STATE OF NEW YORK ________________________________________________________________________ 9676 IN ASSEMBLY January 31, 2018 ___________ Introduced by M. of A. GOTTFRIED, WEPRIN, ORTIZ, SIMON, DICKENS, SEPULVEDA, McDONALD, ARROYO, JAFFEE, D'URSO, DE LA ROSA, ABINANTI, LAVINE, ERRIGO, PEOPLES-STOKES, MOSLEY, AUBRY, PELLEGRINO, WRIGHT -- Multi-Sponsored by -- M. of A. CROUCH -- read once and referred to the Committee on Health AN ACT to amend the public health law, in relation to expanding health department review of correctional health services 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 and a new subdivision 26-a is added to read as 4 follows: 5 26. (a) The commissioner [is hereby authorized and directed to] shall 6 review any policy or practice instituted in facilities operated by the 7 department of corrections and community supervision, and in all local 8 correctional facilities, as defined in subdivision sixteen of section 9 two of the correction law, regarding: 10 (i) human immunodeficiency virus (HIV)[,] and acquired immunodeficien- 11 cy syndrome (AIDS), [and] including the prevention and transmission of 12 HIV and the treatment of AIDS; 13 (ii) hepatitis C (HCV) including the prevention of the transmission of 14 [HIV and HCV and the treatment of AIDS, HIV and] HCV [among inmates]; 15 (iii) women's health; 16 (iv) transgender health; 17 (v) chronic health conditions including but not limited to asthma, 18 diabetes, and heart disease; 19 (vi) health care services for individuals fifty years of age or older; 20 and 21 (vii) discharge planning of health care services including planning 22 for discharges requiring residential placement or long-term care 23 services. 24 (b) Such [review] reviews shall be performed annually and shall focus 25 on whether such [HIV, AIDS or HCV policy] policies or [practice is] EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD14258-01-8

A. 9676 2 1 practices are consistent with current, generally accepted medical stand- 2 ards and procedures [used to prevent the transmission of HIV and HCV and 3 to treat AIDS, HIV and HCV among the general public]. In performing such 4 reviews, in order to determine the quality and adequacy of care and 5 treatment provided, department personnel are authorized to enter correc- 6 tional facilities and inspect policy and procedure manuals and medical 7 protocols, interview health services providers and inmate-patients, 8 review medical grievances, and inspect a representative sample of 9 medical records of inmates [known to be infected with HIV or HCV or have 10 AIDS]. Prior to initiating a review of a correctional system, the 11 commissioner shall inform the public, including patients, their families 12 and patient advocates, of the scheduled review and invite them to 13 provide the commissioner with relevant information. 14 (c) Upon the completion of such review, the department shall, in writ- 15 ing, approve such policy or practice as instituted in facilities oper- 16 ated by the department of corrections and community supervision, and in 17 any local correctional facility, or, based on specific, written recom- 18 mendations, direct the department of corrections and community super- 19 vision, or the authority responsible for the provision of medical care 20 to inmates in local correctional facilities to prepare and implement a 21 corrective plan to address deficiencies in areas where such policy or 22 practice fails to conform to current, generally accepted medical stand- 23 ards and procedures. The commissioner shall monitor the implementation 24 of such corrective plans and shall conduct such further reviews as the 25 commissioner deems necessary to ensure that identified deficiencies in 26 [HIV, AIDS and HCV] policies and practices are corrected. All written 27 reports pertaining to reviews provided for in this subdivision shall not 28 contain individual patient identifying information and shall be [main- 29 tained, under such conditions as the commissioner shall prescribe, as] 30 public information [available for public inspection] and shall be posted 31 on the department's website. 32 26-a. (a) The department, in consultation with the department of 33 corrections and community supervision, shall biennially study health 34 care staffing in facilities operated by the department of corrections 35 and community supervision and in local correctional facilities as 36 defined in subdivision sixteen of section two of the correction law. The 37 study shall examine: 38 (i) adequacy of staffing, including in specialties such as women's, 39 transgender, and geriatric health care; 40 (ii) potential challenges such as salary adequacy or geographic 41 factors; and 42 (iii) impact of staffing levels on availability of services. 43 (b) The first such study shall be completed and submitted to the 44 governor, the temporary president of the senate, and the speaker of the 45 assembly no later than two years and six months after the effective date 46 of this subdivision. 47 § 2. This act shall take effect immediately.