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

                                  2400

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 15, 2013
                               ___________

Introduced  by  M.  of  A.  GABRYSZAK,  JACOBS, GUNTHER, CAHILL, COLTON,
  GIBSON,  SCARBOROUGH,  PEOPLES-STOKES,  SCHIMMINGER,  ROBERTS,  ENGLE-
  BRIGHT,  RAIA, McDONOUGH, MOYA, PERRY, WALTER, JAFFEE, WEPRIN, BOYLAND
  -- Multi-Sponsored by -- M. of A.  ABBATE, ARROYO,  BARCLAY,  BRENNAN,
  CERETTO,  COOK,  HOOPER,  RA,  SKARTADOS,  SWEENEY  --  read  once and
  referred to the Committee on Health

AN ACT to amend the public health law and the executive law, in relation
  to establishing a domestic violence forensic examiner program

  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 article
27-M to read as follows:
                              ARTICLE 27-M
                       DOMESTIC VIOLENCE FORENSIC
                            EXAMINER PROGRAM
SECTION 2799-T. TREATMENT OF SURVIVORS OF DOMESTIC VIOLENCE AND  MAINTE-
                  NANCE OF EVIDENCE; DOMESTIC VIOLENCE FORENSIC EXAMINER
                  PROGRAM ESTABLISHED.
  S  2799-T. TREATMENT OF SURVIVORS OF DOMESTIC VIOLENCE AND MAINTENANCE
OF EVIDENCE; DOMESTIC VIOLENCE FORENSIC EXAMINER PROGRAM ESTABLISHED. 1.
THE COMMISSIONER SHALL ESTABLISH A PROGRAM IN THIS STATE THROUGH WHICH A
TRAINED NURSE PRACTITIONER, PHYSICIAN'S ASSISTANT, REGISTERED  NURSE  OR
PHYSICIAN  SHALL  PROVIDE  APPROPRIATE FORENSIC EXAMINATIONS AND RELATED
MEDICAL SERVICES TO SURVIVORS OF DOMESTIC VIOLENCE.
  2. THE COMMISSIONER SHALL, IN CONSULTATION WITH  THE  COMMISSIONER  OF
CRIMINAL  JUSTICE SERVICES, DESIGNATE FACILITIES LOCATED IN THE STATE AS
OFFICIAL SITES FOR DOMESTIC VIOLENCE FORENSIC EXAMINER PROGRAMS.
  3. THE COMMISSIONER SHALL PROMULGATE SUCH RULES AND REGULATIONS AS MAY
BE NECESSARY AND PROPER TO CARRY OUT EFFECTIVELY THE PROVISIONS OF  THIS
SECTION.  PRIOR  TO PROMULGATING SUCH RULES AND REGULATIONS, THE COMMIS-
SIONER SHALL CONSULT WITH RELEVANT POLICE AGENCIES,  FORENSIC  LABORATO-
RIES,  AND  OTHER SUCH PERSONS AS THE COMMISSIONER DEEMS NECESSARY. SUCH
RULES AND REGULATIONS SHALL: (A) IDENTIFY ANY CRIMINAL OFFENSES  SUBJECT
TO  THE PROVISIONS OF THIS SECTION; (B) PROVIDE DEFINITIONS FOR EVIDENCE

              

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04776-01-3

A. 2400                             2

COLLECTED IN DOMESTIC VIOLENCE CASES; AND (C) REQUIRE EACH  FACILITY  TO
CONTACT  ITS  LOCAL  POLICE  AGENCY AND FORENSIC LABORATORY TO DETERMINE
THEIR SPECIFIC NEEDS OR REQUIREMENTS.
  4.  ON  OR  BEFORE  NOVEMBER  THIRTIETH,  TWO  THOUSAND SEVENTEEN, THE
COMMISSIONER SHALL PROVIDE A REPORT TO THE GOVERNOR, THE TEMPORARY PRES-
IDENT OF THE SENATE AND THE SPEAKER  OF  THE  ASSEMBLY,  CONCERNING  THE
DOMESTIC  VIOLENCE  FORENSIC  EXAMINER  PROGRAM  ESTABLISHED  UNDER THIS
SECTION. SUCH REPORT SHALL INCLUDE AN EVALUATION OF THE EFFICACY OF SUCH
PROGRAM IN OBTAINING USEFUL FORENSIC EVIDENCE IN DOMESTIC VIOLENCE CASES
AND ASSURING QUALITY TREATMENT TO SURVIVORS OF DOMESTIC  VIOLENCE.  SUCH
REPORT  SHALL ALSO RECOMMEND WHETHER THIS PROGRAM SHOULD BE EXPANDED AND
SHALL ESTIMATE THE FINANCIAL COST, IF ANY, OF SUCH EXPANSION.
  S 2. Section 631 of the executive law  is  amended  by  adding  a  new
subdivision 18 to read as follows:
  18. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE, OR REGULATION TO
THE  CONTRARY,  WHEN  ANY  NEW  YORK  STATE ACCREDITED DOMESTIC VIOLENCE
FORENSIC EXAMINER PROGRAM OR LICENSED  HEALTH  CARE  PROVIDER  FURNISHES
SERVICES  TO  A SURVIVOR OF DOMESTIC VIOLENCE, INCLUDING BUT NOT LIMITED
TO, A HEALTH CARE FORENSIC EXAMINATION IN ACCORDANCE WITH  THE  DOMESTIC
VIOLENCE  EVIDENCE  COLLECTION PROTOCOL AND STANDARDS ESTABLISHED BY THE
DEPARTMENT OF HEALTH, SUCH DOMESTIC VIOLENCE FORENSIC  EXAMINER  PROGRAM
OR  LICENSED  HEALTH  CARE  PROVIDER SHALL PROVIDE SUCH SERVICES TO SUCH
PERSON WITHOUT CHARGE AND SHALL BILL THE OFFICE DIRECTLY.
  (A) THE OFFICE, IN CONSULTATION WITH THE DEPARTMENT OF  HEALTH,  SHALL
DEFINE  THE  SPECIFIC  SERVICES  TO  BE COVERED BY THE DOMESTIC VIOLENCE
FORENSIC EXAMINATION REIMBURSEMENT FEE.
  (B) THE OFFICE, IN CONSULTATION WITH THE DEPARTMENT OF  HEALTH,  SHALL
ESTABLISH  A  DIRECT REIMBURSEMENT PROGRAM AND SHALL GENERATE THE NECES-
SARY REGULATIONS AND FORMS FOR SUCH PROGRAM. THE RATE FOR  REIMBURSEMENT
SHALL BE THE AMOUNT OF ITEMIZED CHARGES, NOT TO EXCEED SIX HUNDRED FIFTY
DOLLARS, TO BE REVIEWED AND ADJUSTED ANNUALLY BY THE OFFICE IN CONSULTA-
TION WITH THE DEPARTMENT OF HEALTH. THE DOMESTIC VIOLENCE FORENSIC EXAM-
INER  PROGRAM  OR  LICENSED  HEALTH  CARE  PROVIDER  SHALL  ACCEPT  SUCH
REIMBURSEMENT AS PAYMENT IN FULL FOR SUCH SPECIFIED SERVICES.  NO  ADDI-
TIONAL BILLING OF THE SURVIVOR FOR SUCH SERVICES IS PERMISSIBLE.
  (C) A SURVIVOR OF DOMESTIC VIOLENCE MAY VOLUNTARILY ASSIGN ANY PRIVATE
INSURANCE  BENEFITS  TO  WHICH SHE OR HE IS ENTITLED FOR THE HEALTH CARE
FORENSIC EXAMINATION, IN WHICH CASE THE HOSPITAL OR HEALTH CARE PROVIDER
MAY NOT CHARGE THE OFFICE. A DOMESTIC VIOLENCE FORENSIC 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 SURVIVOR OF DOMESTIC VIOLENCE IS ENTITLED ON A FORM PRESCRIBED
BY THE OFFICE. SUCH SURVIVOR OF DOMESTIC VIOLENCE SHALL BE ADVISED ORAL-
LY 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 SUBSTANTIALLY INTERFERE WITH HIS
OR  HER  PERSONAL  PRIVACY  OR  SAFETY  AND  IN SUCH EVENT, THE DOMESTIC
VIOLENCE FORENSIC EXAMINATION FEE SHALL BE  PAID  BY  THE  OFFICE.  SUCH
SURVIVOR  OF DOMESTIC VIOLENCE SHALL ALSO BE ADVISED THAT PROVIDING SUCH
INFORMATION MAY PROVIDE ADDITIONAL RESOURCES  TO  PAY  FOR  SERVICES  TO
OTHER DOMESTIC VIOLENCE SURVIVORS. IF HE OR SHE DECLINES TO PROVIDE SUCH
HEALTH  INSURANCE INFORMATION, HE OR SHE SHALL INDICATE SUCH DECISION ON
SUCH FORM PROVIDED BY THE DOMESTIC VIOLENCE FORENSIC EXAMINER PROGRAM OR
LICENSED HEALTH CARE PROVIDER, AS PRESCRIBED BY THE OFFICE.
  S 3. This act shall take effect immediately.