A09044 Summary:

SPONSORGottfried (MS)
COSPNSRWeprin, Rosenthal L, Ortiz, Simon, Dickens, Arroyo, Jaffee, D'Urso, De La Rosa, Abinanti, Lavine, Peoples-Stokes, Mosley, Aubry, Wright, Pichardo, Steck, Cook, Wallace, Williams, Davila, Bichotte, Taylor, Niou, Seawright, McDonough, Montesano, Barron, Fernandez, Sayegh, Darling, Ashby
MLTSPNSRCrespo, Crouch, DeStefano
Amd §206, Pub Health L
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.
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A09044 Actions:

01/10/2020referred to health
01/28/2020reported referred to ways and means
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A09044 Committee Votes:

HEALTH Chair:Gottfried DATE:01/28/2020AYE/NAY:24/0 Action: Favorable refer to committee Ways and Means

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A09044 Floor Votes:

There are no votes for this bill in this legislative session.
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A09044 Memo:

submitted in accordance with Assembly Rule III, Sec 1(f)
SPONSOR: Gottfried (MS)
  TITLE OF BILL: An act to amend the public health law, in relation to expanding health department review of correctional health services   PURPOSE OR GENERAL IDEA OF BILL: To expand Department of Health (DoH) review of health policies and prac- tices in Department of Corrections and Community Supervision (DOCCS) and local correctional facilities.   SUMMARY OF SPECIFIC PROVISIONS: Section one amends subdivision 26 of Public Health Law § 206 by adding additional categories of health services - women's health, transgender health, chronic health conditions, substance use disorder, health care services for individuals fifty years of age or older, and discharge planning - to DOH's existing power to review DOCCS and local jail HIV/AIDS and Hepatitis C policies. Section one also creates a new subdivision 26-a in § 206 to require a biennial study of health care staffing adequacy in DOCCS and local jails. Section two: effective date.   JUSTIFICATION: New York has over 50,000 inmates in DOCCS custody and another 25,000 in local correctional facilities. These inmates rely on correctional health care providers for their medical care. Many inmates are at high risk for illnesses related to poverty, addiction or mental illness, and women, transgender, and aging inmates have special needs. Subdivision 26 of PHL § 206, enacted in 2009, authorized DoH to review policies and practices in DOCCS and local facilities relating to HIV/AIDS and Hepatitis C. Implementation includes reviews of HIV and Hepatitis C services in DOCCS facilities done by State contractor IPRO, including on-site reviews, staff interviews, and medical record review. The 2009 law has been successful in addressing HIV/AIDS with a viral suppression rate consistently over 90% in DOCCS, and ten times more individuals currently receive Hepatitis C care in DOCCS than any other state. This bill builds on this success by expanding DoH's role in correctional care to additional categories of inmates, as well as oversight of discharge planning policies. Advocates have raised particular concerns about health care services for several categories of inmates and condi- tions. It is a particular challenge to ensure appropriate discharge planning for inmates who cannot be safely released without placement in residential facilities due to their care needs. Additionally, the bill directs DoH to study staffing levels in correc- tional settings. Witnesses at a 2017 hearing reported nursing vacancy rates of 20% and 25% for physicians in DOCCS facilities. The bill requires biennial reporting by DoH in consultation. with DOCCS on staff- ing adequacy; potential challenges to adequate staffing; and impacts of staffing levels on availability of services.   PRIOR LEGISLATIVE HISTORY: 2018: A. 9676 Reported to Codes 2019: A.1130A Vetoed   FISCAL IMPLICATIONS: Minimal.   EFFECTIVE DATE: Immediate.
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A09044 Text:

                STATE OF NEW YORK
                   IN ASSEMBLY
                                    January 10, 2020
        Introduced  by  M.  of A. GOTTFRIED, WEPRIN, L. ROSENTHAL, ORTIZ, SIMON,
          MONTESANO, BARRON, FERNANDEZ, SAYEGH, DARLING -- Multi-Sponsored by --
          M. of A. CRESPO, CROUCH, DeSTEFANO -- 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],  in
     6  consultation with the commissioner of addiction services and supports in
     7  relation  to  subparagraph  (viii)  of  this paragraph, shall review any
     8  policy or practice instituted in facilities operated by  the  department
     9  of  corrections and community supervision, and in all local correctional
    10  facilities, as defined in subdivision sixteen  of  section  two  of  the
    11  correction law, regarding:
    12    (i) human immunodeficiency virus (HIV)[,] and acquired immunodeficien-
    13  cy  syndrome  (AIDS), [and] including the prevention and transmission of
    14  HIV and the treatment of AIDS;
    15    (ii) hepatitis C (HCV) including the prevention of the transmission of
    16  [HIV and HCV and the treatment of AIDS, HIV and] HCV [among inmates];
    17    (iii) women's health;
    18    (iv) transgender health;
    19    (v) chronic health conditions including but  not  limited  to  asthma,
    20  diabetes, and heart disease;
    21    (vi) health care services for individuals fifty years of age or older;
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 9044                             2
     1    (vii)  discharge  planning  of health care services including planning
     2  for  discharges  requiring  residential  placement  or  long-term   care
     3  services; and
     4    (viii) substance use disorders.
     5    (b)  Such [review] reviews shall be performed annually and shall focus
     6  on whether such [HIV, AIDS or HCV  policy]  policies  or  [practice  is]
     7  practices are consistent with current, generally accepted medical stand-
     8  ards and procedures [used to prevent the transmission of HIV and HCV and
     9  to treat AIDS, HIV and HCV 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 HIV or HCV or have
    16  AIDS].  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  [HIV, AIDS and HCV] policies and practices are  corrected.  All  written
    33  reports pertaining to reviews provided for in this subdivision shall not
    34  contain  individual  patient identifying information and shall be [main-
    35  tained, under such conditions as the commissioner shall  prescribe,  as]
    36  public information [available for public inspection] and shall be posted
    37  on the department's website.
    38    26-a.  (a)  The  department,  in  consultation  with the department of
    39  corrections and community supervision,  shall  biennially  study  health
    40  care  staffing  in  facilities operated by the department of corrections
    41  and community  supervision  and  in  local  correctional  facilities  as
    42  defined in subdivision sixteen of section two of the correction law. The
    43  study shall examine:
    44    (i)  adequacy  of  staffing, including in specialties such as women's,
    45  transgender, and geriatric health care;
    46    (ii) potential  challenges  such  as  salary  adequacy  or  geographic
    47  factors; and
    48    (iii) impact of staffing levels on availability of services.
    49    (b)  The  first  such  study  shall  be completed and submitted to the
    50  governor, the temporary president of the senate, and the speaker of  the
    51  assembly  no later than one year after the effective date of this subdi-
    52  vision.
    53    § 2. This act shall take effect immediately.
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