BILL NUMBER: S7809
SPONSOR: HOYLMAN-SIGAL
 
TITLE OF BILL:
An act to amend the public health law, in relation to HIV related test-
ing requirements
 
PURPOSE:
To facilitate routine, opt-out HIV testing consistent with current
public health guidance, in order to improve timely HIV diagnosis and
linkage to care.
 
SUMMARY OF PROVISIONS:
Section 1 of the bill amends section 2781 of the Public Health Law to
expand the means allowed for providing the required notice that an HIV-
related test will be performed to include the options to provide notice
verbally, in writing, by prominently displayed signage, or by electronic
means or other appropriate form of communication. Such notice must also
include the information that HIV testing is voluntary and a notice that
pre-and post-exposure prophylaxis medications (PrEP and PEP) are avail-
able to persons at risk of infection
Section 2 of the bill is the effective date.
 
JUSTIFICATION:
The New York State Blueprint for Ending the HIV Epidemic recommends that
the state adopt opt-out HIV testing as part of routine care, in line
with current public health guidelines and best practices.
Early diagnosis of HIV infection and linkage to effective antiretroviral
therapy is critical to sustain optimal health for HIV-positive persons
and stop ongoing transmission of the virus. Despite New York law
requiring the offer of HIV testing in health care settings, an unaccept-
able number of people living with undiagnosed HIV who access care in
medical and community settings across the state are still not being
tested, as reflected by the continued high rate of concurrent HIV and
AIDS diagnoses.
According to 2012 data reported by the New York State Department of
Health's AIDS Institute, 18% of new HIV diagnoses were accompanied by a
concurrent diagnosis of AIDS. This bill will remove remaining logistical
barriers to routine opt-out HIV testing while maintaining the voluntary
nature of HIV testing and ensuring that every person who is the subject
of an HIV test receives critical information regarding HIV treatment,
prevention, and individual rights.
 
LEGISLATIVE HISTORY:
S.6082/A.7896 of 2020 (Hoylman-Sigal / Gottfried)
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This act shall take effect immediately.