Bill Text: NY S00505 | 2023-2024 | General Assembly | Introduced

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Bill Title: Expands the health department's review of correctional health services by including a biennial study of health care staffing at facilities operated by the department of corrections and community supervision.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed) 2024-06-06 - referred to health [S00505 Detail]

Download: New_York-2023-S00505-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                           505

                               2023-2024 Regular Sessions

                    IN SENATE

                                     January 4, 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  expanding  review
          of  correctional  health  services and health care staffing at correc-
          tional facilities

          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  separately amended by chapters 45 and  322  of  the  laws  of  2021,  is
     3  amended and a new subdivision 26-a is added to read as follows:
     4    26.  (a)  The  commissioner [is hereby authorized and directed to], in
     5  consultation with the commissioner of addiction services and supports in
     6  relation to subparagraph (x) of this paragraph, shall review any  policy
     7  or  practice  instituted  in  facilities  operated  by the department of
     8  corrections and community supervision, and  in  all  local  correctional
     9  facilities,  as  defined  in  subdivision  sixteen of section two of the
    10  correction law, regarding:
    11    (i) human immunodeficiency virus (HIV)[,] and acquired immunodeficien-
    12  cy syndrome (AIDS)[,];
    13    (ii) hepatitis C (HCV)[, and];
    14    (iii) COVID-19[, including the prevention of the transmission  of  and
    15  the  treatment  of such infections and diseases among incarcerated indi-
    16  viduals];
    17    (iv) emerging infectious diseases;
    18    (v) women's health;
    19    (vi) transgender health;
    20    (vii) chronic health conditions including but not limited  to  asthma,
    21  diabetes, and heart disease;
    22    (viii)  health  care  services  for  individuals fifty years of age or
    23  older;
    24    (ix) discharge planning of health care services including planning for
    25  discharges requiring residential placement or long-term  care  services;
    26  and
    27    (x) substance use disorders.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02405-01-3
        S. 505                              2

     1    (b)  Such  [review]  reviews shall be performed at least annually, and
     2  shall focus on whether such [policy or practice is]  policies  or  prac-
     3  tices  are consistent with current, generally accepted medical standards
     4  and procedures used to prevent the transmission of and  to  treat  those
     5  infections  and  diseases  among  the general public. In performing such
     6  reviews, in order to determine the quality  and  adequacy  of  care  and
     7  treatment provided, department personnel are authorized to enter correc-
     8  tional  facilities  and inspect policy and procedure manuals and medical
     9  protocols, interview health services providers and incarcerated  indivi-
    10  dual-patients,  review  medical grievances, and inspect a representative
    11  sample of medical  records  of  incarcerated  individuals  known  to  be
    12  infected  with  any  such  infections or diseases. Prior to initiating a
    13  review of a correctional  system,  the  commissioner  shall  inform  the
    14  public, including patients, their families and patient advocates, of the
    15  scheduled  review and invite them to provide the commissioner with rele-
    16  vant information.
    17    (c) Upon the completion of such review, the department shall, in writ-
    18  ing, approve such policy or practice as instituted in  facilities  oper-
    19  ated  by the department of corrections and community supervision, and in
    20  any local correctional facility, or, based on specific,  written  recom-
    21  mendations,  direct  the  department of corrections and community super-
    22  vision, or the authority responsible for the provision of  medical  care
    23  to  incarcerated individuals in local correctional facilities to prepare
    24  and implement a corrective plan to address deficiencies in  areas  where
    25  such  policy or practice fails to conform to current, generally accepted
    26  medical standards and procedures.   The commissioner shall  monitor  the
    27  implementation  of  such corrective plans and shall conduct such further
    28  reviews as the commissioner deems necessary to  ensure  that  identified
    29  deficiencies  in those policies and practices are corrected. All written
    30  reports pertaining to reviews provided for in this subdivision shall not
    31  contain individual patient identifying information and shall  be  [main-
    32  tained,  under  such conditions as the commissioner shall prescribe, as]
    33  public information [available for public inspection] and shall be posted
    34  on the department's website.
    35    (d) As used in this subdivision, "emerging infectious  disease"  means
    36  an  infection  that has increased recently or is threatening to increase
    37  in the near future.
    38    26-a. (a) The department,  in  consultation  with  the  department  of
    39  corrections  and  community  supervision,  shall biennially study health
    40  care staffing in facilities operated by the  department  of  corrections
    41  and  community  supervision  and  in  local  correctional  facilities as
    42  defined in subdivision sixteen of section two of the correction law. The
    43  study shall examine:
    44    (i)  adequacy of staffing, including in specialties such  as  women's,
    45  transgender, and geriatric health care;
    46    (ii)  potential  challenges  such  as  salary  adequacy  or geographic
    47  factors; and
    48    (iii) impact of staffing levels on availability of services.
    49    (b) The first such study shall  be  completed  and  submitted  to  the
    50  governor,  the temporary president of the senate, and the speaker of the
    51  assembly no later than one year after the effective date of this  subdi-
    52  vision.
    53    § 2. This act shall take effect immediately.