Bill Text: NY S04964 | 2021-2022 | General Assembly | Amended
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: (Introduced - Dead) 2022-03-15 - REPORTED AND COMMITTED TO FINANCE [S04964 Detail]
Download: New_York-2021-S04964-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 4964--A 2021-2022 Regular Sessions IN SENATE February 19, 2021 ___________ Introduced by Sen. RIVERA -- read twice and ordered printed, and when printed to be committed to the Committee on Health -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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 amended by chapter 45 of the laws of 2021, is amended and a new subdivi- 3 sion 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 and15the treatment of such infections and diseases among inmates]; 16 (iv) emerging infectious diseases; 17 (v) women's health; 18 (vi) transgender health; 19 (vii) chronic health conditions including but not limited to asthma, 20 diabetes, and heart disease; 21 (viii) health care services for individuals fifty years of age or 22 older; EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD00503-02-1S. 4964--A 2 1 (ix) discharge planning of health care services including planning for 2 discharges requiring residential placement or long-term care services; 3 and 4 (x) substance use disorders. 5 (b) Such [review] reviews shall be performed at least annually, and 6 shall focus on whether such [policy or practice is] policies or prac- 7 tices are consistent with current, generally accepted medical standards 8 and procedures used to prevent the transmission of and to treat those 9 infections and diseases among the general public. In performing such 10 reviews, in order to determine the quality and adequacy of care and 11 treatment provided, department personnel are authorized to enter correc- 12 tional facilities and inspect policy and procedure manuals and medical 13 protocols, interview health services providers and inmate-patients, 14 review medical grievances, and inspect a representative sample of 15 medical records of inmates known to be infected with any such infections 16 or diseases. Prior to initiating a review of a correctional system, the 17 commissioner shall inform the public, including patients, their families 18 and patient advocates, of the scheduled review and invite them to 19 provide the commissioner with relevant information. 20 (c) Upon the completion of such review, the department shall, in writ- 21 ing, approve such policy or practice as instituted in facilities oper- 22 ated by the department of corrections and community supervision, and in 23 any local correctional facility, or, based on specific, written recom- 24 mendations, direct the department of corrections and community super- 25 vision, or the authority responsible for the provision of medical care 26 to inmates in local correctional facilities to prepare and implement a 27 corrective plan to address deficiencies in areas where such policy or 28 practice fails to conform to current, generally accepted medical stand- 29 ards and procedures. The commissioner shall monitor the implementation 30 of such corrective plans and shall conduct such further reviews as the 31 commissioner deems necessary to ensure that identified deficiencies in 32 those policies and practices are corrected. All written reports pertain- 33 ing to reviews provided for in this subdivision shall not contain indi- 34 vidual patient identifying information and shall be [maintained, under35such conditions as the commissioner shall prescribe, as] public informa- 36 tion [available for public inspection] and shall be posted on the 37 department's website. 38 (d) As used in this subdivision, "emerging infectious disease" means 39 an infection that has increased recently or is threatening to increase 40 in the near future. 41 26-a. (a) The department, in consultation with the department of 42 corrections and community supervision, shall biennially study health 43 care staffing in facilities operated by the department of corrections 44 and community supervision and in local correctional facilities as 45 defined in subdivision sixteen of section two of the correction law. The 46 study shall examine: 47 (i) adequacy of staffing, including in specialties such as women's, 48 transgender, and geriatric health care; 49 (ii) potential challenges such as salary adequacy or geographic 50 factors; and 51 (iii) impact of staffing levels on availability of services. 52 (b) The first such study shall be completed and submitted to the 53 governor, the temporary president of the senate, and the speaker of the 54 assembly no later than one year after the effective date of this subdi- 55 vision. 56 § 2. This act shall take effect immediately.
