A01127 Summary:

BILL NOA01127
 
SAME ASSAME AS S01072
 
SPONSORGottfried (MS)
 
COSPNSRWeprin, Ortiz, Simon, Dickens, Arroyo, Jaffee, D'Urso, De La Rosa, Abinanti, Lavine, Peoples-Stokes, Mosley, Aubry, Wright, Pichardo, Steck, Cook, Wallace, Williams, Davila, Bichotte, Taylor, Niou, Montesano, Barron, McDonough, Fernandez, Sayegh, Darling
 
MLTSPNSRCrespo, Crouch, DeStefano
 
Amd §§2801, 2803 & 206, Pub Health L
 
Relates to health facilities and services in correctional facilities.
Go to top    

A01127 Actions:

BILL NOA01127
 
01/14/2019referred to health
01/29/2019reported referred to ways and means
01/08/2020referred to ways and means
Go to top

A01127 Committee Votes:

HEALTH Chair:Gottfried DATE:01/29/2019AYE/NAY:25/0 Action: Favorable refer to committee Ways and Means
GottfriedAyeRaiaAye
SchimmingerExcusedMcDonoughAye
GalefAyeRaAye
DinowitzAyeGarbarinoAye
CahillAyeByrneAye
PaulinAyeByrnesAye
CymbrowitzAyeAshbyAye
GuntherAye
RosenthalAye
HevesiAye
JaffeeAye
SteckAye
AbinantiAye
BraunsteinAye
KimAye
SolagesAye
BichotteAye
BarronAye
SayeghAye

Go to top

A01127 Floor Votes:

There are no votes for this bill in this legislative session.
Go to top

A01127 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1127
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 14, 2019
                                       ___________
 
        Introduced by M. of A. GOTTFRIED, WEPRIN, ORTIZ, SIMON, DICKENS, ARROYO,
          JAFFEE,  D'URSO, DE LA ROSA, ABINANTI, LAVINE, PEOPLES-STOKES, MOSLEY,
          AUBRY, WRIGHT,  PICHARDO,  STECK,  COOK,  WALLACE,  WILLIAMS,  DAVILA,
          BICHOTTE,  TAYLOR,  NIOU,  MONTESANO, BARRON, McDONOUGH -- Multi-Spon-
          sored by -- M.  of A. CRESPO, CROUCH -- read once and referred to  the
          Committee on Health
 
        AN  ACT to amend the public health law, in relation to health facilities
          and services in correctional facilities
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1. Subdivision 1 of section 2801 of the public health law, as
     2  amended by section 1 of subpart B of part S of chapter 57 of the laws of
     3  2018, is amended to read as follows:
     4    1. "Hospital" means a facility or institution engaged  principally  in
     5  providing services by or under the supervision of a physician or, in the
     6  case  of  a dental clinic or dental dispensary, of a dentist, or, in the
     7  case of a midwifery birth center, of  a  midwife,  for  the  prevention,
     8  diagnosis  or  treatment  of  human  disease, pain, injury, deformity or
     9  physical condition, including, but not limited to, a  general  hospital,
    10  public  health center, diagnostic center, treatment center, dental clin-
    11  ic, dental dispensary, rehabilitation center other than a facility  used
    12  solely  for vocational rehabilitation, nursing home, tuberculosis hospi-
    13  tal, chronic  disease  hospital,  maternity  hospital,  midwifery  birth
    14  center,  lying-in-asylum,  out-patient  department,  out-patient  lodge,
    15  dispensary, correctional  health  care  facility  and  a  laboratory  or
    16  central  service facility serving one or more such institutions, but the
    17  term hospital shall not include  an  institution,  sanitarium  or  other
    18  facility  engaged  principally in providing services for the prevention,
    19  diagnosis or treatment of mental disability and which is subject to  the
    20  powers  of  visitation, examination, inspection and investigation of the
    21  department of mental hygiene except for those distinct parts of  such  a
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03799-01-9

        A. 1127                             2
 
     1  facility  which provide hospital service. The provisions of this article
     2  shall not apply to a facility  or  institution  engaged  principally  in
     3  providing  services by or under the supervision of the bona fide members
     4  and  adherents  of  a  recognized religious organization whose teachings
     5  include reliance on spiritual means through prayer alone for healing  in
     6  the practice of the religion of such organization and where services are
     7  provided  in accordance with those teachings. No provision of this arti-
     8  cle or any other provision of law shall be construed to: (a)  limit  the
     9  volume  of  mental health or substance use disorder services that can be
    10  provided by a provider of primary  care  services  licensed  under  this
    11  article and authorized to provide integrated services in accordance with
    12  regulations  issued by the commissioner in consultation with the commis-
    13  sioner of the office of mental health and the commissioner of the office
    14  of alcoholism and substance abuse services, including regulations issued
    15  pursuant to subdivision seven of section three hundred  sixty-five-l  of
    16  the  social  services  law or part L of chapter fifty-six of the laws of
    17  two thousand twelve; (b) require a provider licensed pursuant to article
    18  thirty-one of the mental hygiene law or certified  pursuant  to  article
    19  thirty-two  of the mental hygiene law to obtain an operating certificate
    20  from the department if such provider  has  been  authorized  to  provide
    21  integrated services in accordance with regulations issued by the commis-
    22  sioner  in  consultation  with  the commissioner of the office of mental
    23  health and the commissioner of the office of  alcoholism  and  substance
    24  abuse  services,  including  regulations  issued pursuant to subdivision
    25  seven of section three hundred sixty-five-l of the social  services  law
    26  or part L of chapter fifty-six of the laws of two thousand twelve.
    27    §  2. Section 2801 of the public health law is amended by adding a new
    28  subdivision 12 to read as follows:
    29    12. "Correctional health care facility" means a facility or part of  a
    30  facility providing health care services to persons confined in a correc-
    31  tional  facility  or  local  correctional facility, that is operated by,
    32  operated  under  contract  with  or  supervised  by  the  department  of
    33  corrections  and  community  supervision, by a county or the city of New
    34  York or by a correctional facility or local  correctional  facility.  As
    35  used in this subdivision, "correctional facility" and "local correction-
    36  al  facility"  shall  have  the  same  meaning  as in section two of the
    37  correction law, except that the exclusion of  certain  facilities  under
    38  paragraph (b) of subdivision four of that section shall not apply.
    39    §  3. Section 2803 of the public health law is amended by adding a new
    40  subdivision 12 to read as follows:
    41    12. (a) The commissioner, in consultation  with  the  commissioner  of
    42  corrections  and community supervision, representatives of local correc-
    43  tional facilities, the commissioner of mental health and the commission-
    44  er of alcoholism and substance abuse services,  shall  make  regulations
    45  relating  to  correctional  health  care  facilities, including, but not
    46  limited to, their establishment, construction, and operation,  consider-
    47  ing  the  standards of state and national organizations knowledgeable in
    48  correctional health care services.
    49    (b) A correctional health care facility in operation on the  effective
    50  date  of  this  subdivision  may continue to operate for two years after
    51  such date regardless of whether it is has been  established  under  this
    52  section.
    53    §  4.  Subdivision  26  of  section  206  of the public health law, as
    54  amended by section 127-t of subpart B of part C of  chapter  62  of  the
    55  laws of 2011, is amended to read as follows:

        A. 1127                             3
 
     1    26.  The  commissioner is hereby authorized and directed to review any
     2  policy or practice instituted in facilities operated by  the  department
     3  of  corrections and community supervision, and in all local correctional
     4  facilities, as defined in subdivision sixteen  of  section  two  of  the
     5  correction  law, regarding [human immunodeficiency virus (HIV), acquired
     6  immunodeficiency syndrome (AIDS), and hepatitis  C  (HCV)]  health  care
     7  services  provided  to  persons  confined in the facility, including the
     8  prevention of [the transmission] infection or disease [of  HIV  and  HCV
     9  and the treatment of AIDS, HIV and HCV among inmates]. Such review shall
    10  be performed annually and shall focus on whether such [HIV, AIDS or HCV]
    11  policy  or  practice  is  consistent  with  current,  generally accepted
    12  medical standards and procedures used [to prevent  the  transmission  of
    13  HIV  and  HCV  and  to treat AIDS, HIV and HCV among] in relation to the
    14  general public. In performing such reviews, in order  to  determine  the
    15  quality  and adequacy of care and treatment provided, department person-
    16  nel are authorized to enter correctional facilities and  inspect  policy
    17  and  procedure  manuals and medical protocols, interview health services
    18  providers and inmate-patients, review medical grievances, and inspect  a
    19  representative  sample  of  medical  records  of  inmates  [known  to be
    20  infected with HIV or HCV or have AIDS]. Prior to initiating a review  of
    21  a correctional system, the commissioner shall inform the public, includ-
    22  ing  patients,  their  families  and patient advocates, of the scheduled
    23  review and invite them to provide the commissioner with relevant  infor-
    24  mation.  Upon  the  completion  of such review, the department shall, in
    25  writing, approve such policy or practice  as  instituted  in  facilities
    26  operated by the department of corrections and community supervision, and
    27  in  any  local  correctional  facility,  or,  based on specific, written
    28  recommendations, direct the  department  of  corrections  and  community
    29  supervision,  or  the authority responsible for the provision of medical
    30  care to inmates in local correctional facilities to prepare  and  imple-
    31  ment a corrective plan to address deficiencies in areas where such poli-
    32  cy  or  practice fails to conform to current, generally accepted medical
    33  standards and procedures.  The commissioner shall monitor the  implemen-
    34  tation  of  such corrective plans and shall conduct such further reviews
    35  as the commissioner deems necessary to ensure that identified  deficien-
    36  cies  in  [HIV,  AIDS and HCV] policies and practices are corrected. All
    37  written reports pertaining to reviews provided for in  this  subdivision
    38  shall  be  maintained,  under  such conditions as the commissioner shall
    39  prescribe, as public information [available for public  inspection]  and
    40  shall be posted on the department's website in searchable and downloada-
    41  ble form; provided that patient individual identifying information shall
    42  be  kept  confidential  by  the commissioner. This subdivision shall not
    43  diminish any other authority or jurisdiction of the commissioner.
    44    § 5. This act shall take effect one year after it shall have become  a
    45  law. Effective immediately, the commissioners of health, corrections and
    46  community supervision, mental health, and alcoholism and substance abuse
    47  services  shall  promulgate rules and regulations and take other actions
    48  reasonably necessary prior to such effective date necessary to implement
    49  the provisions of this act.
Go to top