S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4842
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 5, 2019
                                ___________
 
 Introduced by M. of A. PAULIN -- read once and referred to the Committee
   on Health
 
 AN ACT to amend the public health law and the executive law, in relation
   to  treatment of domestic violence victims and documentation of injury
   and evidence
 
   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 section
 2805-z to read as follows:
   § 2805-Z. TREATMENT OF DOMESTIC VIOLENCE VICTIMS AND DOCUMENTATION  OF
 INJURY  AND  EVIDENCE.  1.  UPON THE REQUEST AND CONSENT OF THE PATIENT,
 EVERY HOSPITAL  PROVIDING  TREATMENT  TO  ALLEGED  VICTIMS  OF  DOMESTIC
 VIOLENCE SHALL BE RESPONSIBLE FOR:
   (A)  PROVIDING  DOCUMENTATION OF DOMESTIC VIOLENCE EVIDENCE, INCLUDING
 BUT NOT LIMITED TO THE MAINTENANCE OF DOMESTIC VIOLENCE EVIDENCE AND THE
 CHAIN OF CUSTODY AS PROVIDED IN SUBDIVISION TWO OF THIS SECTION;
   (B) CONTACTING A DOMESTIC VIOLENCE ASSISTANCE ORGANIZATION OR SHELTER,
 IF ANY, PROVIDING DOMESTIC  VIOLENCE  SERVICES  AND  ASSISTANCE  TO  THE
 GEOGRAPHIC  AREA SERVED BY THE HOSPITAL TO ESTABLISH THE COORDINATION OF
 NON-MEDICAL SERVICES TO DOMESTIC VIOLENCE VICTIMS WHO REQUEST SUCH COOR-
 DINATION AND SERVICES; AND
   (C) ENSURING THAT DOMESTIC VIOLENCE VICTIMS ARE NOT BILLED FOR  DOMES-
 TIC  VIOLENCE  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.  DOMESTIC  VIOLENCE  EVIDENCE  SHALL BE COLLECTED AND MAINTAINED AS
 FOLLOWS:
   (A) ALL DOMESTIC VIOLENCE  EVIDENCE,  INCLUDING  BUT  NOT  LIMITED  TO
 PHOTOGRAPHIC  EVIDENCE,  SHALL  BE  PROVIDED  TO THE ALLEGED VICTIM UPON
 THEIR REQUEST.  UPON THE CONSENT OF THE VICTIM,  ALL  DOMESTIC  VIOLENCE
 EVIDENCE,  INCLUDING  PHOTOGRAPHIC  EVIDENCE, SHALL BE KEPT IN A LOCKED,
 SEPARATE AND SECURE AREA FOR FIVE YEARS FROM  THE  DATE  OF  COLLECTION;
              

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01666-01-9

 A. 4842                             2
 
 PROVIDED  THAT  SUCH  EVIDENCE SHALL BE TRANSFERRED TO A NEW LOCATION OR
 LOCATIONS PURSUANT TO THIS SUBDIVISION.
   (B)  DOMESTIC  VIOLENCE EVIDENCE SHALL INCLUDE, BUT NOT BE LIMITED TO,
 SLIDES, COTTON SWABS,  PHOTOGRAPHS,  CLOTHING  AND  OTHER  ITEMS.  WHERE
 APPROPRIATE,  SUCH  ITEMS SHALL BE REFRIGERATED AND THE CLOTHS AND SWABS
 SHALL BE DRIED, STORED IN PAPER BAGS, AND LABELED. EACH ITEM OF EVIDENCE
 SHALL BE MARKED AND LOGGED WITH  A  CODE  NUMBER  CORRESPONDING  TO  THE
 ALLEGED DOMESTIC VIOLENCE VICTIM'S MEDICAL RECORD.
   (C)  UPON  COLLECTION,  THE HOSPITAL SHALL NOTIFY THE ALLEGED DOMESTIC
 VIOLENCE VICTIM THAT, AFTER FIVE YEARS, THE DOMESTIC  VIOLENCE  EVIDENCE
 WILL  BE  DISCARDED  IN COMPLIANCE WITH STATE AND LOCAL HEALTH CODES AND
 THAT THE ALLEGED DOMESTIC VIOLENCE VICTIM'S CLOTHES OR PERSONAL  EFFECTS
 WILL  BE  RETURNED  TO  THE ALLEGED DOMESTIC VIOLENCE VICTIM AT ANY TIME
 UPON REQUEST. THE ALLEGED DOMESTIC VIOLENCE VICTIM SHALL  BE  GIVEN  THE
 OPTION OF PROVIDING CONTACT INFORMATION FOR PURPOSES OF RECEIVING NOTICE
 OF  THE PLANNED DESTRUCTION OF SUCH EVIDENCE AFTER THE EXPIRATION OF THE
 FIVE-YEAR PERIOD.
   3. NOTHING WITHIN THIS SECTION SHALL PRECLUDE THE  REPORTING  HOSPITAL
 FROM USING THE RESOURCES, PROCEDURES, OR MEANS OF NOTIFICATION PREVIOUS-
 LY  ESTABLISHED  UNDER  ANY  OTHER LAW WITH RESPECT TO THE COLLECTION OF
 EVIDENCE THAT DOES NOT MITIGATE OR ABROGATE ANY RESPONSIBILITIES HEREIN.
   4. NOTWITHSTANDING ANY PROVISION OF THIS SECTION, WHERE THE PERSON  IS
 AN  ALLEGED  VICTIM  OF  A  SEXUAL ASSAULT OR OFFENSE THE HOSPITAL SHALL
 TREAT AND MAINTAIN EVIDENCE  IN  ACCORDANCE  WITH  SECTION  TWENTY-EIGHT
 HUNDRED FIVE-I OF THIS ARTICLE.
   §  2. Subdivision 1 of section 631 of the executive law, as separately
 amended by chapters 189 and 295 of the laws of 2018, is amended to  read
 as follows:
   1. No award shall be made unless the office finds that (a) a crime was
 committed,  (b) such crime directly resulted in personal physical injury
 to or the exacerbation of a preexisting  disability,  or  condition,  or
 death  of, the victim, and (c) criminal justice agency records show that
 such crime was promptly reported to the proper authorities;  and  in  no
 case may an award be made where the criminal justice agency records show
 that  such  report  was  made more than one week after the occurrence of
 such crime unless the office, for good cause shown, finds the  delay  to
 have  been  justified.  Notwithstanding the foregoing provisions of this
 subdivision, in cases involving an alleged sex offense as  contained  in
 article  one  hundred  thirty  of  the penal law or incest as defined in
 section 255.25, 255.26 or 255.27 of the penal law or  labor  trafficking
 as  defined  in  section  135.35  of the penal law or sex trafficking as
 defined in sections 230.34 and 230.34-a of the penal law or  an  offense
 chargeable  as  a  family  offense as described in section eight hundred
 twelve of the family court act or section 530.11 of the criminal  proce-
 dure  law, the criminal justice agency report need only be made within a
 reasonable  time  considering  all  the  circumstances,  including   the
 victim's  physical, emotional and mental condition and family situation.
 For the purposes of this subdivision, "criminal  justice  agency"  shall
 include,  but  not be limited to, a police department, a district attor-
 ney's office, and any other governmental  agency  having  responsibility
 for the enforcement of the criminal laws of the state provided, however,
 that  in  cases  involving such sex offense or family offense a criminal
 justice agency shall also mean a family  court,  a  governmental  agency
 responsible for child and/or adult protective services pursuant to title
 six  of article six of the social services law and/or title one of arti-
 cle nine-B of the social services law, and any medical  facility  estab-

 A. 4842                             3
 
 lished  under  the  laws  of the state that provides a forensic physical
 examination for victims of rape and sexual assault OR A  FORENSIC  EXAM-
 INATION  OF  DOMESTIC  VIOLENCE VICTIMS PURSUANT TO SECTION TWENTY-EIGHT
 HUNDRED FIVE-Z OF THE PUBLIC HEALTH LAW.
   §  3.  Section  631  of  the  executive law is amended by adding a new
 subdivision 19 to read as follows:
   19. 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 ALLEGED DOMESTIC  VIOLENCE  VICTIM,  INCLUDING
 BUT  NOT  LIMITED TO A FORENSIC EXAMINATION OF DOMESTIC VIOLENCE VICTIMS
 PURSUANT TO SECTION TWENTY-EIGHT HUNDRED FIVE-Z OF THE PUBLIC HEALTH LAW
 IN ACCORDANCE WITH THE DOMESTIC  VIOLENCE  OFFENSE  EVIDENCE  COLLECTION
 PROTOCOL  AND  STANDARDS  ESTABLISHED  BY THE DEPARTMENT OF HEALTH, SUCH
 HOSPITAL, SEXUAL ASSAULT  EXAMINER  PROGRAM,  OR  LICENSED  HEALTH  CARE
 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 DOMESTIC VIOLENCE FORENSIC EXAM  REIMBURSEMENT  FEE,  WHICH  MUST
 INCLUDE AT A MINIMUM FORENSIC EXAMINER SERVICES, HOSPITAL OR HEALTH CARE
 FACILITY SERVICES RELATED TO THE EXAM, AND RELATED LABORATORY TESTS. 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  VICTIM  FOR  SAID  SERVICES  IS
 PERMISSIBLE.  A  DOMESTIC  VIOLENCE  VICTIM  MAY  VOLUNTARILY ASSIGN ANY
 PRIVATE INSURANCE BENEFITS TO WHICH HE OR SHE IS ENTITLED FOR THE HEALTH
 CARE FORENSIC EXAMINATION, IN WHICH CASE THE  HOSPITAL  OR  HEALTH  CARE
 PROVIDER  MAY NOT CHARGE THE OFFICE; PROVIDED, HOWEVER, IN THE EVENT THE
 DOMESTIC VIOLENCE VICTIM ASSIGNS ANY PRIVATE HEALTH  INSURANCE  BENEFIT,
 SUCH  COVERAGE SHALL NOT BE SUBJECT TO ANNUAL DEDUCTIBLES OR COINSURANCE
 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 BENE-
 FITS TO WHICH THE  DOMESTIC  VIOLENCE  VICTIM  IS  ENTITLED  ON  A  FORM
 PRESCRIBED  BY  THE  OFFICE;  PROVIDED,  HOWEVER, SUCH DOMESTIC VIOLENCE
 VICTIM 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
 SUBSTANTIALLY INTERFERE WITH HIS OR HER PERSONAL PRIVACY OR  SAFETY  AND
 IN  SUCH EVENT, THE DOMESTIC VIOLENCE FORENSIC EXAM FEE SHALL BE PAID BY
 THE OFFICE. SUCH DOMESTIC VIOLENCE VICTIM SHALL  ALSO  BE  ADVISED  THAT
 PROVIDING  SUCH  INFORMATION MAY PROVIDE ADDITIONAL RESOURCES TO PAY FOR
 SERVICES TO OTHER 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.
   § 4. This act shall take effect immediately.