NY State Senate Bill 2023-S5468

Senate Bill S5468

2023-2024 Legislative Session

Provides for the review of policies and practices pertaining to emerging infectious disease outbreaks in correctional facilities

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Current Bill Status - In Senate Committee Health Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to health
Mar 06, 2023	referred to health

co-Sponsors

2023-S5468 (ACTIVE) - Details

Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §206, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S1072
2021-2022: S4538

2023-S5468 (ACTIVE) - Summary

Provides for the review of policies and practices pertaining to infectious disease outbreaks in correctional facilities, including the treatment and prevention of the disease among incarcerated individuals and staff.

2023-S5468 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S5468

SPONSOR: RIVERA
 
TITLE OF BILL:

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

 
PURPOSE:

The purpose of the bill is to expand the Department of Health (DOH)
review of health policies and practices in the Department of Corrections
and Community Supervision (DOCCS) and local correctional facilities in
relation to emerging infectious diseases.

 
SUMMARY OF PROVISIONS:

Section 1: amends subdivision 26 of section 206 Public Health Law, as it
relates to the Commissioner of Health's general powers and duties, by
adding emerging infectious diseases to the list of situations in which
DOH may review policies and practices of DOCCS and local correctional

facilities.

Section 2: effective date.

 
JUSTIFICATION:

New York has over 50,000 inmates in DOCCS custody and another 25,000 in
local correctional facilities. These inmates rely on correctional health
care providers for their medical care. Many inmates are at high risk for
illnesses related to poverty, addiction, or mental illness, and in the
In the event of an emerging infectious disease, the inability to main-
tain personal distance and lack of access to sanitary supplies are espe-
cially dangerous.

Subdivision 26 of PHL 206, enacted in 2009, authorized DOH to review
policies and practices in DOCCS and local facilities relating to
HIV/AIDS and Hepatitis C. Implementation includes review of HIV and
Hepatitis C services in DOCCS facilities done by State. contractor IPRO,
including on-site reviews, staff interviews, and medical record review.

The 2009 law has successfully addressed HIV/AIDS with a viral
suppression rate consistently over 90% in DOCCS, and ten times more
individuals currently receive Hepatitis C care in NYS DOCCS than any
other state.

Advocates have urged the expansion of this successful law. In 2019, the
Governor vetoed a bill that would've expanded it to additional inmate
categories and conditions despite calling it laudable" in his veto
message. In 2020, during the COVID-19 pandemic, the Governor signed a
bill that would've added "emerging infectious diseases" to the HIV/AIDS
and hepatitis C oversight, but required a chapter amendment narrowing it
explicitly to just COV1D-19. That chapter amendment was signed in early
2021.

Rather than having to name individual diseases every time there is an
outbreak, this bill would enact the "emerging infectious diseases"
language intended in 2020 before the chapter amendment.
 
LEGISLATIVE HISTORY:

2019-2020: S1072/A1127 Gottfried

2021-2022: S4538/A6394 Gottfried

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S5468 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5468
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               March 6, 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   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
 separately  amended  by  chapters  45  and  322  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
 incarcerated  individuals. Such review shall be performed at least annu-
 ally, 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 personnel are authorized to enter correctional facilities and
 inspect  policy  and  procedure manuals and medical protocols, interview
 health services providers and incarcerated  individual-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,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02669-01-3

 S. 5468                             2
 
 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 recommendations,
 direct the department of corrections and community supervision,  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  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.

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Senate Bill S5468

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Sponsored By

Gustavo Rivera