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.