Requires hospitals to offer hepatitis C testing.
TITLE OF BILL: An act to amend the public health law, in relation to requiring hospitals to offer hepatitis C testing
PURPOSE: This bill will require individuals born between 1945 and 1965 to be offered hepatitis C testing when receiving health services from hospital inpatient care, an emergency room, or outpatient setting, a clinic or from a primary care provider.
SUMMARY OF PROVISIONS:
Section 1 of the bill amends the public health law by adding a new section 2171 as it relates to requiring certain health service providers to offer hepatitis C testing to individuals born between 1945 and 1965 unless the individual is being treated for a life threatening emergency or has previously been offered or tested or they lack the ability to consent.
Section 2 of the bill relates to the effective date.
JUSTIFICATION: The Center for Disease Control (CDC) has recently released a report detailing birth cohort testing guidelines that identified baby boomers or those born between 1945 and 1965 as at risk for hepatitis C. There is an estimated 3.2 million American infected with hepatitis C and 75% of them are people born between 1945 and 1965. According to the CDC report, 45-85% of those individuals living with Hepatitis C are unaware of their infection status. This legislation will require hospitals and certain health care providers to offer hepatitis C testing to baby boomers. There have been great advances over the past few years in treatments for hepatitis C and many can be cured. By increasing testing. opportunities, this legislation will ensure that more individuals living with Hepatitis C become aware of their infection status and get available treatment.
LEGISLATIVE HISTORY: 2011-12: A.10595
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act shall take effect on the sixtieth day after it shall become law.
STATE OF NEW YORK ________________________________________________________________________ 2750 2013-2014 Regular Sessions IN SENATE January 23, 2013 ___________Introduced by Sen. HANNON -- 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 requiring hospi- tals to offer hepatitis C testing THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The public health law is amended by adding a new section 2171 to read as follows: S 2171. REQUIRED OFFERING OF HEPATITIS C RELATED TESTING. 1. EVERY INDIVIDUAL BORN BETWEEN THE YEARS OF NINETEEN HUNDRED FORTY-FIVE AND NINETEEN HUNDRED SIXTY-FIVE WHO RECEIVES HEALTH SERVICES AS AN INPATIENT OR IN THE EMERGENCY DEPARTMENT OF A GENERAL HOSPITAL DEFINED IN SUBDIVI- SION TEN OF SECTION TWENTY-EIGHT HUNDRED ONE OF THIS CHAPTER OR WHO RECEIVES PRIMARY CARE SERVICES IN AN OUTPATIENT DEPARTMENT OF SUCH HOSPITAL OR IN A DIAGNOSTIC AND TREATMENT CENTER LICENSED UNDER ARTICLE TWENTY-EIGHT OF THIS CHAPTER OR FROM A PHYSICIAN, PHYSICIAN ASSISTANT OR A NURSE PRACTITIONER PROVIDING PRIMARY CARE SHALL BE OFFERED A HEPATITIS C RELATED TEST UNLESS THE HEALTH CARE PRACTITIONER PROVIDING SUCH SERVICES REASONABLY BELIEVES THAT: (A) THE INDIVIDUAL IS BEING TREATED FOR A LIFE THREATENING EMERGENCY; OR (B) THE INDIVIDUAL HAS PREVIOUSLY BEEN OFFERED OR HAS BEEN THE SUBJECT OF A HEPATITIS C RELATED TEST (EXCEPT THAT A TEST SHALL BE OFFERED IF OTHERWISE INDICATED); OR (C) THE INDIVIDUAL LACKS CAPACITY TO CONSENT TO A HEPATITIS C RELATED TEST. 2. AS USED IN THIS SECTION, "PRIMARY CARE" MEANS THE MEDICAL FIELDS OF FAMILY MEDICINE, GENERAL PEDIATRICS, PRIMARY CARE, INTERNAL MEDICINE, PRIMARY CARE OBSTETRICS, OR PRIMARY CARE GYNECOLOGY, WITHOUT REGARD TO BOARD CERTIFICATION.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00481-01-3 S. 2750 2
3. THE OFFERING OF HEPATITIS C RELATED TESTING UNDER THIS SECTION SHALL BE CULTURALLY AND LINGUISTICALLY APPROPRIATE IN ACCORDANCE WITH RULES AND REGULATIONS PROMULGATED BY THE COMMISSIONER. 4. THIS SECTION SHALL NOT AFFECT THE SCOPE OF PRACTICE OF ANY HEALTH CARE PRACTITIONER OR DIMINISH ANY AUTHORITY OR LEGAL OR PROFESSIONAL OBLIGATION OF ANY HEALTH CARE PRACTITIONER TO OFFER A HEPATITIS C RELATED TEST OR TO PROVIDE SERVICES OR CARE FOR THE SUBJECT OF A HEPATI- TIS C RELATED TEST. S 2. This act shall take effect on the sixtieth day after it shall have become a law.