NY State Senate Bill 2023-S4359

Senate Bill S4359

2023-2024 Legislative Session

Relates to the treatment of domestic violence victims and documentation of injury and evidence

download bill text pdf

Current Bill Status - In Senate Committee Health 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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to health
Feb 07, 2023	referred to health

2023-S4359 (ACTIVE) - Details

Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §2805-z, Pub Health L; amd §631, Exec L
Versions Introduced in 2021-2022 Legislative Session:: S525

2023-S4359 (ACTIVE) - Summary

Relates to the treatment of domestic violence victims and documentation of injury and evidence; provides the type of evidence to be collected and maintained; provides that the office of victim services shall cover the costs of the domestic violence forensic exam; makes related provisions.

2023-S4359 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S4359

SPONSOR: FERNANDEZ
 
TITLE OF BILL:

An act to amend the public health law and the executive law, in relation
to the treatment of domestic violence victims and documentation of inju-
ry and evidence

 
PURPOSE OR GENERAL IDEA OF BILL:

To create uniform forensic examination procedures for victims of domes-
tic violence and to ensure that they receive reimbursement for forensic
examinations.

 
SUMMARY OF PROVISIONS:

Section 1 adds a new section to the public health law regarding require-
ments for hospitals providing treatment to alleged victims of domestic
violence. Upon request of a patient, hospitals would be required to
provide documentation of domestic violence evidence, contact a domestic
violence assistance organization or shelter and ensure that victims are

not billed for domestic violence forensic examinations. Also provides
for the protocol for collecting and maintaining domestic violence
evidence.

Section 2 expands the definition of "criminal justice agency" in section
631 of the executive law to include a medical facility that provides a
forensic examination for domestic violence victims along with those that
provide forensic physical examinations for victims of rape and sexual
assault.

Section 3 requires New York State accredited hospitals, accredited sexu-
al assault examiner programs and licensed health care providers to
provide forensic examinations of domestic violence victims without
charge to such persons and to bill the Office of Victim Services direct-
ly. Directs the Office of Victim Services, in consultation with the
Department of Health, to establish procedures for direct reimbursement,
and also provides that a domestic violence victim may voluntarily assign
private insurance benefits to which he or she is entitled for the health
care forensic examination, not subject to annual deductibles, coinsu-
rance or balance billing by the hospital, sexual assault examiner
program or licensed health care provider.  Provides for procedure for
hospitals, sexual assault examiner programs or licensed health care
providers to request assignment of any private health insurance benefits
to which the domestic violence victim is entitled, provided that such
victims are advised that he or she may decline to provide such informa-
tion regarding private health insurance benefits if he or she believes
such information may insubstantially interfere with his or her privacy
or safety, in such event. In such event, the forensic exam fee shall be
covered by the Office of Victim Services.

Section 4 set forth the effective date.

 
JUSTIFICATION:

According to the Department of Health, there were more than 5,000 hospi-
tal discharges and emergency department visits that were identified as
domestic violence related-events between October 1, 2015 and September
30, 2016. Furthermore, in 2016, the most recent year for which the
Office for the Prevention of Domestic Violence offers data, the number
of intimate partner homicides in the state increased 22% from the year
before. Domestic violence is rarely limited to a single act, as there is
generally a pattern of abuse, which unfortunately can escalate over
time. It is critical that victims of domestic violence have access to
appropriate care and services given the gravity of these crimes so that
they may get the help they need.

The Office of Victim Services was established to provide financial
assistance to victims of criminal acts. The state currently offers
reimbursement for forensic exams for victims of sexual assault, which is
critical for ensuring the medical needs of victims are met, as well as
collecting forensic evidence of any crimes. Currently, hospitals and
health care providers administer a uniform sexual assault forensic exam-
ination, or rape kit, to collect such evidence.  Unfortunately, there is
not a similar process for the collection of evidence in domestic
violence cases that do not involve a sexual assault. As such, the
collection of evidence including, but not limited to, photographs of
injuries, hair or blood samples, or the collection of clothing evidence
may not fall under reimbursable expenses for the purposes of the Office
of Victim Services.

This legislation would create such a system, complementary to that for
victims of sexual assault, to eliminate some of the barriers that can
prevent domestic violence victims from coming forward to report these
serious crimes and to establish a systematic process for collecting
evidence for victims.

 
PRIOR LEGISLATIVE HISTORY:

2021-2022: S525

2019-2020: S1351 / A4842

2019: S8867

 
FISCAL IMPLICATIONS:

TBD

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S4359 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4359
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 7, 2023
                                ___________
 
 Introduced by Sen. FERNANDEZ -- read twice and ordered printed, and when
   printed to be committed to the Committee on Health
 
 AN ACT to amend the public health law and the executive law, in relation
   to  the  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.  Section  2805-z  of  the public health law, as amended by
 chapter 37 of the laws of 2020, is amended to read as follows:
   § 2805-z. Hospital domestic violence policies and procedures. 1. Every
 general hospital shall: (a) develop, maintain  and  disseminate  written
 policies  and  procedures  for the identification, assessment, 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 personnel, and security
 personnel  working  in hospital service units regarding the policies and
 procedures established pursuant to this section;  and  (c)  designate  a
 staff  member  to  contact  the  domestic  violence or victim assistance
 organization identified by the commissioner  under  subdivision  [three]
 SEVEN of this section providing victim assistance to the geographic area
 served  by  such  hospital  to establish the coordination of services to
 domestic violence victims.
   2. Upon admittance or commencement of  treatment  of  a  confirmed  or
 suspected  domestic  violence  victim,  such  hospital  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 hospital shall contact the appropriate
 organization and request that one be provided.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08687-01-3
 S. 4359                             2

   3. UPON THE REQUEST AND CONSENT OF THE PATIENT, EVERY HOSPITAL PROVID-
 ING TREATMENT TO ALLEGED VICTIMS OF DOMESTIC VIOLENCE SHALL BE RESPONSI-
 BLE 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 FOUR 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.
   4.  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;
 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.
   5. 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.
   6. 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.
   [3] 7. The commissioner shall promulgate such rules and regulations as
 may  be  necessary and proper to carry out effectively the provisions of
 this section. Prior to promulgating  such  rules  and  regulations,  the
 commissioner  shall consult with the office for the prevention of domes-
 tic violence and other such persons as the commissioner deems  necessary
 to  develop  a  model  policy for hospitals to utilize in complying with
 this section and to identify the domestic violence or victim  assistance
 S. 4359                             3
 
 organizations  operating  in  each hospital's geographic area, a list of
 which the commissioner shall provide to hospitals with the model policy.
   §  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-
 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
 S. 4359                             4
 
 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.

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