S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8315
 
                             I N  S E N A T E
 
                               May 11, 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 review of policies
   and practices relating to any infectious disease outbreak  in  correc-
   tional  facilities,  including  the  treatment  and  prevention of the
   disease among inmates and staff

   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 to read as follows:
   26.  (A)  The commissioner is hereby authorized and directed to review
 any policy or practice instituted in facilities operated by the  depart-
 ment  of corrections and community supervision, and in all local correc-
 tional 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 OF THE TRANSMISSION
 OF HIV AND TREATMENT OF AIDS AMONG INMATES;
   (II) hepatitis C (HCV) including the TREATMENT AND prevention  of  the
 transmission  of  [HIV  and  HCV and the treatment of AIDS, HIV and] HCV
 among inmates; AND
   (III) ANY INFECTIOUS DISEASE OUTBREAK  IN  A  FACILITY  OR  AMONG  THE
 GENERAL  PUBLIC,  INCLUDING  THE TREATMENT AND PREVENTION OF THE DISEASE
 AMONG INMATES AND STAFF.
   (B) Such [review] REVIEWS shall be performed  annually,  AND,  IN  THE
 CASE  OF AN INFECTIOUS DISEASE OUTBREAK, WITHIN FORTY-EIGHT HOURS OF THE
 OUTBREAK AND CONTINUALLY DURING THE OUTBREAK, and shall focus on whether
 such [HIV, AIDS or HCV policy or practice is] POLICIES AND PRACTICES ARE
 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 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 correctional
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD16343-01-0

 S. 8315                             2
 
 facilities and inspect policy and procedure manuals and  medical  proto-
 cols,  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.  Upon  the completion of such
 review, the department shall, in writing, approve such [policy or  prac-
 tice] POLICIES AND PRACTICES 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 implement a corrective plan
 to  address  deficiencies in areas where such [policy or practice fails]
 POLICIES AND PRACTICES FAIL to conform to  current,  generally  accepted
 medical  standards  [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.
   (C)  IN THE CASE OF A REVIEW UNDER SUBPARAGRAPH (III) OF PARAGRAPH (A)
 OF THIS SUBDIVISION, THE COMMISSIONER SHALL, IN  CONSULTATION  WITH  THE
 COMMISSIONER OF CORRECTIONS AND COMMUNITY SUPERVISION AND WITH THE COUN-
 TY AND CITY OF NEW YORK OFFICIAL IN CHARGE OF THE COUNTY OR CITY'S LOCAL
 CORRECTIONAL  FACILITIES,  MONITOR THE OUTBREAK AND ENSURE THAT ADEQUATE
 PERSONAL PROTECTIVE EQUIPMENT IS AVAILABLE TO STAFF AND INMATES AND THAT
 INMATES ARE NOT INAPPROPRIATELY CONFINED TO THEIR  CELLS  OR  PLACED  IN
 SEGREGATED CONFINEMENT. THE COMMISSIONER SHALL MAKE AND UPDATE RECOMMEN-
 DATIONS  ON  WHETHER  ANY  OF  THE  FOLLOWING ACTIONS SHOULD BE TAKEN TO
 PROTECT INMATES AND STAFF:
   (I) EARLY RELEASE OF CERTAIN INMATES;
   (II) MEDICAL PAROLE FOR CERTAIN INMATES; AND
   (III) TRANSFER OF CERTAIN INMATES TO APPROPRIATE  MEDICAL  FACILITIES.
 RECOMMENDATIONS  OF THE COMMISSIONER SHALL BE IMPLEMENTED AS RECOMMENDED
 BY THE COMMISSIONER AND THE COMMISSIONER SHALL MONITOR  THE  IMPLEMENTA-
 TION OF THE RECOMMENDATIONS.
   (D)  All written reports pertaining to reviews AND MONITORING provided
 for in this subdivision shall be maintained, under  such  conditions  as
 the  commissioner  shall  prescribe, as public information available for
 public inspection.
   § 2. This act shall take effect immediately.