STATE OF NEW YORK ________________________________________________________________________ 8811 2017-2018 Regular Sessions IN ASSEMBLY November 29, 2017 ___________ Introduced by M. of A. COOK -- read once and referred to the Committee on Health AN ACT to authorize and direct the commissioner of health to designate HTLV-1 and HTLV-2 communicable diseases; and to amend the public health law, in relation to the HTLV-1 and HTLV-2 viruses The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The commissioner of health is hereby authorized and 2 directed to include HTLV-1 and HTLV-2 in the list of communicable 3 diseases in the New York state sanitary code. 4 § 2. Article 21 of the public health law is amended by adding a new 5 title 8 to read as follows: 6 TITLE VIII 7 HTLV-1 AND HTLV-2 8 Section 2180. HTLV-1 and HTLV-2; duty to report. 9 2181. HTLV-1 and HTLV-2; educational materials. 10 2182. Rules and regulations. 11 § 2180. HTLV-1 and HTLV-2; duty to report. 1. Every physician or other 12 person authorized by law to order diagnostic tests or make a medical 13 diagnosis, or any laboratory performing such tests shall immediately 14 upon (a) determination that a person is infected with HTLV-1 or HTLV-2, 15 and (b) periodic monitoring of HTLV-1 and HTLV-2 infections by any labo- 16 ratory tests report such case or data to the commissioner within twen- 17 ty-four hours from the time the case is first seen. If a coroner, 18 pathologist, medical examiner, or other person qualified to conduct an 19 examination of a deceased person discovers that at the time of death the 20 individual was afflicted with HTLV-1 or HTLV-2, he or she shall report 21 the case within twenty-four hours to the commissioner as if the diagno- 22 sis had been established prior to death. 23 2. Reports required under this section shall contain such information 24 concerning the case as shall be required by the commissioner. These EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10321-01-7

A. 8811 2 1 reports shall contain, but need not be limited to, all medical informa- 2 tion required to establish accurate numbers for statewide prevalence, 3 rates of annual incidence, and morbidity and mortality rates. 4 3. All reports or information secured by the department under the 5 provisions of this title shall be confidential except: (a) in so far as 6 is necessary to carry out the provisions of this title; (b) when used in 7 the aggregate, without patient specific identifying information, in 8 programs approved by the commissioner for the improvement of the quality 9 of medical care provided to persons with HTLV-1 or HTLV-2; (c) when used 10 within the state or local health department by public health disease 11 programs to assess co-morbidity or completeness of reporting and to 12 direct program needs, in which case patient specific identifying infor- 13 mation shall not be disclosed outside the state or local health depart- 14 ment; or (d) when used for purposes of patient linkage and retention in 15 care, patient specific identified information may be shared between 16 local and state health departments and health care providers currently 17 treating the patient as approved by the commissioner. 18 § 2181. HTLV-1 and HTLV-2; educational materials. 1. The commissioner 19 shall develop, produce and make available to physicians, other health 20 care providers, and other persons at high risk for HTLV-1 and HTLV-2 21 educational materials, in written and electronic forms, on the diagno- 22 sis, treatment and prevention of HTLV-1 and HTLV-2. Such materials 23 shall be written in terms which are understandable by members of the 24 general public. Such materials shall include information and assistance 25 on where to find community support services, support groups, respite, 26 and care management. In instances in which viral typing is possible, 27 these materials shall direct to virus specific community support 28 services, support groups, respite, and care management as HTLV-1 and 29 HTLV-2 are two different retroviruses with differing epidemiologies and 30 disease associations requiring specific recommendations for persons 31 infected with HTLV-1 or HTLV-2. 32 2. These materials shall be made available to the public free of 33 charge. The commissioner shall make these materials available to clinics 34 that specialize in sexually transmitted diseases, health care facili- 35 ties, and department of corrections and community supervision facili- 36 ties. 37 3. The commissioner shall ensure that all information and materials 38 produced under this section are maintained and updated to reflect best 39 practice recommendations and are culturally and linguistically appropri- 40 ate for the communities the materials are made available to. The depart- 41 ment shall post the same information on its website. 42 § 2182. Rules and regulations. The commissioner shall promulgate such 43 rules and regulations as shall be necessary and proper to effectuate the 44 purposes of this title. 45 § 3. This act shall take effect on the one hundred twentieth day after 46 it shall have become a law; provided that, effective immediately, the 47 addition, amendment, and/or repeal of any rules and regulations neces- 48 sary to implement the provisions of this act on its effective date are 49 authorized and directed to be completed on or before such effective 50 date.

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