Assembly Bill A1130A

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1130--A
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 14, 2019
                                ___________
 
 Introduced  by  M.  of A. GOTTFRIED, WEPRIN, L. ROSENTHAL, ORTIZ, SIMON,
   DICKENS,  ARROYO,  JAFFEE,  D'URSO,  DE LA ROSA,   ABINANTI,   LAVINE,
   PEOPLES-STOKES, MOSLEY, AUBRY, WRIGHT, PICHARDO, STECK, COOK, WALLACE,
   WILLIAMS,   DAVILA,  BICHOTTE,  TAYLOR,  NIOU,  SEAWRIGHT,  McDONOUGH,
   MONTESANO, BARRON, FERNANDEZ, SAYEGH, RAYNOR -- Multi-Sponsored by  --
   M.  of  A.  CRESPO, CROUCH, DeSTEFANO -- read once and referred to the
   Committee on Health -- reported and referred to the Committee on  Ways
   and  Means -- 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:
 
   Section 1. 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 and a new subdivision 26-a is added to read  as
 follows:
   26.  (A)  The  commissioner [is hereby authorized and directed to], IN
 CONSULTATION WITH THE COMMISSIONER OF  ALCOHOLISM  AND  SUBSTANCE  ABUSE
 SERVICES  IN  RELATION  TO  SUBPARAGRAPH (VIII) OF THIS PARAGRAPH, SHALL
 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:
   (I) human immunodeficiency virus (HIV)[,] AND acquired immunodeficien-
 cy  syndrome  (AIDS), [and] INCLUDING THE PREVENTION AND TRANSMISSION OF
 HIV AND THE TREATMENT OF AIDS;
   (II) hepatitis C (HCV) including the prevention of the transmission of
 [HIV and HCV and the treatment of AIDS, HIV and] HCV [among inmates];
   (III) WOMEN'S HEALTH;
   (IV) TRANSGENDER HEALTH;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD03805-03-9

 A. 1130--A                          2
 
   (V) CHRONIC HEALTH CONDITIONS INCLUDING BUT  NOT  LIMITED  TO  ASTHMA,
 DIABETES, AND HEART DISEASE;
   (VI) HEALTH CARE SERVICES FOR INDIVIDUALS FIFTY YEARS OF AGE OR OLDER;
   (VII)  DISCHARGE  PLANNING  OF HEALTH CARE SERVICES INCLUDING PLANNING
 FOR  DISCHARGES  REQUIRING  RESIDENTIAL  PLACEMENT  OR  LONG-TERM   CARE
 SERVICES; AND
   (VIII) SUBSTANCE USE DISORDERS.
   (B)  Such [review] REVIEWS shall be performed annually and shall focus
 on whether such [HIV, AIDS or HCV  policy]  POLICIES  or  [practice  is]
 PRACTICES ARE consistent with current, generally accepted medical stand-
 ards 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 correc-
 tional 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  scheduled  review  and  invite  them  to
 provide the commissioner with relevant information.
   (C) Upon the completion of such review, the department shall, in writ-
 ing,  approve  such policy or practice as instituted in facilities oper-
 ated by the department of corrections and community supervision, and  in
 any  local  correctional facility, or, based on specific, written recom-
 mendations, direct the department of corrections  and  community  super-
 vision,  or  the authority responsible for the provision of medical care
 to inmates in local correctional facilities 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 NOT
 CONTAIN  INDIVIDUAL  PATIENT IDENTIFYING INFORMATION AND shall be [main-
 tained, under such conditions as the commissioner shall  prescribe,  as]
 public information [available for public inspection] AND SHALL BE POSTED
 ON THE DEPARTMENT'S WEBSITE.
   26-A.  (A)  THE  DEPARTMENT,  IN  CONSULTATION  WITH THE DEPARTMENT OF
 CORRECTIONS AND COMMUNITY SUPERVISION,  SHALL  BIENNIALLY  STUDY  HEALTH
 CARE  STAFFING  IN  FACILITIES OPERATED BY THE DEPARTMENT OF CORRECTIONS
 AND COMMUNITY  SUPERVISION  AND  IN  LOCAL  CORRECTIONAL  FACILITIES  AS
 DEFINED IN SUBDIVISION SIXTEEN OF SECTION TWO OF THE CORRECTION LAW. THE
 STUDY SHALL EXAMINE:
   (I)  ADEQUACY  OF  STAFFING, INCLUDING IN SPECIALTIES SUCH AS WOMEN'S,
 TRANSGENDER, AND GERIATRIC HEALTH CARE;
   (II) POTENTIAL  CHALLENGES  SUCH  AS  SALARY  ADEQUACY  OR  GEOGRAPHIC
 FACTORS; AND
   (III) IMPACT OF STAFFING LEVELS ON AVAILABILITY OF SERVICES.
   (B)  THE  FIRST  SUCH  STUDY  SHALL  BE COMPLETED AND SUBMITTED TO THE
 GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, AND THE SPEAKER OF  THE
 ASSEMBLY  NO LATER THAN ONE YEAR AFTER THE EFFECTIVE DATE OF THIS SUBDI-
 VISION.
   § 2. This act shall take effect immediately.