Senate Bill S1072

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1072
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 10, 2019
                                ___________
 
 Introduced  by  Sen.  RIVERA -- 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 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 section 1 of subpart B of part S of chapter 57 of the laws of
 2018, 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.
              

                                                            LBD03799-01-9

 S. 1072                             2
 
 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. No provision of this arti-
 cle  or  any other provision of law shall be construed to: (a) limit the
 volume of mental health or substance use disorder services that  can  be
 provided  by  a  provider  of  primary care services licensed under this
 article and authorized to provide integrated services in accordance with
 regulations issued by the commissioner in consultation with the  commis-
 sioner of the office of mental health and the commissioner of the office
 of alcoholism and substance abuse services, including regulations issued
 pursuant  to  subdivision seven of section three hundred sixty-five-l of
 the social services law or part L of chapter fifty-six of  the  laws  of
 two thousand twelve; (b) require a provider licensed pursuant to article
 thirty-one  of  the  mental hygiene law or certified pursuant to article
 thirty-two of the mental hygiene law to obtain an operating  certificate
 from  the  department  if  such  provider has been authorized to provide
 integrated services in accordance with regulations issued by the commis-
 sioner in consultation with the commissioner of  the  office  of  mental
 health  and  the  commissioner of the office of alcoholism and substance
 abuse services, including regulations  issued  pursuant  to  subdivision
 seven  of  section three hundred sixty-five-l of the social services law
 or part L of chapter fifty-six of the laws of two thousand twelve.
   § 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

 S. 1072                             3

 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
 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. 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 necessary to implement
 the provisions of this act.