Assembly Bill A10284

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10284
 
                           I N  A S S E M B L Y
 
                               May 13, 2022
                                ___________
 
 Introduced  by  COMMITTEE  ON  RULES -- (at request of M. of A. Cruz) --
   read once and referred to the Committee on Cities
 
 AN ACT to amend the administrative code of the  city  of  New  York,  in
   relation  to requiring the New York city department of corrections and
   the New York city health and hospitals  corporation  to  adopt  safety
   policies and training to protect health care workers

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The administrative code of the city of New York is  amended
 by adding a new section 9-162 to read as follows:
   §  9-162 HEALTH CARE WORKER SAFETY POLICY; REPORTS. A. DEFINITIONS. AS
 USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEAN-
 INGS:
   1. "CORRECTIONAL HEALTH SERVICES" MEANS THE DIVISION OF THE  NEW  YORK
 CITY  HEALTH  AND  HOSPITALS CORPORATION RESPONSIBLE FOR THE DELIVERY OF
 HEALTH AND MENTAL HEALTH SERVICES TO  INCARCERATED  INDIVIDUALS  IN  THE
 CUSTODY  OF  THE DEPARTMENT, AND ANY OTHER HEALTH CARE ENTITY DESIGNATED
 BY THE CITY OF NEW YORK AS THE AGENCY OR AGENCIES RESPONSIBLE FOR HEALTH
 SERVICES FOR INCARCERATED INDIVIDUALS IN THE CARE  AND  CUSTODY  OF  THE
 DEPARTMENT, INCLUDING AN OUTSIDE PROVIDER SHARING SUCH RESPONSIBILITIES.
   2.  "HEALTH  CARE WORKER" MEANS A HEALTH CARE PROFESSIONAL EMPLOYED BY
 CORRECTIONAL HEALTH SERVICES OR ANOTHER ENTITY  DESCRIBED  IN  PARAGRAPH
 ONE  OF THIS SUBDIVISION WHO REGULARLY PROVIDES HEALTH AND MENTAL HEALTH
 SERVICES TO INCARCERATED INDIVIDUALS IN THE CUSTODY OF THE DEPARTMENT.
   3. "HOSPITALS CORPORATION" OR "CORPORATION" MEANS THE  NEW  YORK  CITY
 HEALTH AND HOSPITALS CORPORATION.
   4.  "SPECIAL  OFFICER"  MEANS  A  PEACE  OFFICER APPOINTED PURSUANT TO
 SUBDIVISION FORTY OF SECTION 2.10 OF  THE  CRIMINAL  PROCEDURE  LAW  AND
 EMPLOYED  BY THE CITY OF NEW YORK OR THE NEW YORK CITY HEALTH AND HOSPI-
 TALS CORPORATION TO PERFORM THE PATROL, INVESTIGATION,  AND  MAINTENANCE
 OF  THE  PEACE  DUTIES  OF  SPECIAL  OFFICER, SENIOR SPECIAL OFFICER AND
 HOSPITAL SECURITY OFFICER.
   B. HEALTH CARE WORKER SAFETY POLICY. 1.  THE  DEPARTMENT,  IN  COLLAB-
 ORATION  WITH CORRECTIONAL HEALTH SERVICES SHALL DEVELOP AND IMPLEMENT A
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14128-02-1
 A. 10284                            2
 
 JOINT HEALTH CARE WORKER SAFETY POLICY TO PROTECT  HEALTH  CARE  WORKERS
 FROM  ASSAULT  AND  OTHER  VIOLENT  INCIDENTS  DURING  THE  PROVISION OF
 SERVICES TO INCARCERATED INDIVIDUALS.  SUCH  POLICY  SHALL  ESTABLISH  A
 MINIMUM  STANDARD  OF CARE FOR HEALTH CARE WORKER SAFETY WHICH SHALL, AT
 MINIMUM:
   2. REQUIRE YEARLY TRAINING FOR ALL UNIFORMED STAFF OF  THE  DEPARTMENT
 AND  ALL  SPECIAL OFFICERS AS DEFINED IN PARAGRAPH FOUR OF SUBDIVISION A
 OF THIS SECTION REGARDING  MINIMUM  STANDARDS  NECESSARY  TO  SECURE  AN
 INCARCERATED INDIVIDUAL IN THE PRESENCE OF A HEALTH CARE WORKER.
   3. ESTABLISH PROTOCOLS FOR REQUIRING UNIFORMED STAFF OF THE DEPARTMENT
 AND  ALL  SPECIAL OFFICERS TO INFORM ALL HEALTH CARE WORKERS WHO WILL OR
 ARE LIKELY TO COME INTO CONTACT WITH AN INCARCERATED INDIVIDUAL  WITH  A
 HISTORY  OF  VIOLENT  OR AGGRESSIVE BEHAVIOR WHENEVER SUCH INDIVIDUAL IS
 ADMITTED TO A HOSPITAL OR OTHER MEDICAL FACILITY.
   C. REPORTING. 1. NO LATER THAN NINETY DAYS AFTER THE EFFECTIVE DATE OF
 THIS SECTION, AND  EVERY  SIX  MONTHS  THEREAFTER,  THE  DEPARTMENT  AND
 CORRECTIONAL  HEALTH SERVICES SHALL PUBLISH A JOINT REPORT ON THE HEALTH
 CARE WORKER SAFETY POLICY, WHICH SHALL INCLUDE BUT NOT BE LIMITED  TO  A
 REVIEW  OF ANY NEW RULES AND REGULATIONS PROMULGATED OR AMENDED PURSUANT
 THERETO, AND AN EVALUATION OF COMPLIANCE WITH THE POLICY AT EACH CORREC-
 TIONAL FACILITY AND ANY MEDICAL FACILITY SUBJECT TO  THE  PROVISIONS  OF
 THIS CHAPTER.
   2.  NO LATER THAN NINE MONTHS AFTER THE EFFECTIVE DATE OF THIS SECTION
 AND ANNUALLY, THE DEPARTMENT  AND  CORRECTIONAL  HEALTH  SERVICES  SHALL
 PREPARE  AND  SUBMIT  A  REPORT  TO  THE  LEGISLATURE. SUCH REPORT SHALL
 INCLUDE A COPY OF EVERY JOINT REPORT PUBLISHED PURSUANT TO PARAGRAPH TWO
 OF THIS SUBDIVISION DURING THE TWELVE MONTHS PRECEDING THE DATE ON WHICH
 THE REPORT REQUIRED PURSUANT TO THIS PARAGRAPH IS DUE  AND  ANY  RELATED
 MATERIALS,  TOGETHER  WITH  ANY RECOMMENDATIONS OR PROPOSALS RELATING TO
 HEALTH CARE WORKER SAFETY.   SUCH REPORT SHALL INCLUDE  AN  ANALYSIS  OF
 WHETHER  CERTAIN  PUNITIVE  MEASURES,  INCLUDING  BUT NOT LIMITED TO THE
 IMPOSITION OF A HIGHER MAXIMUM SENTENCE OF IMPRISONMENT FOR ASSAULT ON A
 HEALTH CARE WORKER BY AN INCARCERATED INDIVIDUAL, AND/OR PROVISIONS  FOR
 THE EXTENSION OF SUCH AN INDIVIDUAL'S CURRENT SENTENCE SHOULD BE CONSID-
 ERED BY THE LEGISLATURE AS A DETERRENT TO SUCH ASSAULTS.
   D.  PRIVATE  RIGHT  OF  ACTION. 1. THE DEPARTMENT, THE CORPORATION, OR
 BOTH SUCH DEPARTMENT AND CORPORATION SHALL BE LIABLE FOR DAMAGES TO  ANY
 HEALTH  CARE  WORKER  WHO SUFFERS INJURIES AS A RESULT OF ANY FAILURE TO
 ENFORCE OR COMPLY WITH MINIMUM STANDARDS OF CARE ESTABLISHED PURSUANT TO
 SUBDIVISION B OF THIS SECTION.
   2. A HEALTH CARE WORKER AGGRIEVED BY A VIOLATION OF PARAGRAPH  ONE  OF
 THIS SUBDIVISION AND SUBDIVISION B OF THIS SECTION SHALL HAVE A CAUSE OF
 ACTION  IN  ANY  COURT OF COMPETENT JURISDICTION AGAINST THE DEPARTMENT,
 THE CORPORATION OR BOTH SUCH DEPARTMENT AND CORPORATION.
   § 2. This act shall take effect immediately.