Bill Text: NY S04964 | 2021-2022 | General Assembly | Amended

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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: (Introduced - Dead) 2022-03-15 - REPORTED AND COMMITTED TO FINANCE [S04964 Detail]

Download: New_York-2021-S04964-Amended.html

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                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  and
    15  the 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.
                                                                   LBD00503-02-1
        S. 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,  under
    35  such 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.