Senate Bill S5171A

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5171--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 23, 2023
                                ___________
 
 Introduced  by Sens. SEPULVEDA, JACKSON -- read twice and ordered print-
   ed, and when printed to be committed to the Committee on Cities  1  --
   recommitted  to  the  Committee  on Cities 1 in accordance with Senate
   Rule 6, sec. 8 -- reported favorably from said committee and committed
   to the Committee on Finance --  committee  discharged,  bill  amended,
   ordered reprinted as amended and recommitted to said committee
 
 AN  ACT  to  amend  the  administrative code of the city of New York, in
   relation to requiring the New York city department of corrections  and
   the  New  York  city  health and hospitals corporation to adopt safety
   policies and training to protect health care workers
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. The administrative code of the city of New York is amended
 by adding a new section 9-167 to read as follows:
   § 9-167 HEALTH CARE WORKER SAFETY POLICY; REPORTS. A. DEFINITIONS.  AS
 USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEAN-
 INGS:
   1.  "CORRECTIONAL  HEALTH SERVICES" MEANS THE DIVISION OF THE NEW YORK
 CITY HEALTH AND HOSPITALS CORPORATION RESPONSIBLE FOR  THE  DELIVERY  OF
 HEALTH  AND  MENTAL  HEALTH  SERVICES TO INCARCERATED INDIVIDUALS IN THE
 CUSTODY OF THE DEPARTMENT, AND ANY OTHER HEALTH CARE  ENTITY  DESIGNATED
 BY THE CITY OF NEW YORK AS THE AGENCY OR AGENCIES RESPONSIBLE FOR HEALTH
 SERVICES  FOR  INCARCERATED  INDIVIDUALS  IN THE CARE AND CUSTODY OF THE
 DEPARTMENT, INCLUDING AN OUTSIDE PROVIDER SHARING SUCH RESPONSIBILITIES.
   2. "HEALTH CARE WORKER" MEANS A HEALTH CARE PROFESSIONAL  EMPLOYED  BY
 CORRECTIONAL  HEALTH  SERVICES  OR ANOTHER ENTITY DESCRIBED IN PARAGRAPH
 ONE OF THIS SUBDIVISION WHO REGULARLY PROVIDES HEALTH AND MENTAL  HEALTH
 SERVICES  TO  INCARCERATED INDIVIDUALS IN THE CUSTODY OF THE DEPARTMENT.
 SUCH TERM SHALL INCLUDE DENTISTS, PHYSICAL THERAPISTS AND SUBCONTRACTORS
 OF ANY HEALTH CARE ENTITY DESIGNATED BY THE CITY  OF  NEW  YORK  AS  THE
 AGENCY  OR  AGENCIES  RESPONSIBLE  FOR  HEALTH SERVICES FOR INCARCERATED
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09328-03-4
              

 S. 5171--A                          2
 
 INDIVIDUALS IN THE CARE AND CUSTODY  OF  THE  DEPARTMENT,  INCLUDING  AN
 OUTSIDE PROVIDER.
   3.  "HOSPITALS  CORPORATION"  OR "CORPORATION" MEANS THE NEW YORK CITY
 HEALTH AND HOSPITALS CORPORATION.
   4. "SPECIAL OFFICER" MEANS  A  PEACE  OFFICER  APPOINTED  PURSUANT  TO
 SUBDIVISION  FORTY  OF  SECTION  2.10  OF THE CRIMINAL PROCEDURE LAW AND
 EMPLOYED BY THE CITY OF NEW YORK OR THE NEW YORK CITY HEALTH AND  HOSPI-
 TALS  CORPORATION  TO PERFORM THE PATROL, INVESTIGATION, AND MAINTENANCE
 OF THE PEACE DUTIES OF  SPECIAL  OFFICER,  SENIOR  SPECIAL  OFFICER  AND
 HOSPITAL SECURITY OFFICER.
   B.  HEALTH  CARE  WORKER  SAFETY POLICY. 1. THE DEPARTMENT, IN COLLAB-
 ORATION WITH CORRECTIONAL HEALTH SERVICES SHALL DEVELOP AND IMPLEMENT  A
 JOINT  HEALTH  CARE  WORKER SAFETY POLICY TO PROTECT HEALTH CARE WORKERS
 FROM ASSAULT  AND  OTHER  VIOLENT  INCIDENTS  DURING  THE  PROVISION  OF
 SERVICES  TO  INCARCERATED  INDIVIDUALS.  SUCH  POLICY SHALL ESTABLISH A
 MINIMUM STANDARD OF CARE FOR HEALTH CARE WORKER SAFETY WHICH  SHALL,  AT
 MINIMUM:
   2.  REQUIRE  YEARLY TRAINING FOR ALL UNIFORMED STAFF OF THE DEPARTMENT
 AND ALL SPECIAL OFFICERS AS DEFINED IN PARAGRAPH FOUR OF  SUBDIVISION  A
 OF  THIS  SECTION  REGARDING  MINIMUM  STANDARDS  NECESSARY TO SECURE AN
 INCARCERATED INDIVIDUAL IN THE PRESENCE OF A HEALTH CARE WORKER.
   3. ESTABLISH PROTOCOLS  IN  CONSULTATION  WITH  STAKEHOLDERS  SUCH  AS
 HEALTH  CARE EMPLOYEE UNIONS, ADVOCACY AND COMMUNITY GROUPS, FOR REQUIR-
 ING UNIFORMED STAFF OF THE DEPARTMENT AND ALL SPECIAL OFFICERS TO INFORM
 ALL HEALTH CARE WORKERS WHO WILL OR ARE LIKELY TO COME INTO CONTACT WITH
 AN INCARCERATED INDIVIDUAL WITH  A  HISTORY  OF  VIOLENT  OR  AGGRESSIVE
 BEHAVIOR  WHENEVER  SUCH  INDIVIDUAL  IS ADMITTED TO A HOSPITAL OR OTHER
 MEDICAL FACILITY.  SUCH PROTOCOLS SHALL BE  REVIEWED,  AND  MODIFIED  IF
 DEEMED  NECESSARY,  BY  THE  DEPARTMENT  AND HEALTH CARE PROVIDERS ON AN
 ANNUAL BASIS TO ENSURE SUCH PROTOCOLS ARE  ADEQUATE  TO  PROTECT  HEALTH
 CARE WORKERS.
   C. REPORTING. 1. NO LATER THAN NINETY DAYS AFTER THE EFFECTIVE DATE OF
 THIS  SECTION,  AND  EVERY  SIX  MONTHS  THEREAFTER,  THE DEPARTMENT AND
 CORRECTIONAL HEALTH SERVICES SHALL PUBLISH A JOINT REPORT ON THE  HEALTH
 CARE  WORKER  SAFETY POLICY, WHICH SHALL INCLUDE BUT NOT BE LIMITED TO A
 REVIEW OF ANY NEW RULES AND REGULATIONS PROMULGATED OR AMENDED  PURSUANT
 THERETO, AND AN EVALUATION OF COMPLIANCE WITH THE POLICY AT EACH CORREC-
 TIONAL  FACILITY  AND  ANY MEDICAL FACILITY SUBJECT TO THE PROVISIONS OF
 THIS CHAPTER.
   2. NO LATER THAN NINE MONTHS AFTER THE EFFECTIVE DATE OF THIS  SECTION
 AND  ANNUALLY,  THE  DEPARTMENT  AND  CORRECTIONAL HEALTH SERVICES SHALL
 PREPARE AND SUBMIT A  REPORT  TO  THE  LEGISLATURE.  SUCH  REPORT  SHALL
 INCLUDE A COPY OF EVERY JOINT REPORT PUBLISHED PURSUANT TO PARAGRAPH TWO
 OF THIS SUBDIVISION DURING THE TWELVE MONTHS PRECEDING THE DATE ON WHICH
 THE  REPORT  REQUIRED  PURSUANT TO THIS PARAGRAPH IS DUE AND ANY RELATED
 MATERIALS, TOGETHER WITH ANY RECOMMENDATIONS OR  PROPOSALS  RELATING  TO
 HEALTH  CARE  WORKER  SAFETY.   SUCH REPORT SHALL INCLUDE AN ANALYSIS OF
 WHETHER CERTAIN PUNITIVE MEASURES, INCLUDING  BUT  NOT  LIMITED  TO  THE
 IMPOSITION OF A HIGHER MAXIMUM SENTENCE OF IMPRISONMENT FOR ASSAULT ON A
 HEALTH  CARE WORKER BY AN INCARCERATED INDIVIDUAL, AND/OR PROVISIONS FOR
 THE EXTENSION OF SUCH AN INDIVIDUAL'S CURRENT SENTENCE SHOULD BE CONSID-
 ERED BY THE LEGISLATURE AS A DETERRENT TO SUCH ASSAULTS.
   D. PRIVATE RIGHT OF ACTION. 1. THE  DEPARTMENT,  THE  CORPORATION,  OR
 BOTH  SUCH DEPARTMENT AND CORPORATION SHALL BE LIABLE FOR DAMAGES TO ANY
 HEALTH CARE WORKER WHO SUFFERS INJURIES AS A RESULT OF  ANY  FAILURE  TO
 S. 5171--A                          3
 
 ENFORCE OR COMPLY WITH MINIMUM STANDARDS OF CARE ESTABLISHED PURSUANT TO
 SUBDIVISION B OF THIS SECTION.
   2.  A  HEALTH CARE WORKER AGGRIEVED BY A VIOLATION OF PARAGRAPH ONE OF
 THIS SUBDIVISION AND SUBDIVISION B OF THIS SECTION SHALL HAVE A CAUSE OF
 ACTION IN ANY COURT OF COMPETENT JURISDICTION  AGAINST  THE  DEPARTMENT,
 THE CORPORATION OR BOTH SUCH DEPARTMENT AND CORPORATION.
   § 2. This act shall take effect immediately.