S T A T E   O F   N E W   Y O R K
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                                   701

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by M. of A. PAULIN, GALEF, MARKEY, REILLY, CLARK, GOTTFRIED,
  HOYT, JAFFEE,  LANCMAN,  MAYERSOHN,  MOLINARO,  PHEFFER,  SCHIMMINGER,
  SPANO,  LUPARDO  --  Multi-Sponsored by -- M. of A. BENEDETTO, MAISEL,
  McENENY, PEOPLES-STOKES, ROSENTHAL, TOWNS, WEISENBERG -- read once and
  referred to the Committee on Governmental Operations

AN ACT to amend the executive law, in relation to  direct  reimbursement
  to  experts  for  forensic  physical  abuse  assessments  by the crime
  victims board

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

  Section 1. Section 631 of the executive law is amended by adding a new
subdivision 18 to read as follows:
  18.  (A)  NOTWITHSTANDING  ANY  OTHER PROVISION OF LAW, RULE, OR REGU-
LATION TO THE CONTRARY, WHENEVER ANY  HOSPITAL  LICENSED  UNDER  ARTICLE
TWENTY-EIGHT  OF  THE  PUBLIC HEALTH LAW OR CHILD ADVOCACY CENTER ESTAB-
LISHED UNDER SECTION FOUR HUNDRED TWENTY-THREE-A OF THE SOCIAL  SERVICES
LAW DETERMINES IT APPROPRIATE TO FURNISH SERVICES RELATING TO THE FOREN-
SIC  COMPONENT  OF A PHYSICAL ABUSE ASSESSMENT IN ACCORDANCE WITH PROTO-
COLS AND REGULATIONS ESTABLISHED BY THE DEPARTMENT  OF  HEALTH,  TO  ANY
PERSON  UNDER  THE AGE OF EIGHTEEN (I) WHO IS THE SUBJECT OF A REPORT TO
THE CENTRAL REGISTER, AS PROVIDED IN SECTION FOUR HUNDRED TWENTY-TWO  OF
THE  SOCIAL  SERVICES  LAW,  OR (II) UPON THE REQUEST OF LAW ENFORCEMENT
PERSONNEL, A REPRESENTATIVE OF THE OFFICE OF THE DISTRICT ATTORNEY, OR A
HOSPITAL LICENSED UNDER ARTICLE TWENTY-EIGHT OF THE PUBLIC HEALTH LAW OR
CHILD ADVOCACY CENTER, SUCH HOSPITAL  OR  CHILD  ADVOCACY  CENTER  SHALL
ENGAGE  A  CHILD  ABUSE PEDIATRICIAN AS DEFINED BY THE AMERICAN BOARD OF
PEDIATRICS, TO PROVIDE SUCH SERVICES TO THE PERSON  WITHOUT  CHARGE  AND
SUCH  HOSPITAL  OR  CHILD ADVOCACY CENTER SHALL BILL THE BOARD DIRECTLY.
THE BOARD, IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, SHALL  PROMUL-
GATE  REGULATIONS  TO  DEFINE THE SPECIFIC SERVICES TO BE COVERED BY THE

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

                                                           LBD00331-02-1

A. 701                              2

PHYSICAL ABUSE ASSESSMENT REIMBURSEMENT FEE WHICH SHALL INCLUDE PHYSICAL
EXAMINATION OF SUCH PERSON, DOCUMENTATION  OF  INJURY  WITH  PHOTOGRAPHS
AND/OR COLPOSCOPY, REVIEW OF SUCH PERSON'S PRIOR MEDICAL RECORDS, REVIEW
OF RADIOGRAPHS WITH RADIOLOGISTS, CONSULTATION WITH SUCH PERSON'S TREAT-
ING  PHYSICIANS  AND  OTHER  EXPERTS,  AND MEETING WITH CHILD PROTECTIVE
SERVICES, LOCAL LAW ENFORCEMENT AND THE PROSECUTION IN  CONNECTION  WITH
INVESTIGATIONS  BY  MULTI-DISCIPLINARY TEAMS. THE BOARD, IN CONSULTATION
WITH THE DEPARTMENT OF HEALTH,  SHALL  ALSO  PROMULGATE  REGULATIONS  TO
IMPLEMENT,  AND  PROVIDE  FORMS FOR, THE DIRECT REIMBURSEMENT PROCEDURE.
THE RATE FOR REIMBURSEMENT SHALL NOT EXCEED EIGHT HUNDRED DOLLARS, WHICH
RATE WILL BE REVIEWED AND ADJUSTED ANNUALLY BY THE BOARD IN CONSULTATION
WITH THE DEPARTMENT OF HEALTH. THE HOSPITAL  OR  CHILD  ADVOCACY  CENTER
PROVIDING  SUCH  SERVICES  MUST  ACCEPT  THIS FEE AS PAYMENT IN FULL FOR
THESE SPECIFIED SERVICES. NO ADDITIONAL BILLING OF THE  PERSON  ASSESSED
OR REFERRING AGENCY FOR SUCH SERVICES IS PERMISSIBLE.
  (B)  ON  OR  BEFORE THE THIRTIETH DAY OF THE SIXTH MONTH FOLLOWING THE
INITIAL TWELVE-MONTH PERIOD  IN  WHICH  THE  PHYSICAL  ABUSE  ASSESSMENT
PROGRAM  ESTABLISHED UNDER PARAGRAPH (A) OF THIS SUBDIVISION HAS BEEN IN
OPERATION, THE CHAIRPERSON SHALL MAKE A  REPORT  TO  THE  GOVERNOR,  THE
TEMPORARY  PRESIDENT  OF  THE  SENATE  AND  THE  SPEAKER OF THE ASSEMBLY
CONCERNING THE PHYSICAL ABUSE  ASSESSMENT  PROGRAM.  SUCH  REPORT  SHALL
INCLUDE  AN  EVALUATION  OF  THE EFFICACY OF SUCH PROGRAM IN IDENTIFYING
CHILD ABUSE OR MALTREATMENT. SUCH REPORT SHALL  ALSO  RECOMMEND  WHETHER
THIS  PROGRAM  SHOULD BE EXPANDED AND SHALL ESTIMATE THE FINANCIAL COST,
IF ANY, OF SUCH PROPOSED EXPANSION.
  S 2. This act shall take effect April 1, 2012.  Effective immediately,
the addition, amendment and/or repeal of any rule or  regulation  neces-
sary for the implementation of this act on its effective date is author-
ized  and  directed to be made and completed on or before such effective
date.