Bill Text: NY S01072 | 2019-2020 | General Assembly | Introduced
Bill Title: Relates to health facilities and services in correctional facilities.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-01-08 - REFERRED TO HEALTH [S01072 Detail]
Download: New_York-2019-S01072-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 1072 2019-2020 Regular Sessions IN SENATE January 10, 2019 ___________ 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 health facilities and services in correctional facilities The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 1 of section 2801 of the public health law, as 2 amended by section 1 of subpart B of part S of chapter 57 of the laws of 3 2018, is amended to read as follows: 4 1. "Hospital" means a facility or institution engaged principally in 5 providing services by or under the supervision of a physician or, in the 6 case of a dental clinic or dental dispensary, of a dentist, or, in the 7 case of a midwifery birth center, of a midwife, for the prevention, 8 diagnosis or treatment of human disease, pain, injury, deformity or 9 physical condition, including, but not limited to, a general hospital, 10 public health center, diagnostic center, treatment center, dental clin- 11 ic, dental dispensary, rehabilitation center other than a facility used 12 solely for vocational rehabilitation, nursing home, tuberculosis hospi- 13 tal, chronic disease hospital, maternity hospital, midwifery birth 14 center, lying-in-asylum, out-patient department, out-patient lodge, 15 dispensary, correctional health care facility and a laboratory or 16 central service facility serving one or more such institutions, but the 17 term hospital shall not include an institution, sanitarium or other 18 facility engaged principally in providing services for the prevention, 19 diagnosis or treatment of mental disability and which is subject to the 20 powers of visitation, examination, inspection and investigation of the 21 department of mental hygiene except for those distinct parts of such a 22 facility which provide hospital service. The provisions of this article 23 shall not apply to a facility or institution engaged principally in 24 providing services by or under the supervision of the bona fide members 25 and adherents of a recognized religious organization whose teachings EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD03799-01-9S. 1072 2 1 include reliance on spiritual means through prayer alone for healing in 2 the practice of the religion of such organization and where services are 3 provided in accordance with those teachings. No provision of this arti- 4 cle or any other provision of law shall be construed to: (a) limit the 5 volume of mental health or substance use disorder services that can be 6 provided by a provider of primary care services licensed under this 7 article and authorized to provide integrated services in accordance with 8 regulations issued by the commissioner in consultation with the commis- 9 sioner of the office of mental health and the commissioner of the office 10 of alcoholism and substance abuse services, including regulations issued 11 pursuant to subdivision seven of section three hundred sixty-five-l of 12 the social services law or part L of chapter fifty-six of the laws of 13 two thousand twelve; (b) require a provider licensed pursuant to article 14 thirty-one of the mental hygiene law or certified pursuant to article 15 thirty-two of the mental hygiene law to obtain an operating certificate 16 from the department if such provider has been authorized to provide 17 integrated services in accordance with regulations issued by the commis- 18 sioner in consultation with the commissioner of the office of mental 19 health and the commissioner of the office of alcoholism and substance 20 abuse services, including regulations issued pursuant to subdivision 21 seven of section three hundred sixty-five-l of the social services law 22 or part L of chapter fifty-six of the laws of two thousand twelve. 23 § 2. Section 2801 of the public health law is amended by adding a new 24 subdivision 12 to read as follows: 25 12. "Correctional health care facility" means a facility or part of a 26 facility providing health care services to persons confined in a correc- 27 tional facility or local correctional facility, that is operated by, 28 operated under contract with or supervised by the department of 29 corrections and community supervision, by a county or the city of New 30 York or by a correctional facility or local correctional facility. As 31 used in this subdivision, "correctional facility" and "local correction- 32 al facility" shall have the same meaning as in section two of the 33 correction law, except that the exclusion of certain facilities under 34 paragraph (b) of subdivision four of that section shall not apply. 35 § 3. Section 2803 of the public health law is amended by adding a new 36 subdivision 12 to read as follows: 37 12. (a) The commissioner, in consultation with the commissioner of 38 corrections and community supervision, representatives of local correc- 39 tional facilities, the commissioner of mental health and the commission- 40 er of alcoholism and substance abuse services, shall make regulations 41 relating to correctional health care facilities, including, but not 42 limited to, their establishment, construction, and operation, consider- 43 ing the standards of state and national organizations knowledgeable in 44 correctional health care services. 45 (b) A correctional health care facility in operation on the effective 46 date of this subdivision may continue to operate for two years after 47 such date regardless of whether it is has been established under this 48 section. 49 § 4. Subdivision 26 of section 206 of the public health law, as 50 amended by section 127-t of subpart B of part C of chapter 62 of the 51 laws of 2011, is amended to read as follows: 52 26. The commissioner is hereby authorized and directed to review any 53 policy or practice instituted in facilities operated by the department 54 of corrections and community supervision, and in all local correctional 55 facilities, as defined in subdivision sixteen of section two of the 56 correction law, regarding [human immunodeficiency virus (HIV), acquiredS. 1072 3 1immunodeficiency syndrome (AIDS), and hepatitis C (HCV)] health care 2 services provided to persons confined in the facility, including the 3 prevention of [the transmission] infection or disease [of HIV and HCV4and the treatment of AIDS, HIV and HCV among inmates]. Such review shall 5 be performed annually and shall focus on whether such [HIV, AIDS or HCV] 6 policy or practice is consistent with current, generally accepted 7 medical standards and procedures used [to prevent the transmission of8HIV and HCV and to treat AIDS, HIV and HCV among] in relation to the 9 general public. In performing such reviews, in order to determine the 10 quality and adequacy of care and treatment provided, department person- 11 nel are authorized to enter correctional facilities and inspect policy 12 and procedure manuals and medical protocols, interview health services 13 providers and inmate-patients, review medical grievances, and inspect a 14 representative sample of medical records of inmates [known to be15infected with HIV or HCV or have AIDS]. Prior to initiating a review of 16 a correctional system, the commissioner shall inform the public, includ- 17 ing patients, their families and patient advocates, of the scheduled 18 review and invite them to provide the commissioner with relevant infor- 19 mation. Upon the completion of such review, the department shall, in 20 writing, approve such policy or practice as instituted in facilities 21 operated by the department of corrections and community supervision, and 22 in any local correctional facility, or, based on specific, written 23 recommendations, direct the department of corrections and community 24 supervision, or the authority responsible for the provision of medical 25 care to inmates in local correctional facilities to prepare and imple- 26 ment a corrective plan to address deficiencies in areas where such poli- 27 cy or practice fails to conform to current, generally accepted medical 28 standards and procedures. The commissioner shall monitor the implemen- 29 tation of such corrective plans and shall conduct such further reviews 30 as the commissioner deems necessary to ensure that identified deficien- 31 cies in [HIV, AIDS and HCV] policies and practices are corrected. All 32 written reports pertaining to reviews provided for in this subdivision 33 shall be maintained, under such conditions as the commissioner shall 34 prescribe, as public information [available for public inspection] and 35 shall be posted on the department's website in searchable and downloada- 36 ble form; provided that patient individual identifying information shall 37 be kept confidential by the commissioner. This subdivision shall not 38 diminish any other authority or jurisdiction of the commissioner. 39 § 5. This act shall take effect one year after it shall have become a 40 law. Effective immediately, the commissioners of health, corrections and 41 community supervision, mental health, and alcoholism and substance abuse 42 services shall promulgate rules and regulations and take other actions 43 reasonably necessary prior to such effective date necessary to implement 44 the provisions of this act.