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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A9044
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.
STATE OF NEW YORK
________________________________________________________________________
9044
IN ASSEMBLY
January 10, 2020
___________
Introduced by M. of A. GOTTFRIED, WEPRIN, L. ROSENTHAL, 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 -- 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.
LBD03805-05-0
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.
