Bill Text: NY S05468 | 2023-2024 | General Assembly | Introduced

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

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2024-01-03 - REFERRED TO HEALTH [S05468 Detail]

Download: New_York-2023-S05468-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          5468

                               2023-2024 Regular Sessions

                    IN SENATE

                                      March 6, 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   review of  poli-
          cies and practices relating to infectious disease outbreaks in 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 to read as follows:
     4    26. The commissioner is hereby authorized and directed to  review  any
     5  policy  or  practice instituted in facilities operated by the department
     6  of corrections and community supervision, and in all local  correctional
     7  facilities,  as  defined  in  subdivision  sixteen of section two of the
     8  correction law, regarding human immunodeficiency virus  (HIV),  acquired
     9  immunodeficiency syndrome (AIDS), hepatitis C (HCV), [and] COVID-19, and
    10  emerging  infectious  diseases,  including  the prevention of the trans-
    11  mission of and the treatment  of  such  infections  and  diseases  among
    12  incarcerated  individuals. Such review shall be performed at least annu-
    13  ally, and shall focus on whether such policy or practice  is  consistent
    14  with  current,  generally accepted medical standards and procedures used
    15  to prevent the  transmission  of  and  to  treat  those  infections  and
    16  diseases  among the general public. In performing such reviews, in order
    17  to determine the quality and adequacy of care  and  treatment  provided,
    18  department personnel are authorized to enter correctional facilities and
    19  inspect  policy  and  procedure manuals and medical protocols, interview
    20  health services providers and incarcerated  individual-patients,  review
    21  medical  grievances,  and  inspect  a  representative  sample of medical
    22  records of incarcerated individuals known to be infected with  any  such
    23  infections  or  diseases. Prior to initiating a review of a correctional
    24  system, the commissioner shall inform the  public,  including  patients,

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02669-01-3
        S. 5468                             2

     1  their families and patient advocates, of the scheduled review and invite
     2  them  to  provide  the  commissioner with relevant information. Upon the
     3  completion of such review, the department  shall,  in  writing,  approve
     4  such  policy  or  practice  as  instituted in facilities operated by the
     5  department of corrections and community supervision, and  in  any  local
     6  correctional  facility,  or, based on specific, written recommendations,
     7  direct the department of corrections and community supervision,  or  the
     8  authority  responsible for the provision of medical care to incarcerated
     9  individuals in local correctional facilities to prepare and implement  a
    10  corrective  plan  to  address deficiencies in areas where such policy or
    11  practice fails to conform to current, generally accepted medical  stand-
    12  ards  and procedures.  The commissioner shall monitor the implementation
    13  of such corrective plans and shall conduct such further reviews  as  the
    14  commissioner  deems  necessary to ensure that identified deficiencies in
    15  those policies and practices are corrected. All written reports pertain-
    16  ing to reviews provided for in this  subdivision  shall  be  maintained,
    17  under  such  conditions  as  the commissioner shall prescribe, as public
    18  information available for public inspection.  As used in  this  subdivi-
    19  sion,   "emerging  infectious  disease"  means  an  infection  that  had
    20  increased recently or is threatening to increase in the near future.
    21    § 2. This act shall take effect immediately.