Enacts the "child abuse medical services act" to ensure that actual and suspected cases of child abuse are handled by properly qualified medical and allied personnel

Summary of specific provisions

Section 1 titles this act the "child abuse medical services act."

Section 2 sets out the legislative intent.

Section 3 adds a new section to the public health law to provide a child who has been or may have been sexually abused direct access to a specially trained, child abuse medical provider.

Section 4 amends the public health law to give a child direct access to a child abuse medical provider.

Sections 5 through 9 amend the insurance law to conform with the new section added to the public health law and assure direct access to child abuse medical providers.

Sections 10 through 12 amend the social services law to conform with the new section added to the public health law and assure direct access to child abuse medical providers.

Section 13 establishes reimbursement under public medical assistance programs for services of child abuse medical providers at child advocacy centers.

Section 14 is the effective date.

Justification

Children ages zero through 17 account for 70% of nation- wide reported sexual assault victims. As many as one in five girls and one in seven boys are sexually abused by age 18. Most of these children know and trust the person who commits the abuse. These children need help: they need immediate and direct access to specially trained medical providers who together with mental health, legal education and other professional services provide a comprehensive, culturally competent, multidisciplinary response to child abuse in a dedicated, child-friendly setting.

Child abuse medical providers at child advocacy centers provide the medical help that abused children need.

A child who has been sexually abused needs immediate medical attention and treatment. It is critical, therefore, that a child or adolescent victimized by sexual assault, misconduct or exploitation has direct

access to a medical provider who is specially trained to evaluate, diag- nose and treat children and adolescents who have been sexually abused. This bill assures children, their families and the public that a child who has been or may have been sexually abused has direct access to a specially trained, child abuse medical provider at a child advocacy center.

An abused child needs access to medical services that are tailored to the needs of the child or adolescent. Child abuse medical providers at child abuse advocacy centers, accredited by the National Children's Alliance and recognized by the New York state office of children and family services, give children sensitive, expert care in a neutral, child-friendly facility dedicated to children and adolescents who have been abused or maltreated. These child abuse medical providers are members of a multi-disciplinary team which coordinate health and mental health services and manage therapeutic as well as legal interventions which are consistent with the best interests of the child. Here, at the child advocacy centers, children can find timely, complete, responsive medical help, therapy and support.

This bill recognizes that the medical evaluation, diagnosis and treat- ment of a sexually abused child requires additional time and involves additional cost. The bill therefore seeks to assure adequate reimburse- ment for medical services to sexually abused children. This bill does not license medical professionals nor does it affect their liceasure under current law. This bill does not affect the scope of practice for medical professionals. The bill gives abused children direct access to medical providers who are specially trained to respond to child sexual abuse.

Prior legislative history

A.11586 of 2003-2004: Referred to Rules A.8428 of 2005-2006: Referred to Children and Families A.3011 of 2007- 08: reported to Ways and Means

Fiscal implications

To be determined.

Effective date

This act shall be effective 120 days after it becomes law provided that the departments of health, insurance and family assistance enact implementing regulations.