Bill Text: NY A01130 | 2019-2020 | General Assembly | Amended
Bill Title: Expands the health department's review of correctional health services.
Spectrum: Moderate Partisan Bill (Democrat 31-4)
Status: (Vetoed) 2019-11-25 - VETOED MEMO.155 [A01130 Detail]
Download: New_York-2019-A01130-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 1130--A 2019-2020 Regular Sessions IN ASSEMBLY January 14, 2019 ___________ Introduced by M. of A. GOTTFRIED, WEPRIN, L. ROSENTHAL, 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, SEAWRIGHT, McDONOUGH, MONTESANO, BARRON, FERNANDEZ, SAYEGH, RAYNOR -- Multi-Sponsored by -- M. of A. CRESPO, CROUCH, DeSTEFANO -- read once and referred to the Committee on Health -- reported and referred to the Committee on Ways and Means -- 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 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 alcoholism and substance abuse 7 services in relation to subparagraph (viii) of this paragraph, shall 8 review any policy or practice instituted in facilities operated by the 9 department of corrections and community supervision, and in all local 10 correctional facilities, as defined in subdivision sixteen of section 11 two of the 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; EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD03805-03-9A. 1130--A 2 1 (v) chronic health conditions including but not limited to asthma, 2 diabetes, and heart disease; 3 (vi) health care services for individuals fifty years of age or older; 4 (vii) discharge planning of health care services including planning 5 for discharges requiring residential placement or long-term care 6 services; and 7 (viii) substance use disorders. 8 (b) Such [review] reviews shall be performed annually and shall focus 9 on whether such [HIV, AIDS or HCV policy] policies or [practice is] 10 practices are consistent with current, generally accepted medical stand- 11 ards and procedures [used to prevent the transmission of HIV and HCV and12to treat AIDS, HIV and HCV among the general public]. In performing such 13 reviews, in order to determine the quality and adequacy of care and 14 treatment provided, department personnel are authorized to enter correc- 15 tional facilities and inspect policy and procedure manuals and medical 16 protocols, interview health services providers and inmate-patients, 17 review medical grievances, and inspect a representative sample of 18 medical records of inmates [known to be infected with HIV or HCV or have19AIDS]. Prior to initiating a review of a correctional system, the 20 commissioner shall inform the public, including patients, their families 21 and patient advocates, of the scheduled review and invite them to 22 provide the commissioner with relevant information. 23 (c) Upon the completion of such review, the department shall, in writ- 24 ing, approve such policy or practice as instituted in facilities oper- 25 ated by the department of corrections and community supervision, and in 26 any local correctional facility, or, based on specific, written recom- 27 mendations, direct the department of corrections and community super- 28 vision, or the authority responsible for the provision of medical care 29 to inmates in local correctional facilities to prepare and implement a 30 corrective plan to address deficiencies in areas where such policy or 31 practice fails to conform to current, generally accepted medical stand- 32 ards and procedures. The commissioner shall monitor the implementation 33 of such corrective plans and shall conduct such further reviews as the 34 commissioner deems necessary to ensure that identified deficiencies in 35 [HIV, AIDS and HCV] policies and practices are corrected. All written 36 reports pertaining to reviews provided for in this subdivision shall not 37 contain individual patient identifying information and shall be [main-38tained, under such conditions as the commissioner shall prescribe, as] 39 public information [available for public inspection] and shall be posted 40 on the department's website. 41 26-a. (a) The department, in consultation with the department of 42 corrections and community supervision, shall biennially study health 43 care staffing in facilities operated by the department of corrections 44 and community supervision and in local correctional facilities as 45 defined in subdivision sixteen of section two of the correction law. The 46 study shall examine: 47 (i) adequacy of staffing, including in specialties such as women's, 48 transgender, and geriatric health care; 49 (ii) potential challenges such as salary adequacy or geographic 50 factors; and 51 (iii) impact of staffing levels on availability of services. 52 (b) The first such study shall be completed and submitted to the 53 governor, the temporary president of the senate, and the speaker of the 54 assembly no later than one year after the effective date of this subdi- 55 vision. 56 § 2. This act shall take effect immediately.