S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   903

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  M.  of  A.  GOTTFRIED, AUBRY, DINOWITZ, PAULIN, PEOPLES,
  BRODSKY,  JOHN,  MILLMAN,  ROBINSON,  ESPAILLAT,  BOYLAND,  ROSENTHAL,
  KAVANAGH,  JAFFEE  --  Multi-Sponsored by -- M. of A. ARROYO, BRENNAN,
  BROOK-KRASNY,  CAHILL,  CLARK,  COOK,  CYMBROWITZ,  DIAZ,   EDDINGTON,
  FARRELL,  GANTT,  GLICK,  GREENE,  HOOPER,  JACOBS,  KELLNER,  LIFTON,
  V. LOPEZ, MARKEY, MAYERSOHN, McENENY, ORTIZ, PERRY,  PHEFFER,  POWELL,
  PRETLOW,  J. RIVERA, P. RIVERA, SCARBOROUGH, SEMINERIO, TOWNS, WEISEN-
  BERG, WRIGHT -- read once and referred to the Committee on Health

AN ACT to amend the public health law,  in  relation  to  department  of
  health  review of policies and practices in facilities operated by the
  department of correctional services, and in local correctional facili-
  ties regarding human immunodeficiency virus, acquired immunodeficiency
  syndrome and hepatitis C

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 206 of the public health law is amended by adding a
new subdivision 26 to read as follows:
  26.  THE  COMMISSIONER IS HEREBY AUTHORIZED AND DIRECTED TO REVIEW ANY
POLICY OR PRACTICE INSTITUTED IN FACILITIES OPERATED BY  THE  DEPARTMENT
OF  CORRECTIONAL  SERVICES REGARDING HUMAN IMMUNODEFICIENCY VIRUS (HIV),
ACQUIRED IMMUNODEFICIENCY SYNDROME (AIDS), AND HEPATITIS C (HCV) INCLUD-
ING THE PREVENTION OF THE TRANSMISSION OF HIV AND HCV AND THE  TREATMENT
OF AIDS, HIV AND HCV AMONG INMATES. SUCH REVIEW SHALL BE PERFORMED ANNU-
ALLY AND SHALL FOCUS ON WHETHER SUCH HIV, AIDS OR HCV POLICY OR PRACTICE
IS  CONSISTENT  WITH  CURRENT,  GENERALLY ACCEPTED MEDICAL STANDARDS AND
PROCEDURES USED TO PREVENT THE TRANSMISSION OF HIV AND HCV AND TO  TREAT
AIDS,  HIV AND HCV AMONG THE GENERAL PUBLIC. IN PERFORMING SUCH REVIEWS,
IN ORDER TO DETERMINE THE QUALITY AND ADEQUACY  OF  CARE  AND  TREATMENT
PROVIDED,  DEPARTMENT  PERSONNEL  ARE  AUTHORIZED  TO ENTER CORRECTIONAL
FACILITIES AND INSPECT POLICY AND PROCEDURE MANUALS AND  MEDICAL  PROTO-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD00355-01-9

A. 903                              2

COLS,  INTERVIEW  HEALTH  SERVICES PROVIDERS AND INMATE-PATIENTS, REVIEW
MEDICAL GRIEVANCES, AND  INSPECT  A  REPRESENTATIVE  SAMPLE  OF  MEDICAL
RECORDS  OF  INMATES  KNOWN TO BE INFECTED WITH HIV OR HCV OR HAVE AIDS.
PRIOR  TO INITIATING A REVIEW OF A CORRECTIONAL SYSTEM, THE COMMISSIONER
SHALL INFORM THE PUBLIC, INCLUDING PATIENTS, THEIR FAMILIES AND  PATIENT
ADVOCATES,  OF  THE  SCHEDULED  REVIEW  AND  INVITE  THEM TO PROVIDE THE
COMMISSIONER WITH RELEVANT INFORMATION.  UPON  THE  COMPLETION  OF  SUCH
REVIEW,  THE  DEPARTMENT SHALL, IN WRITING, APPROVE SUCH POLICY OR PRAC-
TICE AS INSTITUTED IN FACILITIES OPERATED BY THE DEPARTMENT  OF  CORREC-
TIONAL  SERVICES  OR, BASED ON SPECIFIC, WRITTEN RECOMMENDATIONS, DIRECT
THE DEPARTMENT OF CORRECTIONAL  SERVICES  TO  PREPARE  AND  IMPLEMENT  A
CORRECTIVE  PLAN  TO  ADDRESS DEFICIENCIES IN AREAS WHERE SUCH POLICY OR
PRACTICE FAILS TO CONFORM TO CURRENT, GENERALLY ACCEPTED MEDICAL  STAND-
ARDS  AND  PROCEDURES. THE COMMISSIONER SHALL MONITOR THE IMPLEMENTATION
OF SUCH CORRECTIVE PLANS AND SHALL CONDUCT SUCH FURTHER REVIEWS  AS  THE
COMMISSIONER  DEEMS  NECESSARY TO ENSURE THAT IDENTIFIED DEFICIENCIES IN
HIV, AIDS AND HCV POLICIES AND  PRACTICES  ARE  CORRECTED.  ALL  WRITTEN
REPORTS  PERTAINING TO REVIEWS PROVIDED FOR IN THIS SUBDIVISION SHALL BE
MAINTAINED, UNDER SUCH CONDITIONS AS THE COMMISSIONER  SHALL  PRESCRIBE,
AS PUBLIC INFORMATION AVAILABLE FOR PUBLIC INSPECTION.
  S  2. Subdivision 26 of section 206 of the public health law, as added
by section one of this act, is amended to read as follows:
  26. The commissioner is hereby authorized and directed to  review  any
policy  or  practice instituted in facilities operated by the department
of correctional services, AND IN ALL LOCAL CORRECTIONAL  FACILITIES,  AS
DEFINED  IN  SUBDIVISION  SIXTEEN  OF SECTION TWO OF THE CORRECTION LAW,
regarding human immunodeficiency virus (HIV), acquired  immunodeficiency
syndrome  (AIDS),  and hepatitis C (HCV) including the prevention of the
transmission of HIV and HCV and the treatment of AIDS, HIV and HCV among
inmates. Such review shall be performed  annually  and  shall  focus  on
whether  such  HIV,  AIDS  or  HCV policy or practice is consistent with
current, generally accepted medical standards  and  procedures  used  to
prevent  the  transmission of HIV and HCV and to treat AIDS, HIV and HCV
among the general public. In performing such reviews, in order to deter-
mine the quality and adequacy of care and treatment provided, department
personnel are authorized to enter correctional  facilities  and  inspect
policy  and  procedure  manuals  and medical protocols, interview health
services providers and inmate-patients, review medical  grievances,  and
inspect  a  representative sample of medical records of inmates known to
be infected with HIV or HCV or have AIDS.  Prior to initiating a  review
of  a  correctional  system,  the  commissioner shall inform the public,
including patients, their families and patient advocates, of the  sched-
uled  review  and  invite them to provide the commissioner with relevant
information. Upon the completion of such review, the  department  shall,
in  writing, approve such policy or practice as instituted in facilities
operated by the department of correctional services, AND  IN  ANY  LOCAL
CORRECTIONAL  FACILITY,  or, based on specific, written recommendations,
direct the department of correctional services, OR THE AUTHORITY RESPON-
SIBLE FOR THE PROVISION OF MEDICAL CARE TO INMATES IN LOCAL CORRECTIONAL
FACILITIES to prepare and implement a corrective plan to  address  defi-
ciencies  in  areas  where  such  policy or practice fails to conform to
current,  generally  accepted  medical  standards  and  procedures.  The
commissioner  shall  monitor the implementation of such corrective plans
and shall conduct such further reviews as the commissioner deems  neces-
sary  to  ensure that identified deficiencies in HIV, AIDS and HCV poli-
cies and practices are corrected.  All  written  reports  pertaining  to

A. 903                              3

reviews provided for in this subdivision shall be maintained, under such
conditions  as  the  commissioner shall prescribe, as public information
available for public inspection.
  S  3.  This  act shall take effect immediately; provided, however that
the amendments to subdivision 26 of section 206 of the public health law
made by section two of this act shall take effect two years  after  this
act shall have become a law.