Establishes a domestic violence forensic examiner program

Summary of specific provisions

The public health law is amended by adding a new article 27-M. Article 27-M establishes section 3799-t regarding the treatment of survivors of domestic violence and maintenance of evidence and the establishment of a domestic violence forensic examiner program. Section 1-4 requires the commissioner promulgate rules and regulations for establishing a statewide program through which an RN or physician shall provide appropriate medical services to survivors, as well as provide a report on or before November 13, 2016 evaluating the program.

Section 2 amends section 631 of the executive law by adding a new subdivision 18 which provides that when any state accredited domestic violence forensic examiner or licensed health care provider furnishes services to a survivor of domestic violence, the health care giver shall provide such services at no charge and shall bill the office directly. The office, in consultation with the DOH, shall determine which services shall be covered by a newly established domestic violence forensic examination reimbursement fee. The office, in consultation with the DON, shall establish the reimbursement fee program and its regulations. The reimbursement rate shall not exceed $650 dollars. A domestic violence survivor may also have the option to utilize any private benefits for the forensic examination in which case the forensic health care provider may not charge tile office. The domestic violence survivor mar decline to provide such information regarding private benefits if he/she believes that it may interfere with personal privacy or safety.

Justification

The Family Justice Center of Erie County is home to the only Forensic Medical Unit. (FMU) in all of NY State dedicated to domestic violence, thanks to the partnership with University of Buffalo Family Medicine. These full-time Registered Nurses document end photograph (via electronic body mapping) client injuries using high-tech digital camera equipment. This documentation is immeasurable in its ability to detect injuries that traditional hospital photographs cannot detect; the high tech equipment can also detect pooling of blood under the skin from incidents like

strangulation; as one example. These visual records, which can take four or more hours to produce, are then used by the District Attorney in prosecutions, if the client wishes to press charges. Additionally, the FMU nurse testifies at trial, as required.

The Forensic Medical Unit is one of the agency's most sought after services and the Eric County District Attorney calls the records generated by the FMU "invaluable" leading to increased plea bargains and higher conviction rates. The increased plea bargains, thanks to the FMU, save taxpayers the skyrocketing expense of trial. The DA's office has put area hospitals on notice to send all domestic violence victims to the Family Justice Center for injury documentation, informing hospitals that traditional photos are not suitable evidence for court. Not only does it save taxpayers money but it saves victims the trauma of testifying at a trial along with avoiding the trauma of being examined at a hospital; where the evidence is NOT permissible in court. The forensic medical unit documentation is permissible in court with conviction rates almost 100% of the time.

This legislation will allow for sustainability of FMU in the Family Justice Center as a "one stop center" and will allow for evaluation and expansion, over time, of forensic medical units in other Family Justice Centers throughout New York State.

Prior legislative history

New Bill.

Fiscal implications

To be determined.

Effective date

This act shall take effect immediately.