Bill Text: NY A01127 | 2019-2020 | General Assembly | Introduced
Bill Title: Relates to health facilities and services in correctional facilities.
Spectrum: Moderate Partisan Bill (Democrat 29-4)
Status: (Introduced - Dead) 2020-01-08 - referred to ways and means [A01127 Detail]
Download: New_York-2019-A01127-Introduced.html
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. LBD03799-01-9A. 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), acquired6immunodeficiency 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 HCV9and 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 of13HIV 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 be20infected 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.