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.