The New York State Senate

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  9044

                          I N  A S S E M B L Y

                            January 10, 2020
                               ___________

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, DARLING -- Multi-Sponsored by --
  M. of A. CRESPO, CROUCH, DeSTEFANO -- read once and  referred  to  the
  Committee on Health

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 ADDICTION SERVICES AND SUPPORTS 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;
  (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;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03805-05-0

A. 9044                             2

  (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.