S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1127
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 14, 2019
                                ___________
 
 Introduced by M. of A. GOTTFRIED, WEPRIN, 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,  MONTESANO, BARRON, McDONOUGH -- Multi-Spon-
   sored by -- M.  of A. CRESPO, CROUCH -- read once and referred to  the
   Committee on Health
 
 AN  ACT to amend the public health law, in relation to health facilities
   and services in correctional facilities
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Subdivision 1 of section 2801 of the public health law, as
 amended by section 1 of subpart B of part S of chapter 57 of the laws of
 2018, is amended to read as follows:
   1. "Hospital" means a facility or institution engaged  principally  in
 providing services by or under the supervision of a physician or, in the
 case  of  a dental clinic or dental dispensary, of a dentist, or, in the
 case of a midwifery birth center, of  a  midwife,  for  the  prevention,
 diagnosis  or  treatment  of  human  disease, pain, injury, deformity or
 physical condition, including, but not limited to, a  general  hospital,
 public  health center, diagnostic center, treatment center, dental clin-
 ic, dental dispensary, rehabilitation center other than a facility  used
 solely  for vocational rehabilitation, nursing home, tuberculosis hospi-
 tal, chronic  disease  hospital,  maternity  hospital,  midwifery  birth
 center,  lying-in-asylum,  out-patient  department,  out-patient  lodge,
 dispensary, CORRECTIONAL  HEALTH  CARE  FACILITY  and  a  laboratory  or
 central  service facility serving one or more such institutions, but the
 term hospital shall not include  an  institution,  sanitarium  or  other
 facility  engaged  principally in providing services for the prevention,
 diagnosis or treatment of mental disability and which is subject to  the
 powers  of  visitation, examination, inspection and investigation of the
 department of mental hygiene except for those distinct parts of  such  a
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD03799-01-9

 A. 1127                             2
 
 facility  which provide hospital service. The provisions of this article
 shall not apply to a facility  or  institution  engaged  principally  in
 providing  services by or under the supervision of the bona fide members
 and  adherents  of  a  recognized religious organization whose teachings
 include reliance on spiritual means through prayer alone for healing  in
 the practice of the religion of such organization and where services are
 provided  in accordance with those teachings. No provision of this arti-
 cle or any other provision of law shall be construed to: (a)  limit  the
 volume  of  mental health or substance use disorder services that can be
 provided by a provider of primary  care  services  licensed  under  this
 article and authorized to provide integrated services in accordance with
 regulations  issued by the commissioner in consultation with the commis-
 sioner of the office of mental health and the commissioner of the office
 of alcoholism and substance abuse services, including regulations issued
 pursuant to subdivision seven of section three hundred  sixty-five-l  of
 the  social  services  law or part L of chapter fifty-six of the laws of
 two thousand twelve; (b) require a provider licensed pursuant to article
 thirty-one of the mental hygiene law or certified  pursuant  to  article
 thirty-two  of the mental hygiene law to obtain an operating certificate
 from the department if such provider  has  been  authorized  to  provide
 integrated services in accordance with regulations issued by the commis-
 sioner  in  consultation  with  the commissioner of the office of mental
 health and the commissioner of the office of  alcoholism  and  substance
 abuse  services,  including  regulations  issued pursuant to subdivision
 seven of section three hundred sixty-five-l of the social  services  law
 or part L of chapter fifty-six of the laws of two thousand twelve.
   §  2. Section 2801 of the public health law is amended by adding a new
 subdivision 12 to read as follows:
   12. "CORRECTIONAL HEALTH CARE FACILITY" MEANS A FACILITY OR PART OF  A
 FACILITY PROVIDING HEALTH CARE SERVICES TO PERSONS CONFINED IN A CORREC-
 TIONAL  FACILITY  OR  LOCAL  CORRECTIONAL FACILITY, THAT IS OPERATED BY,
 OPERATED  UNDER  CONTRACT  WITH  OR  SUPERVISED  BY  THE  DEPARTMENT  OF
 CORRECTIONS  AND  COMMUNITY  SUPERVISION, BY A COUNTY OR THE CITY OF NEW
 YORK OR BY A CORRECTIONAL FACILITY OR LOCAL  CORRECTIONAL  FACILITY.  AS
 USED IN THIS SUBDIVISION, "CORRECTIONAL FACILITY" AND "LOCAL CORRECTION-
 AL  FACILITY"  SHALL  HAVE  THE  SAME  MEANING  AS IN SECTION TWO OF THE
 CORRECTION LAW, EXCEPT THAT THE EXCLUSION OF  CERTAIN  FACILITIES  UNDER
 PARAGRAPH (B) OF SUBDIVISION FOUR OF THAT SECTION SHALL NOT APPLY.
   §  3. Section 2803 of the public health law is amended by adding a new
 subdivision 12 to read as follows:
   12. (A) THE COMMISSIONER, IN CONSULTATION  WITH  THE  COMMISSIONER  OF
 CORRECTIONS  AND COMMUNITY SUPERVISION, REPRESENTATIVES OF LOCAL CORREC-
 TIONAL FACILITIES, THE COMMISSIONER OF MENTAL HEALTH AND THE COMMISSION-
 ER OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES,  SHALL  MAKE  REGULATIONS
 RELATING  TO  CORRECTIONAL  HEALTH  CARE  FACILITIES, INCLUDING, BUT NOT
 LIMITED TO, THEIR ESTABLISHMENT, CONSTRUCTION, AND OPERATION,  CONSIDER-
 ING  THE  STANDARDS OF STATE AND NATIONAL ORGANIZATIONS KNOWLEDGEABLE IN
 CORRECTIONAL HEALTH CARE SERVICES.
   (B) A CORRECTIONAL HEALTH CARE FACILITY IN OPERATION ON THE  EFFECTIVE
 DATE  OF  THIS  SUBDIVISION  MAY CONTINUE TO OPERATE FOR TWO YEARS AFTER
 SUCH DATE REGARDLESS OF WHETHER IT IS HAS BEEN  ESTABLISHED  UNDER  THIS
 SECTION.
   §  4.  Subdivision  26  of  section  206  of the public health law, as
 amended by section 127-t of subpart B of part C of  chapter  62  of  the
 laws of 2011, is amended to read as follows:

 A. 1127                             3
 
   26.  The  commissioner is hereby authorized and directed to review any
 policy or practice instituted in facilities operated by  the  department
 of  corrections and community supervision, 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)]  HEALTH  CARE
 SERVICES  PROVIDED  TO  PERSONS  CONFINED IN THE FACILITY, including the
 prevention of [the transmission] INFECTION OR DISEASE [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] IN RELATION TO the
 general public. In performing such reviews, in order  to  determine  the
 quality  and adequacy of care and treatment provided, department person-
 nel 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, includ-
 ing  patients,  their  families  and patient advocates, of the scheduled
 review and invite them to provide the commissioner with relevant  infor-
 mation.  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 corrections and community supervision, and
 in  any  local  correctional  facility,  or,  based on specific, written
 recommendations, direct the  department  of  corrections  and  community
 supervision,  or  the authority responsible for the provision of medical
 care to inmates in local correctional facilities to prepare  and  imple-
 ment a corrective plan to address deficiencies in areas where such poli-
 cy  or  practice fails to conform to current, generally accepted medical
 standards and procedures.  The commissioner shall monitor the  implemen-
 tation  of  such corrective plans and shall conduct such further reviews
 as the commissioner deems necessary to ensure that identified  deficien-
 cies  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]  AND
 SHALL BE POSTED ON THE DEPARTMENT'S WEBSITE IN SEARCHABLE AND DOWNLOADA-
 BLE FORM; PROVIDED THAT PATIENT INDIVIDUAL IDENTIFYING INFORMATION SHALL
 BE  KEPT  CONFIDENTIAL  BY  THE COMMISSIONER. THIS SUBDIVISION SHALL NOT
 DIMINISH ANY OTHER AUTHORITY OR JURISDICTION OF THE COMMISSIONER.
   § 5. This act shall take effect one year after it shall have become  a
 law. Effective immediately, the commissioners of health, corrections and
 community supervision, mental health, and alcoholism and substance abuse
 services  shall  promulgate rules and regulations and take other actions
 reasonably necessary prior to such effective date necessary to implement
 the provisions of this act.