BILL NUMBER:S4904

TITLE OF BILL:  An act to amend the correction law, in relation to
health care services of county jail inmates

Purpose of the Bill:  To allow for the provision of inmate health care
services in county jails via contract with medical professional corpo-
rations.

Summary of Provisions:

Section 1 of the proposal amends section 501 of the Correction Law to
allow a county Board of Supervisors to procure the services of a profes-
sional partnership, a professional service corporation, a professional
service limited liability company or a registered limited liability
company, duly authorized to practice medicine in the state, for the
purpose of providing health services to the inmates of the county jail,
subject to the approval of the Attorney General

Section 2 makes the proposal effective immediately.

Existing Law:  Correction Law § 501 requires a county Board of Supervi-
sors to appoint a reputable physician, duly authorized to practice medi-
cine, as the physician to the county jail.

Prior Legislative History: This is a new proposal.
              

Statement in Support:  Correction Law § 501, enacted in 1929 and
unchanged since, provides that each county "must appoint some reputable
physician, duly authorized to practice medicine, as the physician to the
jail of the county. If there is more than one jail they must appoint a
physician to each. The physician to a jail holds his office at the plea-
sure of the board which appointed him, except in the county of Kings "
Besides the plain language of the statute which purports to require the
appointment of a single physician, it has been held that "a duly
appointed jail physician is a county officer as well as employee."
Douglas v. County of Oswego, 151 Misc.2d 239, 241 (Oswego Co Sup. Ct
1991); Op. State Compt 80-688 This being the case, the appointed jail
physician must take the constitutional oath and file it in the clerk's
office of the county pursuant to section 62 (formerly section 30) of the
Civil Service Law. Jacobs v Board of Supervisors of Rensselaer County,
236 A.D. 193 (3d Dept. 1932) Additionally, as an appointed county offi-
cer, a jail physician may not be engaged as an independent contractor,
but rather is entitled to all the benefits of being such an officer,
including legal representation and indemnification as provided in County
Law §§ 409 and 501 Op. State Compt. 80-688.

County legislatures, particularly upstate, have found it increasingly
difficult to identify and recruit a single physician to serve as the
physician to a jail, resulting in the need to contract with medical care
providers. New York law prohibits the corporate practice of medicine in
the State. Individuals licensed by the New York State Education Depart-

ment to practice medicine may, however, practice as a professional part-
nership, a professional service corporation, a professional service
limited liability company or registered limited liability company.
Despite these prohibitions, the Commission of Correction's Medical
Review Board has identified an increased involvement in general business
corporations providing unlawful medical, dental and mental health
services to inmates in local correctional facilities, often leading to
unacceptable consequences.  Following the Medical Review Board's refer-
ral of identified corporate medical practice to the Education Department
and the New York State Attorney General, and the subsequent investi-
gations by those entities, multiple providers have voluntarily restruc-
tured their organizations and contractual agreements to comply with
state law.

Recognizing that systems for health care delivery, particularly in the
public sector, have evolved and expanded since the statute's enactment
in 1929, it would seem that this law is ripe for legislative amendment
to allow for comprehensive managed care jail health services. The goal
of this proposal is to both allow for such comprehensive services and to
ensure that contracted providers are lawfully authorized to practice in
New York

Budget Implications: None

Local Impact:  As proposed, the bill would allow for the provision of
inmate health care services in county jails via contract with medical
professional corporations.

Effective Date:  Immediately