Relates to the review of policies and practices pertaining to infectious disease outbreaks in correctional facilities, including the treatment and prevention of the disease among inmates and staff.
STATE OF NEW YORK
________________________________________________________________________
8315--A
IN SENATE
May 11, 2020
___________
Introduced by Sens. RIVERA, KRUEGER, MONTGOMERY, MYRIE -- read twice and
ordered printed, and when printed to be committed to the Committee on
Health -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee
AN ACT to amend the public health law, in relation to review of policies
and practices relating to any infectious disease outbreak in correc-
tional facilities, including the treatment and prevention of the
disease among inmates and staff
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 to read as follows:
4 26. The commissioner is hereby authorized and directed to review any
5 policy or practice instituted in facilities operated by the department
6 of corrections and community supervision, and in all local correctional
7 facilities, as defined in subdivision sixteen of section two of the
8 correction law, regarding human immunodeficiency virus (HIV), acquired
9 immunodeficiency syndrome (AIDS), [and] hepatitis C (HCV), and emerging
10 infectious diseases, including the prevention of the transmission of
11 [HIV and HCV] and the treatment of [AIDS, HIV and HCV] such infections
12 and diseases among inmates. Such review shall be performed annually, and
13 more frequently as determined by the commissioner, and shall focus on
14 whether such [HIV, AIDS or HCV] policy or practice is consistent with
15 current, generally accepted medical standards and procedures used to
16 prevent the transmission of [HIV and HCV] and to treat [AIDS, HIV and
17 HCV] those infections and diseases among the general public. In perform-
18 ing such reviews, in order to determine the quality and adequacy of care
19 and treatment provided, department personnel are authorized to enter
20 correctional facilities and inspect policy and procedure manuals and
21 medical protocols, interview health services providers and inmate-pa-
22 tients, review medical grievances, and inspect a representative sample
23 of medical records of inmates known to be infected with [HIV or HCV or
24 have AIDS] any such infections or diseases. Prior to initiating a review
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD16343-05-0
S. 8315--A 2
1 of a correctional system, the commissioner shall inform the public,
2 including patients, their families and patient advocates, of the sched-
3 uled review and invite them to provide the commissioner with relevant
4 information. Upon the completion of such review, the department shall,
5 in writing, approve such policy or practice as instituted in facilities
6 operated by the department of corrections and community supervision, and
7 in any local correctional facility, or, based on specific, written
8 recommendations, direct the department of corrections and community
9 supervision, or the authority responsible for the provision of medical
10 care to inmates in local correctional facilities to prepare and imple-
11 ment a corrective plan to address deficiencies in areas where such poli-
12 cy or practice fails to conform to current, generally accepted medical
13 standards and procedures. The commissioner shall monitor the implementa-
14 tion of such corrective plans and shall conduct such further reviews as
15 the commissioner deems necessary to ensure that identified deficiencies
16 in [HIV, AIDS and HCV] those policies and practices are corrected. All
17 written reports pertaining to reviews provided for in this subdivision
18 shall be maintained, under such conditions as the commissioner shall
19 prescribe, as public information available for public inspection. As
20 used in this subdivision, "emerging infectious disease" means an
21 infection that has increased recently or is threatening to increase in
22 the near future.
23 § 2. This act shall take effect immediately.