NY State Senate Bill 2009-S3842

Senate Bill S3842

Signed By Governor

2009-2010 Legislative Session

Provides for review by the department of health of policies and practices regarding HIV, AIDS and HCV at correctional facilities

download bill text pdf

Archive: Last Bill Status Via A903 - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Sep 16, 2009	signed chap.419
Sep 04, 2009	delivered to governor
Jul 16, 2009	returned to assembly passed senate 3rd reading cal.914 substituted for s3842
Jul 16, 2009	substituted by a903 ordered to third reading cal.914 committee discharged and committed to rules
May 05, 2009	reported and committed to finance
Apr 02, 2009	referred to health

Votes

- Jul 16, 2009 - Floor Vote
  A903
  
  57
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  5
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jul 16, 2009
      
      aye (57)
      
      Adams
      
      Addabbo Jr.
      
      Alesi
      
      Aubertine
      
      Bonacic
      
      Breslin
      
      DeFrancisco
      
      Dilan
      
      Duane
      
      Espada
      
      Farley
      
      Flanagan
      
      Fuschillo
      
      Golden
      
      Griffo
      
      Hannon
      
      Hassell-Thompson
      
      Huntley
      
      Johnson
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Leibell
      
      Libous
      
      Little
      
      Marcellino
      
      Maziarz
      
      McDonald
      
      Monserrate
      
      Montgomery
      
      Morahan
      
      Nozzolio
      
      Onorato
      
      Oppenheimer
      
      Padavan
      
      Parker
      
      Perkins
      
      Ranzenhofer
      
      Robach
      
      Saland
      
      Sampson
      
      Savino
      
      Schneiderman
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Stachowski
      
      Stavisky
      
      Stewart-Cousins
      
      Thompson
      
      Valesky
      
      Volker
      
      Winner
      
      Young
      
      excused (5)
      
      Diaz
      
      Foley
      
      Johnson
      
      Kruger
      
      Squadron
  Jul 16, 2009 - Rules Committee Vote
  S3842
  
  18
  
  Aye
  
  0
  
  Nay
  
  5
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jul 16, 2009
      
      aye (18)
      
      Dilan
      
      Duane
      
      Espada
      
      Hassell-Thompson
      
      Klein
      
      Krueger
      
      Larkin
      
      Monserrate
      
      Montgomery
      
      Padavan
      
      Parker
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Stachowski
      
      Stewart-Cousins
      
      Valesky
      
      aye wr (5)
      
      Farley
      
      Hannon
      
      LaValle
      
      Saland
      
      Volker
      
      excused (1)
      
      Johnson

co-Sponsors

2009-S3842 (ACTIVE) - Details

See Assembly Version of this Bill:: A903
Law Section:: Public Health Law
Laws Affected:: Amd §206, Pub Health L

2009-S3842 (ACTIVE) - Summary

Authorizes and directs the department of health to review any policy or practice instituted in facilities operated by the department of correctional services and in local correctional facilities regarding human immunodeficiency virus (HIV), acquired immunodeficiency syndrome (AIDS), and hepatitis C including the prevention of the transmission of HIV, HCV and the treatment of AIDS among inmates.

2009-S3842 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S3842

 TITLE OF BILL :
An act to amend the public health law, in relation to department of
health review of policies and practices in facilities operated by the
department of correctional services, and in local correctional
facilities regarding human immunodeficiency virus, acquired
immunodeficiency syndrome and hepatitis C


 PURPOSE :
Provides for a review by the Department of Health of policies and
practices of medical facilities within the Department of Correctional
Services and in local correctional facilities regarding HN, AIDS, and
hepatitis C (HCY).

 SUMMARY OF PROVISIONS :
Section 1. Provides for a review by the Department of Health of
policies and practices of medical facilities within the Department of
Correctional Services regarding HIY, AIDS, and hepatitis C (HCY). DOH
would have the authority to require correction of deficiencies that
are contrary to professional standards.

Section 2. Provides for a review by the Department of Health of
policies and practices of medical facilities in local correctional
facilities regarding HIY, AIDS, and hepatitis C (HCY).

Section 3. Effective Date.

 EXISTING LAW :
None.

 JUSTIFICATION :
Of the 66,800 inmates in the custody of the Department of Correctional
Services (DOCS), approximately 10,000 are infected with hepatitis C
and more than 4,000 are HIV-infected. Incarceration provides an
opportunity to test, treat and educate this population that has not
had sufficient access to health care prior to incarceration but has
experienced high incidences of chronic diseases, mental illness and
substance abuse problems.  Each year, approximately 29,000 inmates
return to the community.  providing essential medical care to these
inmates is not only crucial to their well being, but also to their
families, communities and the correctional staff with whom they come
in contact.

 LEGISLATIVE HISTORY :
This is a new bill.

 FISCAL IMPLICATIONS :
To be determined.

 LOCAL FISCAL IMPLICATIONS :
To be determined.

 EFFECTIVE DATE :
Section 1 is effective immediately. Section 2 is effective two years
after the act shall become law.

2009-S3842 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3842

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              April 2, 2009
                               ___________

Introduced  by  Sen.  DUANE  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Health

AN ACT to amend the public health law,  in  relation  to  department  of
  health  review of policies and practices in facilities operated by the
  department of correctional services, and in local correctional facili-
  ties regarding human immunodeficiency virus, acquired immunodeficiency
  syndrome and hepatitis C

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 206 of the public health law is amended by adding a
new subdivision 26 to read as follows:
  26.  THE  COMMISSIONER IS HEREBY AUTHORIZED AND DIRECTED TO REVIEW ANY
POLICY OR PRACTICE INSTITUTED IN FACILITIES OPERATED BY  THE  DEPARTMENT
OF  CORRECTIONAL  SERVICES REGARDING HUMAN IMMUNODEFICIENCY VIRUS (HIV),
ACQUIRED IMMUNODEFICIENCY SYNDROME (AIDS), AND HEPATITIS C (HCV) INCLUD-
ING THE PREVENTION OF THE TRANSMISSION OF HIV AND HCV AND THE  TREATMENT
OF AIDS, HIV AND HCV AMONG INMATES. SUCH REVIEW SHALL BE PERFORMED ANNU-
ALLY AND SHALL FOCUS ON WHETHER SUCH HIV, AIDS OR HCV POLICY OR PRACTICE
IS  CONSISTENT  WITH  CURRENT,  GENERALLY ACCEPTED MEDICAL STANDARDS AND
PROCEDURES USED TO PREVENT THE TRANSMISSION OF HIV AND HCV AND TO  TREAT
AIDS,  HIV AND HCV AMONG THE GENERAL PUBLIC. IN PERFORMING SUCH REVIEWS,
IN ORDER TO DETERMINE THE QUALITY AND ADEQUACY  OF  CARE  AND  TREATMENT
PROVIDED,  DEPARTMENT  PERSONNEL  ARE  AUTHORIZED  TO ENTER CORRECTIONAL
FACILITIES AND INSPECT POLICY AND PROCEDURE MANUALS AND  MEDICAL  PROTO-
COLS,  INTERVIEW  HEALTH  SERVICES PROVIDERS AND INMATE-PATIENTS, REVIEW
MEDICAL GRIEVANCES, AND  INSPECT  A  REPRESENTATIVE  SAMPLE  OF  MEDICAL
RECORDS  OF  INMATES  KNOWN TO BE INFECTED WITH HIV OR HCV OR HAVE AIDS.
PRIOR TO INITIATING A REVIEW OF A CORRECTIONAL SYSTEM, THE  COMMISSIONER
SHALL  INFORM THE PUBLIC, INCLUDING PATIENTS, THEIR FAMILIES AND PATIENT
ADVOCATES, OF THE SCHEDULED  REVIEW  AND  INVITE  THEM  TO  PROVIDE  THE
COMMISSIONER  WITH  RELEVANT  INFORMATION.  UPON  THE COMPLETION OF SUCH

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00355-01-9

S. 3842                             2

REVIEW, THE DEPARTMENT SHALL, IN WRITING, APPROVE SUCH POLICY  OR  PRAC-
TICE  AS  INSTITUTED IN FACILITIES OPERATED BY THE DEPARTMENT OF CORREC-
TIONAL SERVICES OR, BASED ON SPECIFIC, WRITTEN  RECOMMENDATIONS,  DIRECT
THE  DEPARTMENT  OF  CORRECTIONAL  SERVICES  TO  PREPARE AND IMPLEMENT A
CORRECTIVE PLAN TO ADDRESS DEFICIENCIES IN AREAS WHERE  SUCH  POLICY  OR
PRACTICE  FAILS TO CONFORM TO CURRENT, GENERALLY ACCEPTED MEDICAL STAND-
ARDS AND PROCEDURES. THE COMMISSIONER SHALL MONITOR  THE  IMPLEMENTATION
OF  SUCH  CORRECTIVE PLANS AND SHALL CONDUCT SUCH FURTHER REVIEWS AS THE
COMMISSIONER DEEMS NECESSARY TO ENSURE THAT IDENTIFIED  DEFICIENCIES  IN
HIV,  AIDS  AND  HCV  POLICIES  AND PRACTICES ARE CORRECTED. ALL WRITTEN
REPORTS PERTAINING TO REVIEWS PROVIDED FOR IN THIS SUBDIVISION SHALL  BE
MAINTAINED,  UNDER  SUCH CONDITIONS AS THE COMMISSIONER SHALL PRESCRIBE,
AS PUBLIC INFORMATION AVAILABLE FOR PUBLIC INSPECTION.
  S 2. Subdivision 26 of section 206 of the public health law, as  added
by section one of this act, is amended to read as follows:
  26.  The  commissioner is hereby authorized and directed to review any
policy or practice instituted in facilities operated by  the  department
of  correctional  services, AND IN ALL LOCAL CORRECTIONAL FACILITIES, AS
DEFINED IN SUBDIVISION SIXTEEN OF SECTION TWO  OF  THE  CORRECTION  LAW,
regarding  human immunodeficiency virus (HIV), acquired immunodeficiency
syndrome (AIDS), and hepatitis C (HCV) including the prevention  of  the
transmission of HIV and HCV and the treatment of AIDS, HIV and HCV among
inmates.  Such  review  shall  be  performed annually and shall focus on
whether such HIV, AIDS or HCV policy  or  practice  is  consistent  with
current,  generally  accepted  medical  standards and procedures used to
prevent the transmission of HIV and HCV and to treat AIDS, HIV  and  HCV
among the general public. In performing such reviews, in order to deter-
mine the quality and adequacy of care and treatment provided, department
personnel  are  authorized  to enter correctional facilities and inspect
policy and procedure manuals and  medical  protocols,  interview  health
services  providers  and inmate-patients, review medical grievances, and
inspect a representative sample of medical records of inmates  known  to
be  infected with HIV or HCV or have AIDS.  Prior to initiating a review
of a correctional system, the  commissioner  shall  inform  the  public,
including  patients, their families and patient advocates, of the sched-
uled review and invite them to provide the  commissioner  with  relevant
information.  Upon  the completion of such review, the department shall,
in writing, approve such policy or practice as instituted in  facilities
operated  by  the  department of correctional services, AND IN ANY LOCAL
CORRECTIONAL FACILITY, or, based on specific,  written  recommendations,
direct the department of correctional services, OR THE AUTHORITY RESPON-
SIBLE FOR THE PROVISION OF MEDICAL CARE TO INMATES IN LOCAL CORRECTIONAL
FACILITIES  to  prepare and implement a corrective plan to address defi-
ciencies in areas where such policy or  practice  fails  to  conform  to
current,  generally  accepted  medical  standards  and  procedures.  The
commissioner shall monitor the implementation of such  corrective  plans
and  shall conduct such further reviews as the commissioner deems neces-
sary to ensure that identified deficiencies in HIV, AIDS and  HCV  poli-
cies  and  practices  are  corrected.  All written reports pertaining to
reviews provided for in this subdivision shall be maintained, under such
conditions as the commissioner shall prescribe,  as  public  information
available for public inspection.
  S  3.  This  act shall take effect immediately; provided, however that
the amendments to subdivision 26 of section 206 of the public health law
made by section two of this act shall take effect two years  after  this
act shall have become a law.

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Senate Bill S3842

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Sponsored By

Thomas K. Duane