S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4539
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 6, 2025
                                ___________
 
 Introduced by Sens. STEC, TEDISCO -- read twice and ordered printed, and
   when printed to be committed to the Committee on Health
 
 AN  ACT  to amend the public health law, in relation to creating a pilot
   program for Lyme and tick-borne disease testing in children
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 206-b of the public health law, as added by chapter
 260 of the laws of 1988, is amended to read as follows:
   §  206-b.  LYME  AND  TICK-BORNE DISEASE. 1. Special requirements with
 respect to Lyme disease diagnosis.  [1.] A. Within thirty days after the
 effective date of this section,  the  commissioner  shall,  in  writing,
 order  every  physician  practicing  in  Suffolk, Westchester and Nassau
 counties to review the medical records of  any  patient  such  physician
 treated  during  the  period  commencing January first, nineteen hundred
 seventy-five and ending on the date of such order wherein such physician
 made a diagnosis of juvenile rheumatoid  arthritis  and  to  review  the
 circumstances  of  such diagnosis to reconsider whether such patient has
 suffered, or is  suffering,  from  the  complex,  multi-system  disorder
 caused by the bacterium Borrelia burgdorferi, which disease is transmit-
 ted  by  the  Ixodes  dammini  tick and is commonly referred to as "Lyme
 disease". In any case where a hospital or other health care  institution
 or  provider has custody or control of the medical records for a patient
 so diagnosed, upon request such physician shall be  entitled  to  review
 such  medical  records  for purposes of complying with such order or the
 commissioner may order any such hospital or other health  care  institu-
 tion  or  provider  wherever  situated  within  the state to review such
 records to reconsider a diagnosis of Lyme disease.
   [2.] B. The commissioner, upon a showing that there  is  a  reasonable
 basis  to  believe  that  the  order  provided  for  herein has not been
 complied with, shall be entitled to apply to a justice  of  the  supreme
 court  for  an  order  requiring  any  such  physician to submit for the
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08948-01-5
              

 S. 4539                             2
 
 commissioner's consideration such records,  charts  or  other  pertinent
 data  which  will  enable  [him]  SUCH COMMISSIONER to determine whether
 there has been full compliance with such order.
   [3.]  C.  In  any case where a review of such records indicates that a
 patient may have been, or is, suffering from Lyme disease,  such  physi-
 cian  shall, consistent with customary and acceptable medical standards,
 take such action [he] SUCH PHYSICIAN  deems  necessary  to  inform  such
 patient or in the case of a minor, [his or her] SUCH PATIENT'S parent or
 guardian  of  [his] SUCH PHYSICIAN'S findings, conduct additional tests,
 administer other necessary treatments or refer such patient  to  another
 physician for further diagnosis and/or treatment.
   2.  PILOT PROGRAM FOR LYME AND TICK-BORNE DISEASE TESTING IN CHILDREN.
 A. SUBJECT TO APPROPRIATION, THE COMMISSIONER IS  HEREBY  AUTHORIZED  TO
 ESTABLISH  A  PILOT  PROGRAM TO TEST FOR LYME AND TICK-BORNE DISEASES IN
 CHILDREN WITH QUALIFYING DIAGNOSES WHO PRESENT  WITH  SIMILAR  SYMPTOMS.
 SUCH  PROGRAM, SUBJECT TO THE RULES AND REGULATIONS OF THE COMMISSIONER,
 SHALL PROVIDE FOR A TEST TO RULE OUT LYME  AND  TICK-BORNE  DISEASES  IN
 CHILDREN WITH A QUALIFYING DIAGNOSIS BY AN APPROVED NEW YORK STATE QUAL-
 IFIED  MEDICAL  RESEARCH  INSTITUTION OR LABORATORY, AT THE REQUEST OF A
 PATIENT, MEDICAL PROVIDER, PRACTITIONER, HOSPITAL, OR HEALTH CARE FACIL-
 ITY. THE QUALIFIED MEDICAL RESEARCH INSTITUTION OR LABORATORY  SHALL  BE
 RESPONSIBLE  FOR  CONDUCTING  SEROLOGY  TESTING, OR OTHER LYME AND TICK-
 BORNE DISEASE TESTS APPROVED BY THE COMMISSIONER, TO DETERMINE THE ESTI-
 MATED RATE OF MISDIAGNOSIS AND CO-INFECTIONS IN  CHILDREN  AND  FOR  THE
 DEVELOPMENT OF CONTINUING GRADUATE MEDICAL EDUCATION CURRICULUM ADDRESS-
 ING  THE  SYMPTOMS  AND  DIAGNOSTIC  TOOLS THAT CAN ASSIST IN ACCURATELY
 IDENTIFYING AND TESTING FOR LYME AND TICK-BORNE  DISEASES  IN  CHILDREN.
 THE  QUALIFIED  MEDICAL RESEARCH INSTITUTION OR LABORATORY MAY WORK WITH
 NOT-FOR-PROFITS, PROFESSIONAL ASSOCIATIONS, OR ACADEMIC INSTITUTIONS  TO
 DEVELOP THE CONTINUING GRADUATE MEDICAL EDUCATION CURRICULUM.
   B.  FOR  PURPOSES  OF THIS SUBDIVISION, THE FOLLOWING TERMS SHALL HAVE
 THE FOLLOWING MEANINGS:
   (I) "QUALIFIED MEDICAL RESEARCH INSTITUTION OR LABORATORY" MAY INCLUDE
 ACADEMIC MEDICAL INSTITUTIONS, AGENCIES,  PUBLIC  OR  PRIVATE  ORGANIZA-
 TIONS,  PUBLIC OR PRIVATE LABORATORIES OR ANY OTHER INSTITUTION OR LABO-
 RATORY APPROVED BY THE DEPARTMENT THAT IS CONDUCTING LYME AND TICK-BORNE
 DISEASE RESEARCH, INCLUDING BUT NOT LIMITED TO, TESTING FOR THE PRESENCE
 OF SUCH INFECTIONS;
   (II) "QUALIFYING DIAGNOSES" SHALL MEAN JUVENILE  RHEUMATOID  ARTHRITIS
 OR  ANY  OTHER COMMON MEDICAL DIAGNOSIS THAT PRESENTS WITH SIMILAR SYMP-
 TOMS TO LYME AND TICK-BORNE DISEASE  INFECTIONS  THAT  THE  COMMISSIONER
 DEEMS RELEVANT; AND
   (III)  "CHILDREN" SHALL MEAN ALL INDIVIDUALS UNDER THE AGE OF EIGHTEEN
 WHO HAVE A QUALIFYING DIAGNOSIS.
   C. THE COMMISSIONER  SHALL  REQUIRE  THE  QUALIFIED  MEDICAL  RESEARCH
 INSTITUTION  OR  LABORATORY  UNDER THE PILOT PROGRAM TO SUBMIT AN ANNUAL
 REPORT, WHICH SHALL INCLUDE DATA ANALYZING  THE  COST,  EFFICIENCY,  AND
 ACCURACY  OF  TESTS  PROVIDED  UNDER SUCH PROGRAM. THE REPORT SHALL ALSO
 INCLUDE ESTIMATED RATES OF MISDIAGNOSIS OR  CO-INFECTIONS  OF  LYME  AND
 TICK-BORNE  DISEASES OF CHILDREN WITH QUALIFYING DIAGNOSES. ON OR BEFORE
 DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-SIX, AND ANNUALLY THEREAFTER,
 THE COMMISSIONER SHALL SUBMIT SUCH REPORT TO THE GOVERNOR, THE TEMPORARY
 PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY.
   D. PARTICIPATION IN THE PILOT PROGRAM SHALL BE VOLUNTARY  AND  SUBJECT
 TO  PARTICIPATION  GUIDELINES  ESTABLISHED BY THE DEPARTMENT. NOTHING IN
 THIS SUBDIVISION SHALL ESTABLISH LIABILITY FOR ANY  REASONABLE  ACTS  OR
 S. 4539                             3
 
 OMISSIONS ON THE PART OF A HOSPITAL, HEALTH CARE INSTITUTION, OR PROVID-
 ER PARTICIPATING IN THE PROGRAM.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.