Hospital Policies for Victims of Human Trafficking

Transcription

1 Hospital Policies for Victims of Human Trafficking A Regulatory Overview August 2018

2 New York State s Anti-Trafficking Laws 2

3 August New York s Anti-Trafficking Laws In 2007, New York State enacted laws (Chapter 74 of the Laws of 2007) to help address the prevalence of human trafficking: Penal Law was added to make it a crime to engage in labor trafficking Penal Law was added to make it a crime to engage in sex trafficking Social Services Law Article 10-D established a structure for identifying victims of human trafficking and connecting them to services

4 August Summary of Penal Law Penal Law makes it a Class D felony to compel or induce another person to engage in labor or to recruit, harbor, or transport such person by: Requiring that the labor be performed to repay a real or purported debt caused by the actor with an intent to defraud the person; Withholding or destroying the person s actual or purported passport, immigration document, or other government identification document with intent to impair the person's freedom of movement; or Using force or engaging in a scheme intended to instill fear in the victim that, if he or she does not comply with the demand for labor, the actor will take action such as causing injury or death, unlawfully imprisoning a person, or causing a person to be charged with a crime or subjected to deportation, or exposing a secret

5 August Summary of Penal Law Penal Law makes it a Class B felony to advance or profit from prostitution by: Unlawfully providing to a person who is patronized drugs intended to impair a person s judgment; Making material false statements or omissions to induce the person being patronized to engage in or continue to engage in prostitution activity; Withholding or destroying the person s actual or purported passport, immigration document, or other government identification document with intent to impair the person's freedom of movement; or Using force or engaging in a scheme to instill fear in the victim that, if he or she does not engage in or continue engaging in prostitution, the actor will take action such as causing injury or death, unlawfully imprisoning a person, causing a person to be charged with a crime or subjected to deportation, or exposing a secret

6 August Summary of Social Services Law Article 10-D Social Services Law (SSL) Article 10-D includes the following: SSL 483-aa(a) defines a human trafficking victim as a person who is a victim of labor trafficking under Penal Law or sex trafficking under Penal Law SSL 483-bb provides that the Office of Temporary and Disability Assistance (OTDA) may enter into contracts with non-governmental entities to make available certain services to pre-certified human trafficking victims Services include, among other things, case management, emergency temporary housing, health care, mental health counseling, drug addiction screening and treatment, and job training

7 August Summary of SSL Article 10-D (continued) SSL 483-aa(b) defines pre-certified victim of human trafficking as a person who has a pending application for federal certification as a victim of a severe form of trafficking in persons as defined in 22 U.S.C but has not yet obtained such certification, or a person who has reported a crime to law enforcement and it reasonably appears to law enforcement that the person is such a victim SSL 483-cc establishes a process for notifying OTDA and the Division of Criminal Justice Services (DCJS) that an individual appears to be a human trafficking victim and may be eligible for services under SSL Article 10-D The New York State Referral of Human Trafficking Victim Form is available on the OTDA website

8 August Summary of SSL Article 10-D (continued) SSL 483-ff requires OTDA to: make available on its website the hotline poster issued by the National Human Trafficking Resources Center (NHTRC) or a version created by OTDA that includes certain information prescribed in the law; and consult with other state agencies to encourage that the posters be placed in locations where victims of human trafficking may be present, including hospitals and urgent care centers The posters should be placed in conspicuous locations near primary public entrances or other areas where posters and notices are customarily posted on the premises

9 August Summary of Public Health Law 2805-y Public Health Law (PHL) 2805-y requires general hospitals to establish written policies and procedures for the identification, assessment, and appropriate treatment or referral of individuals with substance use disorders and train staff in such procedures PHL 2805-y(1) defines key terms such as subject facilities, defined to mean general hospitals, public health centers, diagnostic centers, treatment centers or outpatient departments PHL 2805-y(1) also provides that the law applies to all service units that include emergency services, pediatrics, obstetrics and gynecology, orthopedics, internal medicine, family medicine, radiology, surgery, psychiatry and dental services to the extent the facility maintains a dental clinic, center, or department on site of the facility

10 August Summary of PHL 2805-y (continued) PHL 2805-y(2) requires subject facilities to establish and implement written policies and procedures for the identification, assessment, and appropriate treatment or referral of persons suspected of being victims of human trafficking, as defined by SSL 483-aa PHL 2805-y(2) also states that policies and procedures must provide for the referral of human trafficking victims under the age of 18 to the Statewide Central Register of Child Abuse and Maltreatment (SCR) established pursuant to SSL Title 6, Article 6 if required by that law PHL 2805-y(3) also requires subject facilities to require all subject facility personnel defined in the statute as nursing, medical, social work and other clinical care personnel as well as security personnel to complete training regarding such policies and procedures The training must encompass recognition of indicators of a human trafficking victim and the responsibilities of such personnel in dealing with persons suspected of being human trafficking victims

11 Proposed Regulations 11

12 August General Overview Will follow the general structure and content of the law Regs are in draft Next step is presenting them at PHHPC DOH can not provide technical guidance for creation of policies and procedures or curricula for training Law is in effect Will be evaluating efforts toward full compliance: training, policies and procedures, etc.

13 August Draft Regulations P&P for identification, assessment, treatment and referral of individuals who are suspected to be human trafficking victims For suspected trafficking victims under 18 y.o., P&P shall provide for reporting to the SCR required under Social Services Law Article 10-D Hospital must inform victims (verbally or in writing) of services that may be available Services in SSL Article 10-D Referrals to other health care providers, state agencies, or others

14 August Draft Regulations Hospital must post the human trafficking hotline poster issued by the National Human Trafficking Resources Center (or OTDA s) Hospital must train: Licensed (title 8) and certified staff who provide direct patient care on P&P related to trafficking Security Personnel Applies to outpatient locations of hospitals

15 Resources and Links 15

16 August NYS Department of Health The Department of Health website has information on human trafficking at The website contains links to various other resources at: and Courses on human trafficking are available on the Department s Learning Management System at Questions: DOH Division of Hospitals and Diagnostic & Treatment Centers

17 August NYS Office of Temporary and Disability Assistance The New York State Office of Temporary and Disability Assistance (OTDA) has a website dedicated to human trafficking at The website includes: a link to the New York State Referral of Human Trafficking Victim Form links to the human trafficking hotline poster information about the Interagency Task Force on Human Trafficking Questions can be directed to bria.contact@otda.ny.gov

18 August Other State Agencies The New York State Office of Children and Family Services (OCFS) website at includes additional resources The New York State Division of Criminal Justice Services (DCJS) includes additional resources

19 August US Department of Health and Human Services Training available through the United States Department of Health and Human Services (HHS) Stop, Observe, Ask, Respond to Human Trafficking (SOAR) program, at Information about the potential of disaster situations to lead to conditions conducive to human trafficking on the HHS website at

20 August Other Resources The Polaris Project makes various resources available at The Health, Education, Advocacy and Linkage (HEAL) network offers information, including a toolkit for developing protocols in health care settings, at Additional information is offered on the Child Abuse Medical Provider Program (CHAMP) website at