Bill Text: NY S01073 | 2019-2020 | General Assembly | Amended

---

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

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Vetoed) 2019-11-25 - VETOED MEMO.155 [S01073 Detail]

Download: New_York-2019-S01073-Amended.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                         1073--A

                               2019-2020 Regular Sessions

                    IN SENATE

                                    January 10, 2019
                                       ___________

        Introduced  by  Sen.  RIVERA -- read twice and ordered printed, and when
          printed to be committed to the Committee on Health -- reported favora-
          bly from said committee and committed to the Committee on  Finance  --
          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;
    19    (v) chronic health conditions including but  not  limited  to  asthma,
    20  diabetes, and heart disease;
    21    (vi) health care services for individuals fifty years of age or older;

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03805-04-9
        S. 1073--A                          2

     1    (vii)  discharge  planning  of health care services including planning
     2  for  discharges  requiring  residential  placement  or  long-term   care
     3  services; and
     4    (viii) substance use disorders.
     5    (b)  Such [review] reviews shall be performed annually and shall focus
     6  on whether such [HIV, AIDS or HCV  policy]  policies  or  [practice  is]
     7  practices are consistent with current, generally accepted medical stand-
     8  ards and procedures [used to prevent the transmission of HIV and HCV and
     9  to treat AIDS, HIV and HCV among the general public]. In performing such
    10  reviews,  in  order  to  determine  the quality and adequacy of care and
    11  treatment provided, department personnel are authorized to enter correc-
    12  tional facilities and inspect policy and procedure manuals  and  medical
    13  protocols,  interview  health  services  providers  and inmate-patients,
    14  review medical  grievances,  and  inspect  a  representative  sample  of
    15  medical records of inmates [known to be infected with HIV or HCV or have
    16  AIDS].  Prior  to  initiating  a  review  of  a correctional system, the
    17  commissioner shall inform the public, including patients, their families
    18  and patient advocates, of  the  scheduled  review  and  invite  them  to
    19  provide the commissioner with relevant information.
    20    (c) Upon the completion of such review, the department shall, in writ-
    21  ing,  approve  such policy or practice as instituted in facilities oper-
    22  ated by the department of corrections and community supervision, and  in
    23  any  local  correctional facility, or, based on specific, written recom-
    24  mendations, direct the department of corrections  and  community  super-
    25  vision,  or  the authority responsible for the provision of medical care
    26  to inmates in local correctional facilities to prepare and  implement  a
    27  corrective  plan  to  address deficiencies in areas where such policy or
    28  practice fails to conform to current, generally accepted medical  stand-
    29  ards  and procedures.  The commissioner shall monitor the implementation
    30  of such corrective plans and shall conduct such further reviews  as  the
    31  commissioner  deems  necessary to ensure that identified deficiencies in
    32  [HIV, AIDS and HCV] policies and practices are  corrected.  All  written
    33  reports pertaining to reviews provided for in this subdivision shall not
    34  contain  individual  patient identifying information and shall be [main-
    35  tained, under such conditions as the commissioner shall  prescribe,  as]
    36  public information [available for public inspection] and shall be posted
    37  on the department's website.
    38    26-a.  (a)  The  department,  in  consultation  with the department of
    39  corrections and community supervision,  shall  biennially  study  health
    40  care  staffing  in  facilities operated by the department of corrections
    41  and community  supervision  and  in  local  correctional  facilities  as
    42  defined in subdivision sixteen of section two of the correction law. The
    43  study shall examine:
    44    (i)  adequacy  of  staffing, including in specialties such as women's,
    45  transgender, and geriatric health care;
    46    (ii) potential  challenges  such  as  salary  adequacy  or  geographic
    47  factors; and
    48    (iii) impact of staffing levels on availability of services.
    49    (b)  The  first  such  study  shall  be completed and submitted to the
    50  governor, the temporary president of the senate, and the speaker of  the
    51  assembly  no later than one year after the effective date of this subdi-
    52  vision.
    53    § 2. This act shall take effect immediately.