Bill Text: NY A08083 | 2023-2024 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Requires the New York city department of corrections and the New York city health and hospitals corporation to adopt safety policies to protect health care workers who treat incarcerated individuals.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-02-02 - print number 8083a [A08083 Detail]

Download: New_York-2023-A08083-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          8083

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                   September 29, 2023
                                       ___________

        Introduced  by  M. of A. CRUZ -- read once and referred to the Committee
          on Cities

        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:

     1    Section 1. The administrative code of the city of New York is  amended
     2  by adding a new section 9-164 to read as follows:
     3    §  9-164 Health care worker safety policy; reports. a. Definitions. As
     4  used in this section, the following terms shall have the following mean-
     5  ings:
     6    1. "Correctional health services" means the division of the  New  York
     7  city  health  and  hospitals corporation responsible for the delivery of
     8  health and mental health services to  incarcerated  individuals  in  the
     9  custody  of  the department, and any other health care entity designated
    10  by the city of New York as the agency or agencies responsible for health
    11  services for incarcerated individuals in the care  and  custody  of  the
    12  department, including an outside provider sharing such responsibilities.
    13    2.  "Health  care worker" means a health care professional employed by
    14  correctional health services or another entity  described  in  paragraph
    15  one  of this subdivision who regularly provides health and mental health
    16  services to incarcerated individuals in the custody of the department.
    17    3. "Hospitals corporation" or "corporation" means the  New  York  city
    18  health and hospitals corporation.
    19    4.  "Special  officer"  means  a  peace  officer appointed pursuant to
    20  subdivision forty of section 2.10 of  the  criminal  procedure  law  and
    21  employed  by the city of New York or the New York city health and hospi-
    22  tals corporation to perform the patrol, investigation,  and  maintenance

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09328-02-3
        A. 8083                             2

     1  of  the  peace  duties  of  special  officer, senior special officer and
     2  hospital security officer.
     3    b.  Health care worker safety policy. The department, in collaboration
     4  with correctional health services shall develop and  implement  a  joint
     5  health  care  worker  safety  policy to protect health care workers from
     6  assault and other violent incidents during the provision of services  to
     7  incarcerated individuals. Such policy shall establish a minimum standard
     8  of care for health care worker safety which shall, at minimum:
     9    1.  Require  yearly training for all uniformed staff of the department
    10  and all special officers as defined in paragraph four of  subdivision  a
    11  of  this  section  regarding  minimum  standards  necessary to secure an
    12  incarcerated individual in the presence of a health care worker.
    13    2. Establish protocols for requiring uniformed staff of the department
    14  and all special officers to inform all health care workers who  will  or
    15  are  likely  to come into contact with an incarcerated individual with a
    16  history of violent or aggressive behavior whenever  such  individual  is
    17  admitted to a hospital or other medical facility.
    18    c. Reporting. 1. No later than ninety days after the effective date of
    19  this  section,  and  every  six  months  thereafter,  the department and
    20  correctional health services shall publish a joint report on the  health
    21  care  worker  safety policy, which shall include but not be limited to a
    22  review of any new rules and regulations promulgated or amended  pursuant
    23  thereto, and an evaluation of compliance with the policy at each correc-
    24  tional  facility  and  any medical facility subject to the provisions of
    25  this chapter.
    26    2. No later than nine months after the effective date of this  section
    27  and  annually,  the  department  and  correctional health services shall
    28  prepare and submit a  report  to  the  legislature.  Such  report  shall
    29  include a copy of every joint report published pursuant to paragraph one
    30  of this subdivision during the twelve months preceding the date on which
    31  the  report  required  pursuant to this paragraph is due and any related
    32  materials, together with any recommendations or  proposals  relating  to
    33  health  care  worker  safety.   Such report shall include an analysis of
    34  whether certain punitive measures, including  but  not  limited  to  the
    35  imposition of a higher maximum sentence of imprisonment for assault on a
    36  health  care worker by an incarcerated individual, and/or provisions for
    37  the extension of such an individual's current sentence should be consid-
    38  ered by the legislature as a deterrent to such assaults.
    39    d. Private right of action. 1. The  department,  the  corporation,  or
    40  both  such department and corporation shall be liable for damages to any
    41  health care worker who suffers injuries as a result of  any  failure  to
    42  enforce or comply with minimum standards of care established pursuant to
    43  subdivision b of this section.
    44    2.  A  health care worker aggrieved by a violation of paragraph one of
    45  this subdivision and subdivision b of this section shall have a cause of
    46  action in any court of competent jurisdiction  against  the  department,
    47  the corporation or both such department and corporation.
    48    § 2. This act shall take effect immediately.