Bill Text: NY A09676 | 2017-2018 | General Assembly | Introduced

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Bill Title: Expands the health department's review of correctional health services.

Spectrum: Strong Partisan Bill (Democrat 30-2)

Status: (Introduced - Dead) 2018-02-06 - reported referred to codes [A09676 Detail]

Download: New_York-2017-A09676-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          9676
                   IN ASSEMBLY
                                    January 31, 2018
                                       ___________
        Introduced  by  M.  of  A.  GOTTFRIED,  WEPRIN,  ORTIZ,  SIMON, DICKENS,
          SEPULVEDA, McDONALD, ARROYO,  JAFFEE,  D'URSO,  DE LA ROSA,  ABINANTI,
          LAVINE,  ERRIGO,  PEOPLES-STOKES, MOSLEY, AUBRY, PELLEGRINO, WRIGHT --
          Multi-Sponsored by -- M. of A. CROUCH -- read once and referred 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] shall
     6  review any policy or practice instituted in facilities operated  by  the
     7  department  of  corrections  and community supervision, and in all local
     8  correctional facilities, as defined in subdivision  sixteen  of  section
     9  two of the correction law, regarding:
    10    (i) human immunodeficiency virus (HIV)[,] and acquired immunodeficien-
    11  cy  syndrome  (AIDS), [and] including the prevention and transmission of
    12  HIV and the treatment of AIDS;
    13    (ii) hepatitis C (HCV) including the prevention of the transmission of
    14  [HIV and HCV and the treatment of AIDS, HIV and] HCV [among inmates];
    15    (iii) women's health;
    16    (iv) transgender health;
    17    (v) chronic health conditions including but  not  limited  to  asthma,
    18  diabetes, and heart disease;
    19    (vi) health care services for individuals fifty years of age or older;
    20  and
    21    (vii)  discharge  planning  of health care services including planning
    22  for  discharges  requiring  residential  placement  or  long-term   care
    23  services.
    24    (b)  Such [review] reviews shall be performed annually and shall focus
    25  on whether such [HIV, AIDS or HCV  policy]  policies  or  [practice  is]
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14258-01-8
        A. 9676                             2
     1  practices are consistent with current, generally accepted medical stand-
     2  ards and procedures [used to prevent the transmission of HIV and HCV and
     3  to treat AIDS, HIV and HCV among the general public]. In performing such
     4  reviews,  in  order  to  determine  the quality and adequacy of care and
     5  treatment provided, department personnel are authorized to enter correc-
     6  tional facilities and inspect policy and procedure manuals  and  medical
     7  protocols,  interview  health  services  providers  and inmate-patients,
     8  review medical  grievances,  and  inspect  a  representative  sample  of
     9  medical records of inmates [known to be infected with HIV or HCV or have
    10  AIDS].  Prior  to  initiating  a  review  of  a correctional system, the
    11  commissioner shall inform the public, including patients, their families
    12  and patient advocates, of  the  scheduled  review  and  invite  them  to
    13  provide the commissioner with relevant information.
    14    (c) Upon the completion of such review, the department shall, in writ-
    15  ing,  approve  such policy or practice as instituted in facilities oper-
    16  ated by the department of corrections and community supervision, and  in
    17  any  local  correctional facility, or, based on specific, written recom-
    18  mendations, direct the department of corrections  and  community  super-
    19  vision,  or  the authority responsible for the provision of medical care
    20  to inmates in local correctional facilities to prepare and  implement  a
    21  corrective  plan  to  address deficiencies in areas where such policy or
    22  practice fails to conform to current, generally accepted medical  stand-
    23  ards  and procedures.  The commissioner shall monitor the implementation
    24  of such corrective plans and shall conduct such further reviews  as  the
    25  commissioner  deems  necessary to ensure that identified deficiencies in
    26  [HIV, AIDS and HCV] policies and practices are  corrected.  All  written
    27  reports pertaining to reviews provided for in this subdivision shall not
    28  contain  individual  patient identifying information and shall be [main-
    29  tained, under such conditions as the commissioner shall  prescribe,  as]
    30  public information [available for public inspection] and shall be posted
    31  on the department's website.
    32    26-a.  (a)  The  department,  in  consultation  with the department of
    33  corrections and community supervision,  shall  biennially  study  health
    34  care  staffing  in  facilities operated by the department of corrections
    35  and community  supervision  and  in  local  correctional  facilities  as
    36  defined in subdivision sixteen of section two of the correction law. The
    37  study shall examine:
    38    (i)  adequacy  of  staffing, including in specialties such as women's,
    39  transgender, and geriatric health care;
    40    (ii) potential  challenges  such  as  salary  adequacy  or  geographic
    41  factors; and
    42    (iii) impact of staffing levels on availability of services.
    43    (b)  The  first  such  study  shall  be completed and submitted to the
    44  governor, the temporary president of the senate, and the speaker of  the
    45  assembly no later than two years and six months after the effective date
    46  of this subdivision.
    47    § 2. This act shall take effect immediately.