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A04276 Summary:

BILL NOA04276
 
SAME ASNo Same As
 
SPONSORGunther
 
COSPNSRReyes
 
MLTSPNSR
 
Add §2805-ii, Pub Health L
 
Establishes the sexual assault forensic examination telemedicine pilot program to provide expert, comprehensive, compassionate care to patients and training to support providers in health care facilities that do not have a designated sexual assault forensic examination program.
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A04276 Actions:

BILL NOA04276
 
02/14/2023referred to health
01/03/2024referred to health
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A04276 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A4276
 
SPONSOR: Gunther
  TITLE OF BILL: An act to amend the public health law, in relation to establishing the sexual assault forensic examination telemedicine pilot program   PURPOSE: This bill directs the Department of Health to establish a Sexual Assault Forensic Examination (SAFE) Telemedicine Pilot Program to ensure that sexual assault survivors seeking care in emergency rooms have access to health care providers who have the support of specially trained sexual assault offense examiners through telemedicine.   SUMMARY OF PROVISIONS: Section one adds a new section of the Public Health Law to direct the Department of Health to establish a sexual assault forensic examination (SAFE) telemedicine pilot program. The pilot is designed to provide expert health care to victims of sexual assault who cannot access one of the state's emergency departments with a SAFE program through telemedi- cine. The program shall serve no less than 46 hospitals, including all critical access hospitals and other hospitals in rural and underserved areas. The Department shall conduct an evaluation of the program and report to the Governor and Legislature by December 1, 2020 on the effec- tiveness of the program and how to make the program self-sustaining. Section two provides that this act shall take effect immediately, provided the pilot program shall begin within 120 days of enactment and the evaluation.   JUSTIFICATION: New York State has a comprehensive program to treat sexual assault victims in hospital emergency rooms with staff specially trained in providing the necessary care, examinations, and collection of forensic evidence. Unfortunately, establishing and running specialized sexual assault forensic examination (SAFE) programs is very expensive because of the highly specialized level of staff training, the high turnover of staff, the need to have such staff available 24/7 and the fact that the average time to treat a sexual assault victim and collect evidence is about four hours. It is estimated that a hospital will spending approxi- mately $80,000 annually to establish and operate a SAFE program. Of the 170 hospitals in the state, only 42 currently have a SAFE program. Of these 42 SAFE programs, 27 are in or near New York City leaving 15 programs for the remainder of the state. Sexual assault victims who arrive at a hospital ER without a SAFE program may be trans- ported to a hospital with a SAFE program, which means extra costs and delayed care. More often, untrained health care providers do their best with limited resources to care for the patient and appropriately secure the forensic evidence. This means patients are not getting the best available care and nurses and other health care providers in emergency rooms are forced to carry out a treatment protocol they feel ill equipped to do. Worse, the forensic evidence and record that is collected and established is much more likely to be compromised, result- ing in perpetrators not being brought to justice and left to repeat their heinous offenses. The cost of having a SAFE program in each of the 128 facilities without a program is estimated to be about $10 million dollars. Given many small rural hospitals may not see a volume of sexual assault victims that warrants a full program, telemedicine provides a vehicle to get victims and health care providers access to the expertise of a SAFE program in real time. This legislation requires an evaluation and report on the effectiveness of the program and recommendations on how to make the program a self-sustaining one. A SAFE telemedicine pilot program will strive to accomplish three impor- tant goals. First, the pilot will ensure that sexual assault victims will receive treatment supported by to specially trained health care staff in real time no matter which hospital they present to. Second, emergency room staff in facilities without a SAFE program who are not currently trained will have the supports they need to effectively care for victims and accurately collect and document forensic evidence. Third, providing hospitals with SAFE supports means evidence will be more accurately collected, preserved and documented which will result in more DNA matches, leading to higher prosecution rates and better crimi- nal case outcomes and fewer repeat offenders as the perpetrators who commit these heinous offenses will be taken off of the street.   LEGISLATIVE HISTORY: 2021-22: A5281 referred to Health 2019-2020: A3060 referred to Health 2017-18: A10408 referred to Health / S6947A Cal. 798   FISCAL IMPLICATIONS: With a small upfront investment the SAFE program can save the state millions of dollars while simultaneously providing expert health care to sexual assault victims and getting perpetrators off the streets.   EFFECTIVE DATE:that such sexual assault This act shall take effect immediately; provided forensic examination telemedicine pilot program, act, shall be established by the commission- er of hundred twentieth day after it shall have become as added by section one of this health no later than the one a law.
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