs of follow-up care be billed directly to the OVS and
reimbursement be paid directly to a health care provider these barriers
are effectively eliminated.
 
 
PRIOR LEGISLATIVE HISTORY:
 
A10503 of 2015-2016;
 
A2924 of 2017-2018.
 
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
 
To be determined.
 
 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law.

A01204 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         1204--A
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 14, 2019
                                       ___________
 
        Introduced by M. of A. PEOPLES-STOKES, GOTTFRIED, MOSLEY, JAFFEE, GALEF,
          JEAN-PIERRE,  DE LA ROSA,  SIMOTAS,  WEPRIN,  BRONSON,  EPSTEIN, CRUZ,
          RODRIGUEZ, HEVESI -- Multi-Sponsored by -- M. of A. BRAUNSTEIN -- read
          once and referred to the Committee on Health -- reported and  referred
          to the Committee on Codes -- reported and referred to the Committee on
          Ways   and  Means  --  committee  discharged,  bill  amended,  ordered
          reprinted as amended and recommitted to said committee
 
        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
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Paragraph (c) of subdivision 1 of  section  2805-i  of  the
     2  public health law, as amended by  section 1 of  part HH of chapter 57 of
     3  the laws of 2018, is amended to read as follows:
     4    (c) offering and making available appropriate HIV post-exposure treat-
     5  ment therapies; including a [seven day starter pack] full regimen of HIV
     6  post-exposure  prophylaxis,  in  cases  where it has been determined, in
     7  accordance with guidelines issued by the commissioner,  that  a  signif-
     8  icant  exposure  to  HIV  has  occurred[,  and informing the victim that
     9  payment assistance for such therapies may be available from  the  office
    10  of  victim  services pursuant to the provisions of article twenty-two of
    11  the executive law]. With the consent of the victim of a sexual  assault,
    12  the  hospital  emergency room department shall provide or arrange for an
    13  appointment for medical follow-up related to HIV  post-exposure  prophy-
    14  laxis  and other care as appropriate, and inform the victim that payment
    15  assistance for such care may be available  from  the  office  of  victim
    16  services  pursuant to the provisions of article twenty-two of the execu-
    17  tive law; and

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04742-06-9
        A. 1204--A                          2
 
     1    § 2. Subdivision 13 of section 631 of the executive law, as amended by
     2  section 3 of part HH of chapter 57 of the laws of 2018,  is  amended  to
     3  read as follows:
     4    13. Notwithstanding any other provision of law, rule, or regulation to
     5  the  contrary,  when  any New York state accredited hospital, accredited
     6  sexual assault  examiner  program,  or  licensed  health  care  provider
     7  furnishes  services  to  any  sexual assault survivor, including but not
     8  limited to a health care forensic examination in accordance with the sex
     9  offense evidence collection protocol and standards  established  by  the
    10  department of health, such hospital, sexual assault examiner program, or
    11  licensed  healthcare  provider shall provide such services to the person
    12  without charge and shall  bill  the  office  directly.  The  office,  in
    13  consultation  with  the  department of health, shall define the specific
    14  services to be covered by the sexual assault forensic exam reimbursement
    15  fee, which must include at a minimum forensic examiner services,  hospi-
    16  tal  or  healthcare  facility  services related to the exam, and related
    17  laboratory tests and necessary pharmaceuticals; including but not limit-
    18  ed to HIV post-exposure prophylaxis provided  by  a  hospital  emergency
    19  room  at the time of the forensic rape examination pursuant to paragraph
    20  (c) of subdivision one of section twenty-eight  hundred  five-i  of  the
    21  public  health  law. Follow-up HIV post-exposure prophylaxis costs shall
    22  [continue to] be billed by  the  health  care  provider  to  the  office
    23  directly  and  reimbursed [according to established office procedure] by
    24  the office directly. The office, in consultation with the department  of
    25  health,  shall also generate the necessary regulations and forms for the
    26  direct reimbursement procedure. The rate for reimbursement shall be  the
    27  amount  of  itemized charges not exceeding eight hundred dollars, [to be
    28  reviewed and adjusted annually by the  office]  provided,  however,  the
    29  office  shall,  in  consultation with the department of health, annually
    30  review and determine if a higher rate  for  reimbursement  for  itemized
    31  charges  exceeding  eight  hundred  dollars  is feasible and appropriate
    32  based on the actual cost of reimbursable expenses, and adjust such  rate
    33  for  reimbursement  accordingly.   The hospital, sexual assault examiner
    34  program, or licensed health  care  provider  must  accept  this  fee  as
    35  payment  in  full for these specified services. No additional billing of
    36  the survivor for said services is permissible. A sexual assault survivor
    37  may voluntarily assign any private insurance benefits to which she or he
    38  is entitled for the healthcare forensic examination, in which  case  the
    39  hospital  or  healthcare  provider  may not charge the office; provided,
    40  however, in the event the sexual assault survivor  assigns  any  private
    41  health  insurance  benefit, such coverage shall not be subject to annual
    42  deductibles or coinsurance or balance billing by  the  hospital,  sexual
    43  assault  examiner  program or licensed health care provider. A hospital,
    44  sexual assault examiner program or licensed health care provider  shall,
    45  at  the  time  of  the  initial visit, request assignment of any private
    46  health insurance benefits to which the sexual assault survivor is  enti-
    47  tled  on a form prescribed by the office; provided, however, such sexual
    48  assault survivor shall be advised orally and in writing that he  or  she
    49  may  decline to provide such information regarding private health insur-
    50  ance benefits if he or she believes that the provision of such  informa-
    51  tion  would  substantially interfere with his or her personal privacy or
    52  safety and in such event, the sexual assault forensic exam fee shall  be
    53  paid  by  the office. Such sexual assault survivor shall also be advised
    54  that providing such information may provide additional resources to  pay
    55  for  services  to other sexual assault victims. If he or she declines to
    56  provide such health insurance information, he or she shall indicate such
        A. 1204--A                          3
 
     1  decision on the form provided by the hospital, sexual  assault  examiner
     2  program or licensed health care provider, which form shall be prescribed
     3  by the office.
     4    § 3. This act shall take effect on the one hundred eightieth day after
     5  it  shall  have  become  a law; provided that effective immediately, the
     6  commissioner of health and the director of the office of victim services
     7  shall make regulations and take other action necessary to implement this
     8  act on such date.

A01204 LFIN:

 
NO LFIN

A01204 Chamber Video/Transcript: