Assembly Bill A9163

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9163
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             October 17, 2025
                                ___________
 
 Introduced by M. of A. TAYLOR -- 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
 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.
                                                            LBD04817-01-5
              

 A. 9163                             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.