NY State Senate Bill 2017-S6964A

Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 20, 2018	committed to rules
Feb 12, 2018	amended on third reading (t) 6964a
Jan 17, 2018	advanced to third reading
Jan 16, 2018	2nd report cal.
Jan 09, 2018	1st report cal.157
Jan 03, 2018	referred to health
Dec 01, 2017	referred to rules

Votes

- Jan 9, 2018 - Health Committee Vote
  S6964A
  
  17
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Health Committee Vote: Jan 9, 2018
      
      aye (17)
      
      Felder
      
      Golden
      
      Hannon
      
      Hoylman-Sigal
      
      Jacobs
      
      Kaminsky
      
      Larkin
      
      Little
      
      Montgomery
      
      Murphy
      
      Persaud
      
      Ritchie
      
      Rivera
      
      Seward
      
      Stavisky
      
      Tedisco
      
      Valesky

Bill Amendments

Original

A (Active)

co-Sponsors

View additional co-sponsors

2017-S6964 - Details

See Assembly Version of this Bill:: A9926
Current Committee:: Senate Rules
Law Section:: Public Health Law
Laws Affected:: Amd §2805-i, Pub Health L; amd §631, Exec L; amd §§3216, 3221 & 4303, Ins L

2017-S6964 - Summary

Ensures that 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; also provides that if such exam is covered by insurance, such coverage shall not be subject to annual deductibles or coinsurance.

2017-S6964 - Sponsor Memo

                                
 
BILL NUMBER: S6964

SPONSOR: HANNON
 
TITLE OF BILL:  An act to amend the public health law, in relation to
sexual assault forensic exams

 
PURPOSE:

To clarify sexual assault forensic exams performed by hospitals are free
of charge to the sexual assault survivor.

 
SUMMARY OF PROVISIONS:

Section one amends Public Health Law § 2805-i to clarify and ensure
hospitals are aware of provisions of the Executive Law that prohibit
hospitals from billing sexual assault survivors for the performance of
sexual assault forensic exams. Further, this section clarifies that
hospitals must notify orally and in writing to the sexual assault survi-
vor of the option to decline to provide private health insurance infor-
mation and to have the Office of Victim Services reimburse the hospital
for the exam.

Section two provides that the act shall take effect immediately.

 
JUSTIFICATION:

In 2003 the state enacted the sexual assault examiner program. Under
this program, which is codified in Executive Law § 631(13), any state
accredited hospital, sexual assault examiner program, or licensed health
care provider furnishing services to any sexual assault survivor,
including a forensic examination in accordance with sex offense evidence
collection, shall provide the services without charge and shall bill the
Office of Victim Services (OVS) directly.  The OVS currently reimburses
the hospital $800 (or an amount adjusted by OVS, in collaboration with
the Department of Health annually) and the hospital or other provider
must accept this fee as payment in full. The law further provides that a
hospital may request an assignment of private health insurance benefits
only when the sexual assault survivor has been advised orally and in
writing that he or she may decline to provide such information and the
exam fee will be paid by OVS.

Recent reports have suggested that some hospitals are unaware of these
protections and how billing should be properly processed for the
performance of sexual assault forensic exams. After receiving
complaints, an investigation by the Attorney General alleges that one
particular hospital was repeatedly billing patients directly in
violation of current Executive Law provisions. By cross-referencing
these protections in the Public Health Law, under current hospital
related provisions, this legislation will raise awareness and better
ensure adherence.

New York has made great strides in advancing sexual assault survivor
rights, including recently enacted provisions requiring the timely proc-
essing of all rape kits. As we move forward with such advancement, it is
imperative that these statutory protections are being adhered to.

 
LEGISLATIVE HISTORY:

New bill.
 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Immediately.

2017-S6964 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6964
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             December 1, 2017
                                ___________
 
 Introduced  by  Sen.  HANNON -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the public health 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

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

                                                            LBD13870-01-7

 S. 6964                             2
 
 OPTION TO DECLINE TO PROVIDE PRIVATE HEALTH  INSURANCE  INFORMATION  AND
 HAVE  THE  OFFICE OF VICTIM SERVICES REIMBURSE THE HOSPITAL FOR THE EXAM
 PURSUANT TO ARTICLE TWENTY-TWO OF THE EXECUTIVE LAW.
   § 2. This act shall take effect immediately.

co-Sponsors

View additional co-sponsors

2017-S6964A (ACTIVE) - Details

See Assembly Version of this Bill:: A9926
Current Committee:: Senate Rules
Law Section:: Public Health Law
Laws Affected:: Amd §2805-i, Pub Health L; amd §631, Exec L; amd §§3216, 3221 & 4303, Ins L

2017-S6964A (ACTIVE) - Summary

2017-S6964A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S6964A

SPONSOR: HANNON
 
TITLE OF BILL:

An act to amend the public health law, the executive law and the insur-
ance law, in relation to sexual assault forensic exams

 
PURPOSE:

To clarify sexual assault forensic exams performed by hospitals are free
of charge to the sexual assault survivor.

 
SUMMARY OF PROVISIONS:

Section one amends Public Health Law § 2805-i to clarify and ensure
hospitals are aware of provisions of the Executive Law that prohibit
hospitals from billing sexual assault survivors for the performance of
sexual assault forensic exams. Further, this section clarifies that
hospitals must notify orally and in writing to the sexual assault survi-
vor of the option to decline to provide private health insurance infor-

mation and to have the Office of Victim Services reimburse the hospital
for the exam.

Section two amends Executive Law § 631 to provide, in instances where
the sexual assault survivor does assign private health insurance to
cover the cost of the exam, they shall not be billed for any cost shar-
ing or otherwise balance billed.

Section three, four and five amend Insurance Law §§ 3216(i), 3221(1) and
4303(rr) to prohibit the imposition of any cost sharing for health care
forensic examinations.

Section six provides that the act shall take effect immediately and
apply to all policies and contracts issues, renewed or amended on or
after January 1st next succeeding enactment.

 
JUSTIFICATION:

In 2003 the state enacted the sexual assault examiner program. Under
this program, which is codified in Executive Law § 631(13), any state
accredited hospital, sexual assault examiner program, or licensed health
care provider furnishing services to any sexual assault survivor,
including a forensic examination in accordance with sex offense evidence
collection, shall provide the services without charge and shall bill the
Office of Victim Services (OVS) directly.  The OVS currently reimburses
the hospital $800 (or an amount adjusted by OVS, in collaboration with
the Department of Health annually) and the hospital or other provider
must accept this fee as payment in full. The law further provides that a
hospital may request an assignment of private health insurance benefits
only when the sexual assault survivor has been advised orally and in
writing that he or she may decline to provide such information and the
exam fee will be paid by OVS.

Recent reports have suggested that some hospitals are unaware of these
protections and how billing should be properly processed for the
performance of sexual assault forensic exams. After receiving
complaints, an investigation by the Attorney General alleges that one
particular hospital was repeatedly billing patients directly in
violation of current Executive Law provisions. By cross-referencing
these protections in the Public Health Law, under current hospital
related provisions, this legislation will raise awareness and better
ensure adherence. Furthermore, by prohibiting insurance cost sharing or
other balance billing, this bill will ensure a victim is never billed
for a forensic exam.

New York has made great strides in advancing sexual assault survivor
rights, including recently enacted provisions requiring the timely proc-
essing of all rape kits. As we move forward with such advancement, it is
imperative that these statutory protections are being adhered to.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Immediately.

2017-S6964A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6964--A
     Cal. No. 157
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             December 1, 2017
                                ___________
 
 Introduced  by  Sens.  HANNON,  AMEDORE,  CROCI, GOLDEN, LARKIN, O'MARA,
   RANZENHOFER, RITCHIE, SAVINO, VALESKY -- read twice and ordered print-
   ed, and when printed to be committed to  the  Committee  on  Rules  --
   recommitted  to the Committee on Health in accordance with Senate Rule
   6, sec. 8 -- reported favorably from said committee, ordered to  first
   and  second  report,  ordered  to a third reading, amended and ordered
   reprinted, retaining its place in the order of third reading
 
 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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD13870-03-8

 S. 6964--A                          2
 
 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
 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

 S. 6964--A                          3
 
 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.
   § 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.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Senate Bill S6964A

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

Jan 9, 2018 - Health Committee Vote

Health Committee Vote: Jan 9, 2018

Bill Amendments

co-Sponsors

2017-S6964 - Details

2017-S6964 - Summary

2017-S6964 - Sponsor Memo

2017-S6964 - Bill Text download pdf

co-Sponsors

2017-S6964A (ACTIVE) - Details

2017-S6964A (ACTIVE) - Summary

2017-S6964A (ACTIVE) - Sponsor Memo

2017-S6964A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S6964A

Share this bill

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

Bill Amendments

co-Sponsors

2017-S6964 - Details

2017-S6964 - Summary

2017-S6964 - Sponsor Memo

2017-S6964 - Bill Text download pdf

co-Sponsors

2017-S6964A (ACTIVE) - Details

2017-S6964A (ACTIVE) - Summary

2017-S6964A (ACTIVE) - Sponsor Memo

2017-S6964A (ACTIVE) - Bill Text download pdf

Comments