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.