Relates to financial assistance from the crime victims board for post-exposure prophylaxis treatment for victims of sexual assault

1 Co-sponsor

• Ruth Hassell-Thompson

BILL NUMBER:S2680B

Title of bill

An act to amend the public health law and the executive law, in relation to financial assistance from the crime victims board for post-exposure prophylaxis treatment for victims of sexual assault

Purpose

To amend the public health law to enable survivors of sexual assault who have undergone a forensic rape exam to receive the full course of HIV post exposure prophylaxis (PEP) treatment regardless of ability to pay.

Summary of provisions

This legislation provides for a simplification of payment procedures for survivors of sexual assault who are found by medical examiners conducting the Forensic Rape Exam (FRE) to be at risk for HIV/AIDS and therefore in need of PEP as follows: At the time of exam, survivors deemed at risk will be given a 9-day starter pack of the PEP. The emergency department where the exam is conducted will bill and be reimbursed by the Crime Victims Board as they are currently. The CVB will be billed for the remaining 21 days of treatment by the appropriate clinic or in rural areas, as defined by statute, the county health department.

Justification

It is imperative to provide treatment to all survivors designated by Forensic Rape Examiners as at risk for HIV-AIDs. The costs of treating this HIV-AIDs fall upon the state nearly 90 percent of all cases, resulting in a dollar amount, per case, that exceeds preventive treatment by hundreds of thousands of dollars. Removing the obstacles that stand between sexual assault survivors and PEP treatment will decrease those individuals' chances of becoming infected with HIV-AIDs. The recommended time to begin treatment is within 36 hours of exposure.

Currently some survivors who have been deemed at risk for HIV AIDs do not complete PEP treatment for a number of reasons including inability to cover the cost of medication while awaiting reimbursement from the CVB; inability to fill out requisite paperwork within three days as a result of paralyzing trauma caused by the assault; inadequate time between current 3-day starter pack and appointment with follow-up provider, to name the most often cited.

By streamlining the process and increasing outreach to assault survivors who have undergone a forensic exam, this law would make PEP treatment more accessible. This facilitation of long-term, preventive care could save the State millions of dollars in treatment costs by stemming potential HIV/AIDS cases.

Legislative history

2008: S.7306/ Passed Senate, Delivered to Governor, Veto Memo 96, Tabled

Fiscal implications

Under the current system, the CVB covers costs of PEP treatment in most cases. The funding comes from restitution funds and federal grant dollars. This funding does not come from the state budget. However it is the state that ends up paying for over 85 percent of the treatment to those who become HIV positive, as that is the percentage that qualifies for medical care that is state subsidized.

The total cost for PEP under the FRE provision for the most recent available year was $180,000. The FRE universe is less than 4,000 persons per year. A very small percentage of those survivors begin treatment. There is no reason to anticipate a huge jump in those opting for the PEP treatment.

Effective date

This act shall take effect on the one hundred eightieth day after it shall become law.