Section 2145. Rabies; services and expenses of suppression  


Latest version.
  • 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 approved by the person's health insurance carrier
      or managed care plan if pre-approval is required 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,
        (b) the county health authority may, at its option,  assume  financial
      responsibility for necessary treatment rendered by other providers,
        (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.
        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,
        (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.