The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    505
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              January 4, 2023
                                ___________
 
 Introduced  by  Sen.  RIVERA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Health
 
 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;
   (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.
 

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02405-01-3
 S. 505                              2
 
   (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;
   (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.