2023 New York Laws › PBH - Public Health › Article 21 - Control of Acute Communicable Diseases › Title 4 - Rabies. › 2145 - Rabies; Services and Expenses of Suppression.

§  2145.  Rabies;  services and expenses of suppression. 1. The county
health authority is responsible for the services and expenses  necessary
for  the  suppression of human rabies. Suppression of human rabies shall
include, but not be limited to:
(a) availability at all times for prompt investigation of  reports  of
possible  exposures  to  rabies  of  people, pets, or domestic livestock
occurring within the county,  and  to  render  authorization  for  human
postexposure treatment,
(b)  making  arrangements  for  appropriate disposition of the animals
involved,   including   confinement   and   observation,    quarantines,
vaccination boosters, or euthanasia and testing,
(c)  collection,  preparation  and submission of animal specimens to a
laboratory approved by the commissioner for rabies diagnosis,
(d) verifying terms of confinement, observation and quarantines,
(e) authorized  human  postexposure  treatment  under  the  conditions
hereinafter   specified,   except   that   third   party   coverage   or
indemnification shall first be applied against the  cost  of  treatment,
and
(f)  operation  of rabies vaccination clinics free of charge for dogs,
cats and domesticated ferrets owned by persons with local residence.
2. Under the conditions specified below, the county  health  authority
is  responsible  for  authorized  human  postexposure  treatment for all
persons exposed within the county, regardless of  the  location  of  the
person's  residence;  except  in  any  case where the person's county of
residence has agreed to be responsible for such treatment in  accordance
with  the  provisions of this title. In addition, for persons with local
residence who are exposed to rabies in New York city or  out  of  state,
the county health authority is responsible for that portion of treatment
that occurs after such persons return to their local residences.
3.  Human postexposure treatment specifically authorized by the county
health authority shall be rendered by the provider or providers selected
by the county  health  authority,  located  within  the  county  or  the
vicinity  thereof,  and shall be considered sufficient authorization for
pre-approval by the person's health insurance carrier  or  managed  care
plan  if  pre-approval is required, and shall be approved, by the health
insurance carrier or managed care plan, provided that:
(a) any person may, at his or her option, be treated at his or her own
expense by the health  care  provider  of  his  or  her  choice  without
approval by the county health authority,
(b)  the  county health authority may, at its option, assume financial
responsibility for necessary  treatment  rendered  by  other  providers;
provided,  however,  that  the  county  health  authority  shall  not be
obligated to assume  financial  responsibility  if  notified  after  the
completion  of  treatment.  If evidence of approval of the county health
authority has not been  provided,  health  care  providers  must  report
initiation  of  rabies postexposure prophylaxis within twenty-four hours
of the first treatment,
(c) the county shall authorize initial treatment from  a  provider  or
providers  geographically  accessible  to  the  location  of the exposed
person at the time that treatment is determined to be necessary, and
(d) the county shall authorize post-initial treatment from a  provider
or providers geographically accessible to the exposed person's residence
if  the  person  returns  to  his  or her residence during the course of
treatment.
4. Consent by any person to human postexposure treatment authorized by
the county health authority shall constitute  assignment  of  any  third
party  health benefits to the county health authority and permission for
the person's health care and insurance providers to release medical  and

financial  information  regarding  the  treatment  to  the county health
authority.
5.  Health care and insurance providers shall comply with any requests
by  the  county  health  authority  for  information   regarding   human
postexposure  treatment  rendered  to  an  enrollee  whose treatment was
authorized by the county health authority.
5-a. Health care providers shall accept payments by the county  health
authority  for  human  postexposure  treatment  at  a  rate  set  by the
commissioner; provided that such reimbursement shall be no less than the
Medicaid rate.
6. Under the terms of this title, the county health authority  is  not
responsible for:
(a)  services  and  expenses of human postexposure treatment that were
not specifically authorized by the county health authority,  except  for
completion  of  treatment  for  their  residents  exposed and started on
rabies treatment in New York city  or  elsewhere  outside  of  New  York
state.  Treatment  started  in  New  York  city  shall  be  confirmed as
necessary treatment by the New York city department of health and mental
hygiene, or the department,
(b) services and  expenses  of  medical  treatment  unrelated  to  the
prevention  of  rabies  infection such as wound suturing and measures to
control bacterial infection of bite wounds, and
(c) expenses of preexposure rabies vaccination.
7. A clinic for rabies vaccination for  dogs,  cats  and  domesticated
ferrets  of  persons  with  local  residence shall be conducted at least
every four months within the county under the direction  of  the  county
government,  by the health officials of the county and the several local
health districts within a county. Donations may  be  requested  but  not
required at the clinics. Any listing of costs in clinic announcements or
advertisements  must  indicate  that  vaccinations are available free of
charge, and that donations are optional. Counties may  at  their  option
provide vaccination clinic services to persons without county residence,
and may require a fee based on cost from these persons.
8.  Claims  for services and expenses, approved by the county shall be
paid by the fiscal officer of the  county  from  funds  in  his  or  her
custody  upon presentation of such claim, without further or other audit
or may be paid pursuant to the local finance law.