S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5319
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 7, 2023
                                ___________
 
 Introduced  by M. of A. JONES -- read once and referred to the Committee
   on Health
 
 AN ACT to amend the social services law, in  relation  to  enacting  the
   "Jamie Rose care provider act"
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. This act shall be known and may be cited as the "Jamie Rose
 care provider act".
   § 2. The social services law is amended by adding a new section  459-i
 to read as follows:
   §  459-I. SUSPECTED DOMESTIC ABUSE; HEALTH CARE FACILITIES. 1. FOR THE
 PURPOSES OF THIS SECTION:
   (A) "HEALTH CARE FACILITY" OR "FACILITY" MEANS A  HOME  CARE  SERVICES
 AGENCY  AS  DEFINED  IN  ARTICLE  THIRTY-SIX OF THE PUBLIC HEALTH LAW, A
 HOSPICE AS DEFINED IN ARTICLE FORTY OF THE PUBLIC HEALTH LAW,  A  HEALTH
 MAINTENANCE  ORGANIZATION AS DEFINED IN ARTICLE FORTY-FOUR OF THE PUBLIC
 HEALTH LAW, A SHARED HEALTH FACILITY AS DEFINED IN  ARTICLE  FORTY-SEVEN
 OF  THE  PUBLIC HEALTH LAW, AND ANY FACILITY WHERE A HEALTH CARE PRACTI-
 TIONER OPERATES AS A HEALTH CARE PRACTITIONER. "HEALTH CARE FACILITY" OR
 "FACILITY" SHALL NOT INCLUDE A HOSPITAL AS DEFINED  IN  ARTICLE  TWENTY-
 EIGHT OF THE PUBLIC HEALTH LAW.
   (B)  "HEALTH  CARE  PRACTITIONER"  OR  "PRACTITIONER"  MEANS  A PERSON
 LICENSED UNDER ARTICLE ONE HUNDRED THIRTY-ONE, ONE HUNDRED THIRTY-ONE-B,
 ONE HUNDRED THIRTY-TWO, ONE HUNDRED THIRTY-THREE,  ONE  HUNDRED  THIRTY-
 SIX,  ONE HUNDRED THIRTY-NINE, ONE HUNDRED FORTY-ONE, ONE HUNDRED FORTY-
 THREE, ONE HUNDRED FORTY-FOUR,  ONE  HUNDRED  FIFTY-THREE,  ONE  HUNDRED
 FIFTY-FOUR,  ONE  HUNDRED  FIFTY-SIX  OR  ONE  HUNDRED FIFTY-NINE OF THE
 EDUCATION LAW OR A PERSON CERTIFIED  UNDER  FORMER  SECTION  TWENTY-FIVE
 HUNDRED SIXTY OF THE PUBLIC HEALTH LAW.
   2. EVERY HEALTH CARE FACILITY SHALL: (A) DEVELOP, MAINTAIN AND DISSEM-
 INATE  WRITTEN  POLICIES  AND PROCEDURES FOR THE IDENTIFICATION, ASSESS-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05494-02-3
              

 A. 5319                             2
 
 MENT, TREATMENT AND REFERRAL OF CONFIRMED OR SUSPECTED CASES OF DOMESTIC
 VIOLENCE; (B) ESTABLISH, AND IMPLEMENT ON AN ONGOING BASIS,  A  TRAINING
 PROGRAM FOR ALL NURSING, MEDICAL, SOCIAL WORK AND OTHER CLINICAL PERSON-
 NEL, AND SECURITY PERSONNEL REGARDING THE POLICIES AND PROCEDURES ESTAB-
 LISHED  PURSUANT  TO  THIS  SECTION; AND (C) DESIGNATE A STAFF MEMBER TO
 CONTACT THE DOMESTIC VIOLENCE OR VICTIM ASSISTANCE ORGANIZATION  IDENTI-
 FIED  BY  THE  COMMISSIONER  OF  HEALTH  UNDER  SUBDIVISION FOUR OF THIS
 SECTION PROVIDING VICTIM ASSISTANCE TO THE  GEOGRAPHIC  AREA  SERVED  BY
 SUCH  HEALTH  CARE FACILITY TO ESTABLISH THE COORDINATION OF SERVICES TO
 DOMESTIC VIOLENCE VICTIMS.
   3. UPON INTAKE OF A CONFIRMED OR SUSPECTED DOMESTIC  VIOLENCE  VICTIM,
 SUCH HEALTH CARE FACILITY SHALL ADVISE THE VICTIM OF THE AVAILABILITY OF
 THE  SERVICES  OF A DOMESTIC VIOLENCE OR VICTIM ASSISTANCE ORGANIZATION.
 IF AFTER RECEIVING SUCH ADVICE THE DOMESTIC VIOLENCE VICTIM  WISHES  THE
 PRESENCE  OF  A  DOMESTIC  VIOLENCE  OR VICTIM ASSISTANCE ADVOCATE, SUCH
 HEALTH CARE FACILITY SHALL  CONTACT  THE  APPROPRIATE  ORGANIZATION  AND
 REQUEST THAT ONE BE PROVIDED.
   4.  THE  COMMISSIONER  OF HEALTH SHALL PROMULGATE SUCH RULES AND REGU-
 LATIONS AS MAY BE NECESSARY AND PROPER  TO  CARRY  OUT  EFFECTIVELY  THE
 PROVISIONS  OF  THIS SECTION. PRIOR TO PROMULGATING SUCH RULES AND REGU-
 LATIONS, THE COMMISSIONER OF HEALTH SHALL CONSULT WITH  THE  OFFICE  FOR
 THE  PREVENTION  OF  DOMESTIC  VIOLENCE  AND  OTHER  SUCH PERSONS AS THE
 COMMISSIONER OF HEALTH DEEMS NECESSARY TO DEVELOP  A  MODEL  POLICY  FOR
 HEALTH  CARE FACILITIES TO UTILIZE IN COMPLYING WITH THIS SECTION AND TO
 IDENTIFY THE DOMESTIC VIOLENCE OR VICTIM ASSISTANCE ORGANIZATIONS  OPER-
 ATING  IN  EACH  HEALTH CARE FACILITY'S GEOGRAPHIC AREA, A LIST OF WHICH
 THE COMMISSIONER OF HEALTH SHALL PROVIDE TO HEALTH CARE FACILITIES  WITH
 THE MODEL POLICY.
   §  3. This act shall take effect one year after it shall have become a
 law. Effective immediately, the addition, amendment and/or repeal of any
 rule or regulation necessary for the implementation of this act  on  its
 effective date are authorized to be made and completed on or before such
 effective date.