S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7522
 
                             I N  S E N A T E
 
                             January 23, 2020
                                ___________
 
 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  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;
   (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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD03805-05-0

 S. 7522                             2
 
 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.