S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7501
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             November 3, 2021
                                ___________
 
 Introduced  by  Sen. HINCHEY -- 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 financial  respon-
   sibility for human postexposure treatment for rabies
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivisions 3 and 6 of section 2145 of the  public  health
 law,  as added by chapter 180 of the laws of 2002, are amended and a new
 subdivision 5-a is added to read as follows:
   3. Human postexposure treatment specifically authorized by the  county
 health authority shall be rendered by the provider or providers selected
 by the county health authority, located within the county or the vicini-
 ty  thereof, and [approved] SHALL BE CONSIDERED SUFFICIENT AUTHORIZATION
 FOR PRE-APPROVAL by the person's health  insurance  carrier  or  managed
 care  plan  if  pre-approval  is required, AND SHALL BE APPROVED, by the
 health insurance carrier or managed care plan, provided that:
   (a) any person may, at his or her option, be treated at his or her own
 expense by the health  care  provider  of  his  or  her  choice  WITHOUT
 APPROVAL BY THE COUNTY HEALTH AUTHORITY,
   (b)  the  county health authority may, at its option, assume financial
 responsibility for necessary  treatment  rendered  by  other  providers;
 PROVIDED,  HOWEVER,  THAT THE COUNTY HEALTH AUTHORITY SHALL NOT BE OBLI-
 GATED  TO  ASSUME  FINANCIAL  RESPONSIBILITY  IF  NOTIFIED   AFTER   THE
 COMPLETION  OF  TREATMENT.  IF EVIDENCE OF APPROVAL OF THE COUNTY HEALTH
 AUTHORITY HAS NOT BEEN  PROVIDED,  HEALTH  CARE  PROVIDERS  MUST  REPORT
 INITIATION  OF  RABIES POSTEXPOSURE PROPHYLAXIS WITHIN TWENTY-FOUR HOURS
 OF THE FIRST TREATMENT,
   (c) the county shall authorize initial treatment from  a  provider  or
 providers  geographically  accessible  to  the  location  of the exposed
 person at the time that treatment is determined to be necessary, and
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11015-03-1
 S. 7501                             2
              

 
   (d) the county shall authorize post-initial treatment from a  provider
 or providers geographically accessible to the exposed person's residence
 if  the  person  returns  to  his  or her residence during the course of
 treatment.
   5-A.  HEALTH CARE PROVIDERS SHALL ACCEPT PAYMENTS BY THE COUNTY HEALTH
 AUTHORITY FOR HUMAN POSTEXPOSURE TREATMENT AT A RATE SET BY THE  COMMIS-
 SIONER; PROVIDED THAT SUCH REIMBURSEMENT SHALL BE NO LESS THAN THE MEDI-
 CAID RATE.
   6.  Under  the terms of this title, the county health authority is not
 responsible for:
   (a) services and expenses of human postexposure  treatment  that  were
 not  specifically  authorized by the county health authority, except for
 completion of treatment for  their  residents  exposed  and  started  on
 rabies  treatment  in  New  York  city  or elsewhere outside of New York
 state. TREATMENT STARTED IN NEW YORK CITY SHALL BE CONFIRMED  AS  NECES-
 SARY  TREATMENT  BY  THE  NEW  YORK CITY DEPARTMENT OF HEALTH AND MENTAL
 HYGIENE, OR THE DEPARTMENT,
   (b) services and  expenses  of  medical  treatment  unrelated  to  the
 prevention  of  rabies  infection such as wound suturing and measures to
 control bacterial infection of bite wounds, and
   (c) expenses of preexposure rabies vaccination.
   § 2. This act shall take effect immediately.