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A06386 Summary:

COSPNSRWeprin, Rosenthal L, Simon, Dickens, De La Rosa, Abinanti, Lavine, Peoples-Stokes, Aubry, Pichardo, Steck, Cook, Wallace, Williams, Davila, Bichotte Hermelyn, Taylor, Niou, Seawright, McDonough, Montesano, Barron, Fernandez, Sayegh, Darling
Amd §206, Pub Health L
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.
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A06386 Text:

                STATE OF NEW YORK
                               2021-2022 Regular Sessions
                   IN ASSEMBLY
                                     March 16, 2021
        Introduced  by M. of A. GOTTFRIED, WEPRIN, L. ROSENTHAL, SIMON, DICKENS,
          NOUGH, MONTESANO, FERNANDEZ, SAYEGH, DARLING -- Multi-Sponsored by  --
          M.  of  A.  DeSTEFANO  --  read  once and referred to the Committee on
          Health -- reported and referred to the Committee on Ways and Means  --
          recommitted  to  the  Committee  on  Ways and Means in accordance with
          Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
          reprinted as amended and recommitted to said committee
        AN ACT to amend the public health law, in relation to  expanding  review
          of  correctional  health  services and health care staffing at correc-
          tional facilities
          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  separately amended by chapters 45 and  322  of  the  laws  of  2021,  is
     3  amended and a new subdivision 26-a is added to read as follows:
     4    26.  (a)  The  commissioner [is hereby authorized and directed to], in
     5  consultation with the commissioner of addiction services and supports in
     6  relation to subparagraph (x) of this paragraph, shall review any  policy
     7  or  practice  instituted  in  facilities  operated  by the department of
     8  corrections and community supervision, and  in  all  local  correctional
     9  facilities,  as  defined  in  subdivision  sixteen of section two of the
    10  correction law, regarding:
    11    (i) human immunodeficiency virus (HIV)[,] and acquired immunodeficien-
    12  cy syndrome (AIDS)[,];
    13    (ii) hepatitis C (HCV)[, and];
    14    (iii) COVID-19[, including the prevention of the transmission  of  and
    15  the  treatment  of such infections and diseases among incarcerated indi-
    16  viduals];
    17    (iv) emerging infectious diseases;
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 6386--A                          2
     1    (v) women's health;
     2    (vi) transgender health;
     3    (vii)  chronic  health conditions including but not limited to asthma,
     4  diabetes, and heart disease;
     5    (viii) health care services for individuals  fifty  years  of  age  or
     6  older;
     7    (ix) discharge planning of health care services including planning for
     8  discharges  requiring  residential placement or long-term care services;
     9  and
    10    (x) substance use disorders.
    11    (b) Such [review] reviews shall be performed at  least  annually,  and
    12  shall  focus  on  whether such [policy or practice is] policies or prac-
    13  tices are consistent with current, generally accepted medical  standards
    14  and  procedures  used  to prevent the transmission of and to treat those
    15  infections and diseases among the general  public.  In  performing  such
    16  reviews,  in  order  to  determine  the quality and adequacy of care and
    17  treatment provided, department personnel are authorized to enter correc-
    18  tional facilities and inspect policy and procedure manuals  and  medical
    19  protocols,  interview health services providers and incarcerated indivi-
    20  dual-patients, review medical grievances, and inspect  a  representative
    21  sample  of  medical  records  of  incarcerated  individuals  known to be
    22  infected with any such infections or diseases.  Prior  to  initiating  a
    23  review  of  a  correctional  system,  the  commissioner shall inform the
    24  public, including patients, their families and patient advocates, of the
    25  scheduled review and invite them to provide the commissioner with  rele-
    26  vant information.
    27    (c) Upon the completion of such review, the department shall, in writ-
    28  ing,  approve  such policy or practice as instituted in facilities oper-
    29  ated by the department of corrections and community supervision, and  in
    30  any  local  correctional facility, or, based on specific, written recom-
    31  mendations, direct the department of corrections  and  community  super-
    32  vision,  or  the authority responsible for the provision of medical care
    33  to incarcerated individuals in local correctional facilities to  prepare
    34  and  implement  a corrective plan to address deficiencies in areas where
    35  such policy or practice fails to conform to current, generally  accepted
    36  medical  standards  and procedures.   The commissioner shall monitor the
    37  implementation of such corrective plans and shall conduct  such  further
    38  reviews  as  the  commissioner deems necessary to ensure that identified
    39  deficiencies in those policies and practices are corrected. All  written
    40  reports pertaining to reviews provided for in this subdivision shall not
    41  contain  individual  patient identifying information and shall be [main-
    42  tained, under such conditions as the commissioner shall  prescribe,  as]
    43  public information [available for public inspection] and shall be posted
    44  on the department's website.
    45    (d)  As  used in this subdivision, "emerging infectious disease" means
    46  an infection that has increased recently or is threatening  to  increase
    47  in the near future.
    48    26-a.  (a)  The  department,  in  consultation  with the department of
    49  corrections and community supervision,  shall  biennially  study  health
    50  care  staffing  in  facilities operated by the department of corrections
    51  and community  supervision  and  in  local  correctional  facilities  as
    52  defined in subdivision sixteen of section two of the correction law. The
    53  study shall examine:
    54    (i)    adequacy of staffing, including in specialties such as women's,
    55  transgender, and geriatric health care;

        A. 6386--A                          3
     1    (ii) potential  challenges  such  as  salary  adequacy  or  geographic
     2  factors; and
     3    (iii) impact of staffing levels on availability of services.
     4    (b)  The  first  such  study  shall  be completed and submitted to the
     5  governor, the temporary president of the senate, and the speaker of  the
     6  assembly  no later than one year after the effective date of this subdi-
     7  vision.
     8    § 2. This act shall take effect immediately.
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