S T A T E O F N E W Y O R K
________________________________________________________________________
7161
I N S E N A T E
January 10, 2020
___________
Introduced by Sen. HOYLMAN -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the public health law and the executive law, in relation
to HIV post-exposure prophylaxis and other health care services for
sexual assault victims; and to amend a chapter of the laws of 2019,
amending the public health law and the executive law relating to HIV
post-exposure prophylaxis and other health care services for sexual
assault victims, as proposed in legislative bills numbers S. 2279-A
and A. 1204-A in relation to the effectiveness thereof
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 section 1 of part HH of chapter 57 of the laws of 2018,
paragraph (c) as amended by a chapter of the laws of 2019, amending the
public health law and the executive law relating to HIV post-exposure
prophylaxis and other health care services for sexual assault victims,
as proposed in legislative bills numbers S. 2279-A and A. 1204-A, 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) INFORMING SEXUAL OFFENSE VICTIMS OF THE AVAILABILITY OF RAPE
CRISIS AND LOCAL VICTIM ASSISTANCE ORGANIZATIONS, IF ANY, IN THE
GEOGRAPHIC AREA SERVED BY THE HOSPITAL, AND contacting a rape crisis or
LOCAL victim assistance organization[, if any, providing victim assist-
ance 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 [full regimen] SEVEN DAY STARTER PACK of HIV
post-exposure prophylaxis FOR A PERSON EIGHTEEN YEARS OF AGE OR OLDER,
OR THE FULL REGIMEN OF HIV POST-EXPOSURE PROPHYLAXIS FOR A PERSON LESS
THAN EIGHTEEN YEARS OF AGE, in cases where it has been determined, in
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04742-08-0
S. 7161 2
accordance with guidelines issued by the commissioner, that a signif-
icant exposure to HIV has occurred, AND INFORMING THE VICTIM THAT
PAYMENT ASSISTANCE FOR SUCH THERAPIES AND OTHER CRIME RELATED EXPENSES
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 emergency room depart-
ment shall provide or arrange for an appointment for medical follow-up
related to HIV post-exposure prophylaxis and other care as appropriate[,
and inform the victim that payment assistance for such care may be
available from the office of victim services pursuant to the provisions
of article twenty-two of the executive law]; 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 1 of section 201 of the public health law is amended
by adding a new paragraph (x) to read as follows:
(X) PRODUCE AN ANNUAL REPORT ANALYZING THE COSTS RELATED TO THE SEXUAL
ASSAULT EXAMINATION DIRECT REIMBURSEMENT PROGRAM AS CREATED UNDER SUBDI-
VISION THIRTEEN OF SECTION SIX HUNDRED THIRTY-ONE OF THE EXECUTIVE LAW
AND PROVIDE SUCH REPORT TO THE OFFICE OF VICTIM SERVICES ON OR BEFORE
SEPTEMBER FIRST OF EACH YEAR. SUCH REPORT SHALL BE PROVIDED TO THE
GOVERNOR, TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE
ASSEMBLY.
§ 3. Subdivision 13 of section 631 of the executive law, as amended by
a chapter of the laws of 2019, amending the public health law and the
executive law relating to HIV post-exposure prophylaxis and other health
care services for sexual assault victims, as proposed in legislative
bills numbers S. 2279-A and A. 1204-A, is amended to read as follows:
13. (A) Notwithstanding any other provision of law, rule, or regu-
lation 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, hospital or healthcare facility services related to the exam,
and ANY NECESSARY related laboratory tests [and necessary] OR pharmaceu-
ticals; including but not limited 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] FOR A
PERSON EIGHTEEN YEARS OF AGE OR OLDER, FOLLOW-UP HIV post-exposure
prophylaxis costs shall CONTINUE TO be [billed by the health care
provider to the office directly and] reimbursed [by the] ACCORDING TO
ESTABLISHED office [directly] PROCEDURE. The office, in consultation
with the department of health, shall also generate the necessary regu-
lations and forms for the direct reimbursement procedure.
S. 7161 3
(B) The rate for reimbursement shall be the amount of itemized
charges, TO BE REIMBURSED AT THE MEDICAID RATE AND WHICH SHALL CUMULA-
TIVELY not [exceeding] EXCEED (1) eight hundred dollars[, provided,
however, the office shall, in consultation] FOR AN EXAM OF A SEXUAL
ASSAULT SURVIVOR WHERE NO SEXUAL OFFENSE EVIDENCE COLLECTION KIT IS
USED; (2) ONE THOUSAND TWO HUNDRED DOLLARS FOR AN EXAM OF A SEXUAL
ASSAULT SURVIVOR WHERE A SEXUAL OFFENSE EVIDENCE COLLECTION KIT IS USED;
(3) ONE THOUSAND FIVE HUNDRED DOLLARS FOR AN EXAM OF A SEXUAL ASSAULT
SURVIVOR WHO IS EIGHTEEN YEARS OF AGE OR OLDER, WITH OR WITHOUT THE USE
OF A SEXUAL OFFENSE EVIDENCE COLLECTION KIT, AND WITH THE PROVISION OF A
NECESSARY HIV POST-EXPOSURE PROPHYLAXIS SEVEN DAY STARTER PACK; AND (4)
TWO THOUSAND FIVE HUNDRED DOLLARS FOR AN EXAM OF A SEXUAL ASSAULT SURVI-
VOR WHO IS LESS THAN EIGHTEEN YEARS OF AGE, WITH OR WITHOUT THE USE OF A
SEXUAL OFFENSE EVIDENCE COLLECTION KIT, AND WITH THE PROVISION OF THE
FULL REGIMEN OF NECESSARY HIV POST-EXPOSURE PROPHYLAXIS [with the
department of health, annually review and determine if a higher rate for
reimbursement for itemized charges exceeding eight hundred dollars is
feasible and appropriate based on the actual cost of reimbursable
expenses, and adjust such rate for reimbursement accordingly]. 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. SUCH SEXUAL ASSAULT SURVIVOR SHALL ALSO
BE ADVISED THAT THE DIRECT REIMBURSEMENT PROGRAM ESTABLISHED BY THIS
SUBDIVISION DOES NOT AUTOMATICALLY MAKE THEM ELIGIBLE FOR ANY OTHER
COMPENSATION BENEFITS AVAILABLE FROM THE OFFICE INCLUDING, BUT NOT
LIMITED TO, REIMBURSEMENT FOR MENTAL HEALTH COUNSELING EXPENSES, RELO-
CATION EXPENSES, AND LOSS OF EARNINGS, AND THAT SUCH COMPENSATION BENE-
FITS MAY ONLY BE MADE AVAILABLE TO THEM SHOULD THE SEXUAL ASSAULT SURVI-
VOR OR OTHER PERSON ELIGIBLE TO FILE PURSUANT TO SECTION SIX HUNDRED
TWENTY-FOUR OF THIS ARTICLE, FILE A COMPENSATION APPLICATION WITH THE
OFFICE. If he or she declines to provide such health insurance informa-
tion, 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. Section 3 of a chapter of the laws of 2019, amending the public
health law and the executive law relating to HIV post-exposure prophy-
S. 7161 4
laxis and other health care services for sexual assault victims, as
proposed in legislative bills numbers S. 2279-A and A. 1204-A, is
amended to read as follows:
§ 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law AND APPLY TO ALL CLAIMS FILED ON OR AFTER
SUCH DATE; provided that effective immediately, the commissioner of
health and the director of the office of victim services shall make
regulations and take other action necessary to implement this act on
such date.
§ 5. This act shall take effect immediately, provided, however, that
sections one, two and three of this act take effect on the same date and
in the same manner as a chapter of the laws of 2019, amending the public
health law and the executive law relating to HIV post-exposure prophy-
laxis and other health care services for sexual assault victims, as
proposed in legislative bills numbers S. 2279-A and A. 1204-A, takes
effect.
