S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9675
 
                           I N  A S S E M B L Y
 
                             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 health  facilities
   and services in correctional facilities
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 1 of section 2801 of the public health law,  as
 amended  by  chapter  397  of  the  laws  of 2016, is amended to read as
 follows:
   1. "Hospital" means a facility or institution engaged  principally  in
 providing services by or under the supervision of a physician or, in the
 case  of  a dental clinic or dental dispensary, of a dentist, or, in the
 case of a midwifery birth center, of  a  midwife,  for  the  prevention,
 diagnosis  or  treatment  of  human  disease, pain, injury, deformity or
 physical condition, including, but not limited to, a  general  hospital,
 public  health center, diagnostic center, treatment center, dental clin-
 ic, dental dispensary, rehabilitation center other than a facility  used
 solely  for vocational rehabilitation, nursing home, tuberculosis hospi-
 tal, chronic  disease  hospital,  maternity  hospital,  midwifery  birth
 center,  lying-in-asylum,  out-patient  department,  out-patient  lodge,
 dispensary, CORRECTIONAL  HEALTH  CARE  FACILITY  and  a  laboratory  or
 central  service facility serving one or more such institutions, but the
 term hospital shall not include  an  institution,  sanitarium  or  other
 facility  engaged  principally in providing services for the prevention,
 diagnosis or treatment of mental disability and which is subject to  the
 powers  of  visitation, examination, inspection and investigation of the
 department of mental hygiene except for those distinct parts of  such  a
 facility  which provide hospital service. The provisions of this article
 shall not apply to a facility  or  institution  engaged  principally  in
 providing  services by or under the supervision of the bona fide members
 and adherents of a recognized  religious  organization  whose  teachings
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD14259-01-8

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 include  reliance on spiritual means through prayer alone for healing in
 the practice of the religion of such organization and where services are
 provided in accordance with those teachings.
   §  2. Section 2801 of the public health law is amended by adding a new
 subdivision 12 to read as follows:
   12. "CORRECTIONAL HEALTH CARE FACILITY" MEANS A FACILITY OR PART OF  A
 FACILITY PROVIDING HEALTH CARE SERVICES TO PERSONS CONFINED IN A CORREC-
 TIONAL  FACILITY  OR  LOCAL  CORRECTIONAL FACILITY, THAT IS OPERATED BY,
 OPERATED  UNDER  CONTRACT  WITH  OR  SUPERVISED  BY  THE  DEPARTMENT  OF
 CORRECTIONS  AND  COMMUNITY  SUPERVISION, BY A COUNTY OR THE CITY OF NEW
 YORK OR BY A CORRECTIONAL FACILITY OR LOCAL  CORRECTIONAL  FACILITY.  AS
 USED IN THIS SUBDIVISION, "CORRECTIONAL FACILITY" AND "LOCAL CORRECTION-
 AL  FACILITY"  SHALL  HAVE  THE  SAME  MEANING  AS IN SECTION TWO OF THE
 CORRECTION LAW, EXCEPT THAT THE EXCLUSION OF  CERTAIN  FACILITIES  UNDER
 PARAGRAPH (B) OF SUBDIVISION FOUR OF THAT SECTION SHALL NOT APPLY.
   §  3. Section 2803 of the public health law is amended by adding a new
 subdivision 12 to read as follows:
   12. (A) THE COMMISSIONER, IN CONSULTATION  WITH  THE  COMMISSIONER  OF
 CORRECTIONS  AND COMMUNITY SUPERVISION, REPRESENTATIVES OF LOCAL CORREC-
 TIONAL FACILITIES, THE COMMISSIONER OF MENTAL HEALTH AND THE COMMISSION-
 ER OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES,  SHALL  MAKE  REGULATIONS
 RELATING  TO  CORRECTIONAL  HEALTH  CARE  FACILITIES, INCLUDING, BUT NOT
 LIMITED TO, THEIR ESTABLISHMENT, CONSTRUCTION, AND OPERATION,  CONSIDER-
 ING  THE  STANDARDS OF STATE AND NATIONAL ORGANIZATIONS KNOWLEDGEABLE IN
 CORRECTIONAL HEALTH CARE SERVICES.
   (B) A CORRECTIONAL HEALTH CARE FACILITY IN OPERATION ON THE  EFFECTIVE
 DATE  OF  THIS  SUBDIVISION  MAY CONTINUE TO OPERATE FOR TWO YEARS AFTER
 SUCH DATE REGARDLESS OF WHETHER IT IS HAS BEEN  ESTABLISHED  UNDER  THIS
 SECTION.
   §  4.  Subdivision  26  of  section  206  of the public health law, as
 amended by section 127-t of subpart B of part C of  chapter  62  of  the
 laws of 2011, 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  corrections and community supervision, 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)]  HEALTH  CARE
 SERVICES  PROVIDED  TO  PERSONS  CONFINED IN THE FACILITY, including the
 prevention of [the transmission] INFECTION OR DISEASE [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] IN RELATION TO the
 general public. In performing such reviews, in order  to  determine  the
 quality  and adequacy of care and treatment provided, department person-
 nel 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, includ-
 ing  patients,  their  families  and patient advocates, of the scheduled
 review and invite them to provide the commissioner with relevant  infor-
 mation.  Upon  the  completion  of such review, the department shall, in

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 writing, approve such policy or practice  as  instituted  in  facilities
 operated by the department of corrections and community supervision, and
 in  any  local  correctional  facility,  or,  based on specific, written
 recommendations,  direct  the  department  of  corrections and community
 supervision, or the authority responsible for the provision  of  medical
 care  to  inmates in local correctional facilities to prepare and imple-
 ment a corrective plan to address deficiencies in areas where such poli-
 cy or practice fails to conform to current, generally  accepted  medical
 standards  and procedures.  The commissioner shall monitor the implemen-
 tation of such corrective plans and shall conduct such  further  reviews
 as  the commissioner deems necessary to ensure that identified deficien-
 cies 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] AND
 SHALL BE POSTED ON THE DEPARTMENT'S WEBSITE IN SEARCHABLE AND DOWNLOADA-
 BLE FORM; PROVIDED THAT PATIENT INDIVIDUAL IDENTIFYING INFORMATION SHALL
 BE KEPT CONFIDENTIAL BY THE COMMISSIONER.  THIS  SUBDIVISION  SHALL  NOT
 DIMINISH ANY OTHER AUTHORITY OR JURISDICTION OF THE COMMISSIONER.
   §  5. This act shall take effect one year after it shall have become a
 law; provided that, effective immediately, the commissioners of  health,
 corrections and community supervision, mental health, and alcoholism and
 substance abuse services shall promulgate rules and regulations and take
 other  actions  reasonably necessary prior to such effective date neces-
 sary to implement the provisions of this act.