Senate Bill S3344

                                 BILL NUMBER:  S3344

 TITLE OF BILL :
An act to amend the public health law, in relation to including health
care facilities or part of a facility operated or supervised by the
department of correctional services or by local correctional
facilities within the definition of hospital


 PURPOSE :;
To insure that Department of correctional Services 1 (DOCS) medical
facilities are included in the definition of "hospital" under Article
28 of the Public Health Law. Such inclusion would allow these
facilities to be overseen by the New York State Department of Health.

 SUMMARY OF PROVISIONS :
Section One of the bill amends subdivision 1 of section 2801 of the
public health law by including in its definition of "hospital" "all
medical facilities operated or supervised by the department of
correctional services".

 EXISTING LAW :
There is confusion as to whether DOCS medical facilities are included
in Article 28 of the Public Health Law. While the current definition
of "hospital" would seem to include DOCS medical facilities, both the
Department of Health and DOCS have publicly stated the DOCS'
              

facilities are not included under Article 28.

 JUSTIFICATION :
New York State has recognized that hospital and related services
should be of the highest quality and are of vital concern to the
public health. In order to provide for the protection and promotion of
the health of New York citizens, Article 28 of the Public Health Law
was enacted to give the Department of Health the central,
comprehensive responsibility for the development and administration of
the State's policy with respect to hospital and related services. This
includes all public (state, county or municipal) and private
institutions which serve principally as facilities for the prevention,
diagnosis or treatment of human disease, pain, injury, deformity or
physical condition or for the rendering of health related services.
(See Public Health Law § 2800)

Granting Department of Health oversight for these facilities provides
for a uniform standard of quality care across the State. The
definition of "hospital" in Article 28 would seem to include medical
facilities operated or supervised by DOCS. Yet both DOCS and the
Department of Health maintain that DOCS facilities are not included in
the provision.  New York has over 70,000 inmates in DOCS custody in 70
facilities across the State. These inmates are dependent on DOCS for
their medical care.  Inmates, like the rest of New York's citizens,
face a variety of medical needs including, but not limited to,
emergency care, treatment for chronic diseases, physical therapy and
hospice care.

In recent years DOCS has instituted Regional Medical Units (RMUs)
across the State to care for inmates who require long-term or
specialized care.  Further, New York has the highest rate of inmates
known with HIV infection in the country. These inmates require strict
treatment regimens to maintain health. Yet, while DOCS is actively
involved in medical treatment and care they are independent of
Department of Health oversight and need not comply with Department of
Health standards. This legislation would make clear that DOCS
facilities are included in the Article 28 provisions and insure that
inmates receive the uniform standard of care required by the
Department of Health.  Such legislation would also be beneficial to

DOCS by relieving some of the administrative burdens associated with
maintaining these facilities.

 LEGISLATIVE HISTORY :
2001-2002: Similar bill, 3.6033 died in Crimes Victims, Crime and
Corrections
2003-2004: S.3988 died in Senate Health Committee
2005-2006: S.2819 died in Senate Health Committee

 FISCAL IMPLICATIONS :
Minimal.

 LOCAL FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
This act shall take effect one year after it shall have become a law.