Bill Text: NY S08315 | 2019-2020 | General Assembly | Amended

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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 13-0)

Status: (Passed) 2020-12-23 - approval memo.62 [S08315 Detail]

Download: New_York-2019-S08315-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         8315--A

                    IN SENATE

                                      May 11, 2020
                                       ___________

        Introduced by Sens. RIVERA, KRUEGER, MONTGOMERY, MYRIE -- 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 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. 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), [and] hepatitis C (HCV), and emerging
    10  infectious diseases, including the prevention  of  the  transmission  of
    11  [HIV  and  HCV] and the treatment of [AIDS, HIV and HCV] such infections
    12  and diseases among inmates. Such review shall be performed annually, and
    13  more frequently as determined by the commissioner, and  shall  focus  on
    14  whether  such  [HIV,  AIDS or HCV] policy or practice is consistent with
    15  current, generally accepted medical standards  and  procedures  used  to
    16  prevent  the  transmission  of [HIV and HCV] and to treat [AIDS, HIV and
    17  HCV] those infections and diseases among the general public. In perform-
    18  ing such reviews, in order to determine the quality and adequacy of care
    19  and treatment provided, department personnel  are  authorized  to  enter
    20  correctional  facilities  and  inspect  policy and procedure manuals and
    21  medical protocols, interview health services  providers  and  inmate-pa-
    22  tients,  review  medical grievances, and inspect a representative sample
    23  of medical records of inmates known to be infected with [HIV or  HCV  or
    24  have AIDS] any such infections or diseases. Prior to initiating a review

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16343-05-0
        S. 8315--A                          2

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