Bill Text: NY A10463 | 2019-2020 | General Assembly | Introduced

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

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Bill Title: Relates to the review of policies and practices pertaining to infectious disease outbreaks in correctional facilities, including the treatment and prevention of the disease among inmates and staff.

Spectrum: Partisan Bill (Democrat 27-0)

Status: (Passed) 2020-12-23 - approval memo.62 [A10463 Detail]

Download: New_York-2019-A10463-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          10463

                   IN ASSEMBLY

                                      May 18, 2020
                                       ___________

        Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Gottfried,
          Weprin) -- read once and referred to the Committee on Health

        AN ACT to amend the public health law, in relation to review of policies
          and practices relating to any infectious disease outbreak  in  correc-
          tional  facilities,  including  the  treatment  and  prevention of the
          disease among inmates and staff

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1. Subdivision 26 of section 206 of the public health law, as
     2  amended by section 127-t of subpart B of part C of  chapter  62  of  the
     3  laws of 2011, is amended to read as follows:
     4    26.  (a)  The commissioner is hereby authorized and directed to review
     5  any policy or practice instituted in facilities operated by the  depart-
     6  ment  of corrections and community supervision, and in all local correc-
     7  tional facilities, as defined in subdivision sixteen of section  two  of
     8  the correction law, regarding:
     9    (i) human immunodeficiency virus (HIV)[,] and acquired immunodeficien-
    10  cy  syndrome  (AIDS), [and] including the prevention of the transmission
    11  of HIV and treatment of AIDS among inmates;
    12    (ii) hepatitis C (HCV) including the treatment and prevention  of  the
    13  transmission  of  [HIV  and  HCV and the treatment of AIDS, HIV and] HCV
    14  among inmates; and
    15    (iii) any infectious disease outbreak  in  a  facility  or  among  the
    16  general  public,  including  the treatment and prevention of the disease
    17  among inmates and staff.
    18    (b) Such [review] reviews shall be performed  annually,  and,  in  the
    19  case  of an infectious disease outbreak, within forty-eight hours of the
    20  outbreak and continually during the outbreak, and shall focus on whether
    21  such [HIV, AIDS or HCV policy or practice is] policies and practices are
    22  consistent with  current,  generally  accepted  medical  standards  [and
    23  procedures  used to prevent the transmission of HIV and HCV and to treat
    24  AIDS, HIV and HCV among the general public]. In performing such reviews,
    25  in order to determine the quality and adequacy  of  care  and  treatment
    26  provided,  department  personnel  are  authorized  to enter correctional

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16343-01-0
        A. 10463                            2

     1  facilities and inspect policy and procedure manuals and  medical  proto-
     2  cols,  interview  health  services providers and inmate-patients, review
     3  medical grievances, and  inspect  a  representative  sample  of  medical
     4  records  of inmates known to be infected [with HIV or HCV or have AIDS].
     5  Prior to initiating a review of a correctional system, the  commissioner
     6  shall  inform the public, including patients, their families and patient
     7  advocates, of the scheduled  review  and  invite  them  to  provide  the
     8  commissioner  with  relevant  information.  Upon  the completion of such
     9  review, the department shall, in writing, approve such [policy or  prac-
    10  tice] policies and practices as instituted in facilities operated by the
    11  department  of  corrections  and community supervision, and in any local
    12  correctional facility, or, based on specific,  written  recommendations,
    13  direct  the  department of corrections and community supervision, or the
    14  authority responsible for the provision of medical care  to  inmates  in
    15  local correctional facilities to prepare and implement a corrective plan
    16  to  address  deficiencies in areas where such [policy or practice fails]
    17  policies and practices fail to conform to  current,  generally  accepted
    18  medical  standards  [and procedures]. The commissioner shall monitor the
    19  implementation of such corrective plans and shall conduct  such  further
    20  reviews  as  the  commissioner deems necessary to ensure that identified
    21  deficiencies  [in  HIV,  AIDS  and  HCV  policies  and  practices]   are
    22  corrected.
    23    (c)  In the case of a review under subparagraph (iii) of paragraph (a)
    24  of this subdivision, the commissioner shall, in  consultation  with  the
    25  commissioner of corrections and community supervision and with the coun-
    26  ty and city of New York official in charge of the county or city's local
    27  correctional  facilities,  monitor the outbreak and ensure that adequate
    28  personal protective equipment is available to staff and inmates and that
    29  inmates are not inappropriately confined to their  cells  or  placed  in
    30  segregated confinement. The commissioner shall make and update recommen-
    31  dations  on  whether  any  of  the  following actions should be taken to
    32  protect inmates and staff:
    33    (i) early release of certain inmates;
    34    (ii) medical parole for certain inmates; and
    35    (iii) transfer of certain inmates to appropriate  medical  facilities.
    36  Recommendations  of the commissioner shall be implemented as recommended
    37  by the commissioner and the commissioner shall monitor  the  implementa-
    38  tion of the recommendations.
    39    (d)  All written reports pertaining to reviews and monitoring provided
    40  for in this subdivision shall be maintained, under  such  conditions  as
    41  the  commissioner  shall  prescribe, as public information available for
    42  public inspection.
    43    § 2. This act shall take effect immediately.