The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6386--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 16, 2021
                                ___________
 
 Introduced  by M. of A. GOTTFRIED, WEPRIN, L. ROSENTHAL, SIMON, DICKENS,
   ABINANTI,  LAVINE,  PEOPLES-STOKES,  AUBRY,  STECK,   COOK,   WALLACE,
   WILLIAMS,  DAVILA,  BICHOTTE HERMELYN,  TAYLOR, NIOU, SEAWRIGHT, McDO-
   NOUGH, MONTESANO, FERNANDEZ, SAYEGH, DARLING -- Multi-Sponsored by  --
   M.  of  A.  DeSTEFANO  --  read  once and referred to the Committee on
   Health -- reported and referred to the Committee on Ways and Means  --
   recommitted  to  the  Committee  on  Ways and Means in accordance with
   Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
   reprinted as amended and recommitted to said committee
 
 AN ACT to amend the public health law, in relation to  expanding  review
   of  correctional  health  services and health care staffing at correc-
   tional facilities
 
   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
 separately amended by chapters 45 and  322  of  the  laws  of  2021,  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 (X) 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)[,];
   (II) hepatitis C (HCV)[, and];
   (III) COVID-19[, including the prevention of the transmission  of  and
 the  treatment  of such infections and diseases among incarcerated indi-
 viduals];
   (IV) EMERGING INFECTIOUS DISEASES;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09888-02-2

 A. 6386--A                          2
 
   (V) WOMEN'S HEALTH;
   (VI) TRANSGENDER HEALTH;
   (VII)  CHRONIC  HEALTH CONDITIONS INCLUDING BUT NOT LIMITED TO ASTHMA,
 DIABETES, AND HEART DISEASE;
   (VIII) HEALTH CARE SERVICES FOR INDIVIDUALS  FIFTY  YEARS  OF  AGE  OR
 OLDER;
   (IX) DISCHARGE PLANNING OF HEALTH CARE SERVICES INCLUDING PLANNING FOR
 DISCHARGES  REQUIRING  RESIDENTIAL PLACEMENT OR LONG-TERM CARE SERVICES;
 AND
   (X) SUBSTANCE USE DISORDERS.
   (B) Such [review] REVIEWS shall be performed at  least  annually,  and
 shall  focus  on  whether such [policy or practice is] POLICIES OR PRAC-
 TICES ARE consistent with current, generally accepted medical  standards
 and  procedures  used  to prevent the transmission of and to treat those
 infections and diseases 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 incarcerated indivi-
 dual-patients, review medical grievances, and inspect  a  representative
 sample  of  medical  records  of  incarcerated  individuals  known to be
 infected with any such infections or diseases.  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  rele-
 vant 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 incarcerated individuals 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  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 those 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.
   (D)  AS  USED IN THIS SUBDIVISION, "EMERGING INFECTIOUS DISEASE" MEANS
 AN INFECTION THAT HAS INCREASED RECENTLY OR IS THREATENING  TO  INCREASE
 IN THE NEAR FUTURE.
   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;
 A. 6386--A                          3
 
   (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.