S T A T E O F N E W Y O R K
________________________________________________________________________
6394
2021-2022 Regular Sessions
I N A S S E M B L Y
March 17, 2021
___________
Introduced by M. of A. GOTTFRIED, WEPRIN, DE LA ROSA, SEAWRIGHT, DINOW-
ITZ, CRUZ, HUNTER, TAYLOR, DICKENS, L. ROSENTHAL, SIMON, QUART,
PAULIN, BRONSON, CAHILL, PERRY, CUSICK, BARRON, ABINANTI, ENGLEBRIGHT
-- read once and referred to the Committee on Health
AN ACT to amend the public health law, in relation to review of poli-
cies and practices relating to infectious disease outbreaks in 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
amended by chapter 45 of the laws of 2021, is amended to read as
follows:
26. The commissioner is hereby authorized and directed to 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 human immunodeficiency virus (HIV), acquired
immunodeficiency syndrome (AIDS), hepatitis C (HCV), [and] COVID-19, AND
EMERGING INFECTIOUS DISEASES, including the prevention of the trans-
mission of and the treatment of such infections and diseases among
inmates. Such review shall be performed at least annually, and shall
focus on whether such policy or practice is 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 person-
nel are authorized to enter correctional 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 any such infections or diseases. Prior to initiating a review of a
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09885-01-1
A. 6394 2
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 practice as instituted in facilities operated by
the department of corrections and community supervision, and in any
local correctional facility, or, based on specific, written recommenda-
tions, 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 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
those policies and practices are corrected. All written reports pertain-
ing to reviews provided for in this subdivision shall be maintained,
under such conditions as the commissioner shall prescribe, as public
information available for public inspection. AS USED IN THIS SUBDIVI-
SION, "EMERGING INFECTIOUS DISEASE" MEANS AN INFECTION THAT HAD
INCREASED RECENTLY OR IS THREATENING TO INCREASE IN THE NEAR FUTURE.
§ 2. This act shall take effect immediately.