Senate Bill S4964A

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4964--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 19, 2021
                                ___________
 
 Introduced  by  Sen.  RIVERA -- read twice and ordered printed, and when
   printed to be committed  to  the  Committee  on  Health  --  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
 amended by chapter 45 of the laws of 2021, is amended and a new subdivi-
 sion 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 inmates];
   (IV) EMERGING INFECTIOUS DISEASES;
   (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;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00503-02-1

 S. 4964--A                          2
 
   (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  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 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
 those policies and practices are corrected. All written reports pertain-
 ing  to reviews provided for in this subdivision SHALL NOT CONTAIN INDI-
 VIDUAL PATIENT IDENTIFYING INFORMATION AND shall be  [maintained,  under
 such conditions as the commissioner shall prescribe, as] public informa-
 tion  [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;
   (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.