Requires the New York city department of corrections and the New York city health and hospitals corporation to adopt safety policies to protect health care workers who treat incarcerated individuals.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8083A
SPONSOR: Cruz TITLE OF BILL:
An act to amend the administrative code of the city of New York, in
relation to requiring the New York city department of corrections and
the New York city health and hospitals corporation to adopt safety poli-
cies and training to protect health care workers
PURPOSE OR GENERAL IDEA OF BILL:
Requires the New York city department of corrections and the New York
city health and hospitals corporation to adopt safety policies to
protect health care workers who treat incarcerated individuals.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1. The administrative code of the city of New York is amended by
adding a new section 9-163:
Subsection (a) provides for definitions relevant to this section of law;
Subsection (b) creates a healthcare worker safety policy;
Subsection 2. Requires yearly training for all uniformed staff and all
special officers as defined in law regarding minimum standards to secure
an incarcerated individual in the presence of a health care worker.
Subsection (c) puts in place reporting requirements due every 6 months
to ensure safety policies are being reviewed, implemented, in compliance
and upgraded as needs arise. Also requires a yearly report to the legis-
lature with compilation of all safety protocols in place, new protocols
engaged and recommendations on any actions needed by lawmakers.
Subsection (d) puts in place a right of action to ensure health care
workers harmed during their course of duties due to the negligence of
supervising agencies and authorities have access to recourse for any
harm caused.
Section 3. This act shall take effect immediately.
JUSTIFICATION:
Healthcare professionals working in and with the Department of
Corrections (DOCS), Correctional Health Services (CHS) of NYC Health &
Hospitals (H+H) want the ability to deliver timely and quality care to
detainees and to be able to work through our shift without being
assaulted or killed.
There is a vital shortage of correction officers, a failure to properly
assign correction officers and a failure and inability of the Department
of Corrections (DOC) and Correctional Health Services (CHS) of Health &
Hospitals (H+H) to ensure existing policies are adhered to and to estab-
lish new ones to address the growing health and safety crisis confront-
ing health care workers that also impairs the ability of detainees to
receive needed care in a timely manner. There is a rising number of
health care workers who are working every shift afraid for our lives,
health and safety and being harmed. These health care professionals need
to see immediate action and changes made in how inmates are scheduled
for medical care visitations and how they are supervised during these
health care visits.
Meetings by representatives of these health care workers have met with
representatives of NY City, DOC and CHS but not enough is being done to
protect them from the dangerous conditions at Rikers Island and to
ensure that the detainees receive timely health care services.
Doctors have urged and continue to urge for, effective measures now
before a medical staff member gets injured or killed. Currently, health
care professionals are yelled at, cursed at, spit at, threatened and
assaulted.
These are tough conditions to work under and deliver quality care in.
The growing health and safety crisis confronting health care workers
also impairs the ability of inmates to receive needed care in a timely
manner. New admissions are not being processed in a timely manner
because there is no officer in the clinic.
Detainees are not brought in for medical follow up, nursing care,
dental, wound care, medical and mental health follow up. Detainees are
not going to X-ray and specialty clinics due to shortage of correction
officers.
Mental Health detainees have delayed wait times in the pen with no
mattress, unsanitary conditions and sometimes no medications.
Suggestions for improvement to the current system have met with
responses from DOC and New York City that state that they cannot or will
not make any change or that they admit they violated their own existing
safety policies but there is no clear accountability.
This legislation seeks to set up a mechanism to quickly address these
problems while providing impacted health care professionals with direct
input into existing policies and proposed safety protocols on a routine
basis.
This legislation furthers the incentive for impacted agencies to address
the safety lapses and workplace safety rules and regulations through
strict enforcement by giving health care workers the right of action
against the negligence of supervising entities.
FISCAL IMPLICATIONS:
None
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
8083--A
2023-2024 Regular Sessions
IN ASSEMBLY
September 29, 2023
___________
Introduced by M. of A. CRUZ -- read once and referred to the Committee
on Cities -- recommitted to the Committee on Cities in accordance with
Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the administrative code of the city of New York, in
relation to requiring the New York city department of corrections and
the New York city health and hospitals corporation to adopt safety
policies and training to protect health care workers
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The administrative code of the city of New York is amended
2 by adding a new section 9-167 to read as follows:
3 § 9-167 Health care worker safety policy; reports. a. Definitions. As
4 used in this section, the following terms shall have the following mean-
5 ings:
6 1. "Correctional health services" means the division of the New York
7 city health and hospitals corporation responsible for the delivery of
8 health and mental health services to incarcerated individuals in the
9 custody of the department, and any other health care entity designated
10 by the city of New York as the agency or agencies responsible for health
11 services for incarcerated individuals in the care and custody of the
12 department, including an outside provider sharing such responsibilities.
13 2. "Health care worker" means a health care professional employed by
14 correctional health services or another entity described in paragraph
15 one of this subdivision who regularly provides health and mental health
16 services to incarcerated individuals in the custody of the department.
17 Such term shall include dentists, physical therapists and subcontractors
18 of any health care entity designated by the city of New York as the
19 agency or agencies responsible for health services for incarcerated
20 individuals in the care and custody of the department, including an
21 outside provider.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09328-04-4
A. 8083--A 2
1 3. "Hospitals corporation" or "corporation" means the New York city
2 health and hospitals corporation.
3 4. "Special officer" means a peace officer appointed pursuant to
4 subdivision forty of section 2.10 of the criminal procedure law and
5 employed by the city of New York or the New York city health and hospi-
6 tals corporation to perform the patrol, investigation, and maintenance
7 of the peace duties of special officer, senior special officer and
8 hospital security officer.
9 b. Health care worker safety policy. 1. The department, in collab-
10 oration with correctional health services shall develop and implement a
11 joint health care worker safety policy to protect health care workers
12 from assault and other violent incidents during the provision of
13 services to incarcerated individuals. Such policy shall establish a
14 minimum standard of care for health care worker safety which shall, at
15 minimum:
16 2. Require yearly training for all uniformed staff of the department
17 and all special officers as defined in paragraph four of subdivision a
18 of this section regarding minimum standards necessary to secure an
19 incarcerated individual in the presence of a health care worker.
20 3. Establish protocols in consultation with stakeholders such as
21 health care employee unions, advocacy and community groups, for requir-
22 ing uniformed staff of the department and all special officers to inform
23 all health care workers who will or are likely to come into contact with
24 an incarcerated individual with a history of violent or aggressive
25 behavior whenever such individual is admitted to a hospital or other
26 medical facility. Such protocols shall be reviewed, and modified if
27 deemed necessary, by the department and health care providers on an
28 annual basis to ensure such protocols are adequate to protect health
29 care workers.
30 c. Reporting. 1. No later than ninety days after the effective date of
31 this section, and every six months thereafter, the department and
32 correctional health services shall publish a joint report on the health
33 care worker safety policy, which shall include but not be limited to a
34 review of any new rules and regulations promulgated or amended pursuant
35 thereto, and an evaluation of compliance with the policy at each correc-
36 tional facility and any medical facility subject to the provisions of
37 this chapter.
38 2. No later than nine months after the effective date of this section
39 and annually, the department and correctional health services shall
40 prepare and submit a report to the legislature. Such report shall
41 include a copy of every joint report published pursuant to paragraph two
42 of this subdivision during the twelve months preceding the date on which
43 the report required pursuant to this paragraph is due and any related
44 materials, together with any recommendations or proposals relating to
45 health care worker safety. Such report shall include an analysis of
46 whether certain punitive measures, including but not limited to the
47 imposition of a higher maximum sentence of imprisonment for assault on a
48 health care worker by an incarcerated individual, and/or provisions for
49 the extension of such an individual's current sentence should be consid-
50 ered by the legislature as a deterrent to such assaults.
51 d. Private right of action. 1. The department, the corporation, or
52 both such department and corporation shall be liable for damages to any
53 health care worker who suffers injuries as a result of any failure to
54 enforce or comply with minimum standards of care established pursuant to
55 subdivision b of this section.
A. 8083--A 3
1 2. A health care worker aggrieved by a violation of paragraph one of
2 this subdivision and subdivision b of this section shall have a cause of
3 action in any court of competent jurisdiction against the department,
4 the corporation or both such department and corporation.
5 § 2. This act shall take effect immediately.
