Requires financial assistance from the office of victim services for HIV post-exposure prophylaxis treatment for victims of sexual assault.

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S3200B-2011 Actions

• May 15, 2012: SUBSTITUTED BY A669C
• Apr 25, 2012: ADVANCED TO THIRD READING
• Apr 25, 2012: AMENDED 3200B
• Apr 19, 2012: 2ND REPORT CAL.
• Apr 18, 2012: 1ST REPORT CAL.524
• Jan 31, 2012: REPORTED AND COMMITTED TO FINANCE
• Jan 23, 2012: PRINT NUMBER 3200A
• Jan 23, 2012: AMEND (T) AND RECOMMIT TO HEALTH
• Jan 4, 2012: REFERRED TO HEALTH
• Jan 4, 2012: returned to senate
• Jan 4, 2012: died in assembly
• Jun 14, 2011: referred to ways and means
• Jun 14, 2011: DELIVERED TO ASSEMBLY
• Jun 14, 2011: PASSED SENATE
• Jun 7, 2011: ADVANCED TO THIRD READING
• Jun 6, 2011: 2ND REPORT CAL.
• Jun 2, 2011: 1ST REPORT CAL.956
• Apr 12, 2011: REPORTED AND COMMITTED TO FINANCE
• Feb 11, 2011: REFERRED TO HEALTH

S3200B-2011 Calendars

Active List: May 15, 2012 , Floor Calendar: Apr 26, 2012 , Floor Calendar: Apr 30, 2012 , Floor Calendar: May 1, 2012 , Floor Calendar: May 2, 2012 , Floor Calendar: May 7, 2012 , Floor Calendar: May 8, 2012 , Floor Calendar: May 9, 2012 , Floor Calendar: May 14, 2012 , Floor Calendar: May 15, 2012

S3200B-2011 Votes

S3200B-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                   3200--B
      Cal. No. 524

                         2011-2012 Regular Sessions

                              I N  SENATE

                              February 11, 2011
                                 ___________

  Introduced by Sens. HANNON, JOHNSON, KLEIN, KRUEGER, LARKIN, MONTGOMERY,
    OPPENHEIMER,  PARKER, SAVINO, SERRANO -- read twice and ordered print-
    ed, and when printed to be committed to the  Committee  on  Health  --
    recommitted  to the Committee on Health in accordance with Senate Rule
    6, sec. 8 -- committee discharged, bill amended, ordered reprinted  as
    amended  and  recommitted to said committee -- reported favorably from
    said committee and committed to the Committee on Finance  --  reported
    favorably  from  said  committee,  ordered to first and second report,
    amended on second report, ordered  to  a  third  reading,  and  to  be
    reprinted  as amended, retaining its place in the order of third read-
    ing

  AN ACT to amend the public health law and the executive law, in relation
    to financial assistance from the office of victim services  for  post-
    exposure prophylaxis treatment for victims of sexual assault

    THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
  BLY, DO ENACT AS FOLLOWS:


    Section 1. Paragraph (c) of subdivision 1 of  section  2805-i  of  the
  public health law, as amended by section 39 of part A-1 of chapter 56 of
  the laws of 2010, is amended to read as follows:

    (c) offering and making available appropriate HIV post-exposure treat-
  ment  therapies; INCLUDING A SEVEN DAY STARTER PACK OF HIV POST-EXPOSURE
  PROPHYLAXIS, in cases where it has been determined, in  accordance  with
  guidelines  issued  by  the commissioner, that a significant exposure to
  HIV has occurred, and informing the victim that payment  assistance  for
  such  therapies  may  be  available  from  the office of victim services
  pursuant to the provisions of article twenty-two of the  executive  law.
  WITH  THE  CONSENT OF THE VICTIM OF A SEXUAL ASSAULT, THE HOSPITAL EMER-
  GENCY ROOM DEPARTMENT SHALL PROVIDE OR ARRANGE FOR  AN  APPOINTMENT  FOR
  MEDICAL  FOLLOW-UP  RELATED  TO  HIV POST-EXPOSURE PROPHYLAXIS AND OTHER
  CARE AS APPROPRIATE.

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD03995-07-2

 S. 3200--B                          2

    S 2. Subdivision 13 of section 631 of the executive law, as amended by
  section 22 of part A-1 of chapter 56 of the laws of 2010, is amended  to
  read as follows:

    13. Notwithstanding any other provision of law, rule, or regulation to
  the  contrary,  when  any New York state accredited hospital, accredited
  sexual assault  examiner  program,  or  licensed  health  care  provider
  furnishes  services  to  any  sexual assault survivor, including but not
  limited to a health care forensic examination in accordance with the sex
  offense evidence collection protocol and standards  established  by  the
  department of health, such hospital, sexual assault examiner program, or
  licensed  healthcare  provider shall provide such services to the person
  without charge and shall  bill  the  office  directly.  The  office,  in
  consultation  with  the  department of health, shall define the specific
  services to be covered by the sexual assault forensic exam reimbursement
  fee, which must include at a minimum forensic examiner services,  hospi-
  tal  or  healthcare  facility  services related to the exam, and related
  laboratory tests and NECESSARY pharmaceuticals; INCLUDING BUT NOT LIMIT-
  ED TO HIV POST-EXPOSURE PROPHYLAXIS PROVIDED  BY  A  HOSPITAL  EMERGENCY
  ROOM  AT THE TIME OF THE FORENSIC RAPE EXAMINATION PURSUANT TO PARAGRAPH
  (C) OF SUBDIVISION ONE OF SECTION TWENTY-EIGHT  HUNDRED  FIVE-I  OF  THE
  PUBLIC  HEALTH  LAW. Follow-up HIV post-exposure prophylaxis costs shall
  continue to be reimbursed according to established office procedure. The
  office, in consultation with the department of health, shall also gener-
  ate the necessary regulations and forms  for  the  direct  reimbursement
  procedure.  The  rate  for reimbursement shall be the amount of itemized
  charges not exceeding eight hundred dollars, to be reviewed and adjusted
  annually by the office in consultation with the  department  of  health.
  The  hospital,  sexual assault examiner program, or licensed health care
  provider must accept this fee as payment in  full  for  these  specified
  services.  No  additional  billing  of the survivor for said services is
  permissible. A  sexual  assault  survivor  may  voluntarily  assign  any
  private  insurance  benefits  to  which  she  or  he is entitled for the
  healthcare forensic examination, in which case the hospital  or  health-
  care  provider  may  not  charge  the office. A hospital, sexual assault
  examiner program or licensed health care provider shall, at the time  of
  the  initial  visit,  request assignment of any private health insurance
  benefits to which the sexual assault survivor  is  entitled  on  a  form
  prescribed  by the office; provided, however, such sexual assault survi-
  vor shall be advised orally and in writing that he or she may decline to
  provide such information regarding private health insurance benefits  if
  he or she believes that the provision of such information would substan-
  tially  interfere with his or her personal privacy or safety and in such
  event, the sexual assault forensic exam fee shall be paid by the office.
  Such sexual assault survivor shall also be advised that  providing  such
  information  may  provide  additional  resources  to pay for services to
  other sexual assault victims. If he or  she  declines  to  provide  such
  health  insurance information, he or she shall indicate such decision on
  the form provided by the hospital, sexual assault  examiner  program  or
  licensed  health  care  provider,  which form shall be prescribed by the
  office.
    S 3. This act shall take effect on the one hundred eightieth day after
  it shall have become a law.