Expands the health department's review of correctional health services by including a biennial study of health care staffing at facilities operated by the department of corrections and community supervision.
STATE OF NEW YORK
________________________________________________________________________
7522
IN SENATE
January 23, 2020
___________
Introduced by Sen. RIVERA -- read twice and ordered printed, and when
printed to be committed to the Committee on Health
AN ACT to amend the public health law, in relation to expanding health
department review of correctional health services
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 26 of section 206 of the public health law, as
2 amended by section 127-t of subpart B of part C of chapter 62 of the
3 laws of 2011, is amended and a new subdivision 26-a is added to read as
4 follows:
5 26. (a) The commissioner [is hereby authorized and directed to], in
6 consultation with the commissioner of addiction services and supports in
7 relation to subparagraph (viii) of this paragraph, shall review any
8 policy or practice instituted in facilities operated by the department
9 of corrections and community supervision, and in all local correctional
10 facilities, as defined in subdivision sixteen of section two of the
11 correction law, regarding:
12 (i) human immunodeficiency virus (HIV)[,] and acquired immunodeficien-
13 cy syndrome (AIDS), [and] including the prevention and transmission of
14 HIV and the treatment of AIDS;
15 (ii) hepatitis C (HCV) including the prevention of the transmission of
16 [HIV and HCV and the treatment of AIDS, HIV and] HCV [among inmates];
17 (iii) women's health;
18 (iv) transgender health;
19 (v) chronic health conditions including but not limited to asthma,
20 diabetes, and heart disease;
21 (vi) health care services for individuals fifty years of age or older;
22 (vii) discharge planning of health care services including planning
23 for discharges requiring residential placement or long-term care
24 services; and
25 (viii) substance use disorders.
26 (b) Such [review] reviews shall be performed annually and shall focus
27 on whether such [HIV, AIDS or HCV policy] policies or [practice is]
28 practices are consistent with current, generally accepted medical stand-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03805-05-0
S. 7522 2
1 ards and procedures [used to prevent the transmission of HIV and HCV and
2 to treat AIDS, HIV and HCV among the general public]. In performing such
3 reviews, in order to determine the quality and adequacy of care and
4 treatment provided, department personnel are authorized to enter correc-
5 tional facilities and inspect policy and procedure manuals and medical
6 protocols, interview health services providers and inmate-patients,
7 review medical grievances, and inspect a representative sample of
8 medical records of inmates [known to be infected with HIV or HCV or have
9 AIDS]. Prior to initiating a review of a correctional system, the
10 commissioner shall inform the public, including patients, their families
11 and patient advocates, of the scheduled review and invite them to
12 provide the commissioner with relevant information.
13 (c) Upon the completion of such review, the department shall, in writ-
14 ing, approve such policy or practice as instituted in facilities oper-
15 ated by the department of corrections and community supervision, and in
16 any local correctional facility, or, based on specific, written recom-
17 mendations, direct the department of corrections and community super-
18 vision, or the authority responsible for the provision of medical care
19 to inmates in local correctional facilities to prepare and implement a
20 corrective plan to address deficiencies in areas where such policy or
21 practice fails to conform to current, generally accepted medical stand-
22 ards and procedures. The commissioner shall monitor the implementation
23 of such corrective plans and shall conduct such further reviews as the
24 commissioner deems necessary to ensure that identified deficiencies in
25 [HIV, AIDS and HCV] policies and practices are corrected. All written
26 reports pertaining to reviews provided for in this subdivision shall not
27 contain individual patient identifying information and shall be [main-
28 tained, under such conditions as the commissioner shall prescribe, as]
29 public information [available for public inspection] and shall be posted
30 on the department's website.
31 26-a. (a) The department, in consultation with the department of
32 corrections and community supervision, shall biennially study health
33 care staffing in facilities operated by the department of corrections
34 and community supervision and in local correctional facilities as
35 defined in subdivision sixteen of section two of the correction law. The
36 study shall examine:
37 (i) adequacy of staffing, including in specialties such as women's,
38 transgender, and geriatric health care;
39 (ii) potential challenges such as salary adequacy or geographic
40 factors; and
41 (iii) impact of staffing levels on availability of services.
42 (b) The first such study shall be completed and submitted to the
43 governor, the temporary president of the senate, and the speaker of the
44 assembly no later than one year after the effective date of this subdi-
45 vision.
46 § 2. This act shall take effect immediately.
