S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9926
 
                           I N  A S S E M B L Y
 
                             February 23, 2018
                                ___________
 
 Introduced  by  M.  of  A.  GOTTFRIED  --  read once and referred to the
   Committee on Health
 
 AN ACT to amend the public health law, the executive law and the  insur-
   ance law, in relation to sexual assault forensic exams
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subdivision 1 of section 2805-i of the public  health  law,
 as  amended  by  chapter  504  of  the laws of 1994 and paragraph (c) as
 amended by chapter 39 of the  laws  of  2012,  is  amended  to  read  as
 follows:
   1.  Every  hospital providing treatment to alleged victims of a sexual
 offense shall be responsible for:
   (a) maintaining sexual offense evidence and the chain  of  custody  as
 provided in subdivision two of this section[.];
   (b)  contacting  a  rape  crisis or victim assistance organization, if
 any, providing victim assistance to the geographic area served  by  that
 hospital to establish the coordination of non-medical services to sexual
 offense victims who request such coordination and services[.];
   (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; AND
   (D) ENSURING SEXUAL  ASSAULT  SURVIVORS  ARE  NOT  BILLED  FOR  SEXUAL
 ASSAULT  FORENSIC  EXAMS  AND  ARE NOTIFIED ORALLY AND IN WRITING OF THE
 OPTION TO DECLINE TO PROVIDE PRIVATE HEALTH  INSURANCE  INFORMATION  AND
 HAVE  THE  OFFICE OF VICTIM SERVICES REIMBURSE THE HOSPITAL FOR THE EXAM
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD13870-02-8

 A. 9926                             2
 
 PURSUANT TO SUBDIVISION THIRTEEN OF SECTION SIX  HUNDRED  THIRTY-ONE  OF
 THE EXECUTIVE LAW.
   § 2. Subdivision 13 of section 631 of the executive law, as amended by
 chapter 39 of the laws of 2012, 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; PROVIDED, HOWEVER, IN THE EVENT
 THE  SEXUAL  ASSAULT SURVIVOR ASSIGNS ANY PRIVATE HEALTH INSURANCE BENE-
 FIT, SUCH COVERAGE SHALL NOT BE SUBJECT TO ANNUAL DEDUCTIBLES OR COINSU-
 RANCE OR BALANCE  BILLING  BY  THE  HOSPITAL,  SEXUAL  ASSAULT  EXAMINER
 PROGRAM  OR  LICENSED  HEALTH CARE PROVIDER.  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.

 A. 9926                             3
 
   § 3. Subsection (i) of section 3216 of the insurance law is amended by
 adding a new paragraph 34 to read as follows:
   (34)  HEALTH  CARE FORENSIC EXAMINATIONS PERFORMED PURSUANT TO SECTION
 TWENTY-EIGHT HUNDRED FIVE-I OF THE PUBLIC HEALTH LAW COVERED  UNDER  THE
 POLICY SHALL NOT BE SUBJECT TO ANNUAL DEDUCTIBLES OR COINSURANCE.
   § 4. Subsection (l) of section 3221 of the insurance law is amended by
 adding a new paragraph 20 to read as follows:
   (20)  HEALTH  CARE FORENSIC EXAMINATIONS PERFORMED PURSUANT TO SECTION
 TWENTY-EIGHT HUNDRED FIVE-I OF THE PUBLIC HEALTH LAW COVERED  UNDER  THE
 POLICY SHALL NOT BE SUBJECT TO ANNUAL DEDUCTIBLES OR COINSURANCE.
   §  5.  Section  4303  of  the insurance law is amended by adding a new
 subsection (rr) to read as follows:
   (RR) HEALTH CARE FORENSIC EXAMINATIONS PERFORMED PURSUANT  TO  SECTION
 TWENTY-EIGHT  HUNDRED  FIVE-I OF THE PUBLIC HEALTH LAW COVERED UNDER THE
 CONTRACT SHALL NOT BE SUBJECT TO ANNUAL DEDUCTIBLES OR COINSURANCE.
   § 6. This act shall take effect immediately, and shall  apply  to  all
 policies  and contracts issued, renewed, modified, altered or amended on
 or after the first of January next succeeding such effective date.