S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    168
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  M.  of A. GOTTFRIED, WEPRIN, SIMON, DICKENS, DE LA ROSA,
   ABINANTI,  LAVINE,  PEOPLES-STOKES,  AUBRY,  PICHARDO,  STECK,   COOK,
   WALLACE,  WILLIAMS, DAVILA, BICHOTTE, TAYLOR, NIOU, MONTESANO, BARRON,
   McDONOUGH, FERNANDEZ, SAYEGH, DARLING -- Multi-Sponsored by --  M.  of
   A. DeSTEFANO -- 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 part Z of chapter 57 of the  laws  of  2019,  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.
                                                            LBD00049-01-1

 A. 168                              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,  substance use disorder services or develop-
 mental disability 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 commis-
 sioner  in  consultation  with  the commissioner of the office of mental
 health, the commissioner of the  office  of  [alcoholism  and  substance
 abuse]  ADDICTION  services  AND  SUPPORTS  and  the commissioner of the
 office for people with developmental disabilities, 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  sixteen  or  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  regu-
 lations issued by the commissioner in consultation with the commissioner
 of the office of mental health, the commissioner of the office of [alco-
 holism  and  substance  abuse]  ADDICTION  services AND SUPPORTS and the
 commissioner of the office for people with  developmental  disabilities,
 including  regulations  issued  pursuant to subdivision seven of section
 three hundred sixty-five-l of the social services law or part L of chap-
 ter 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 13 to read as follows:
   13.  (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  ADDICTION SERVICES AND SUPPORTS, SHALL MAKE REGULATIONS RELATING
 TO CORRECTIONAL HEALTH CARE FACILITIES, INCLUDING, BUT NOT  LIMITED  TO,
 THEIR ESTABLISHMENT, CONSTRUCTION, AND OPERATION, CONSIDERING THE STAND-
 ARDS  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.

 A. 168                              3
 
   §  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:
   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  addiction  services  and
 supports shall promulgate rules and regulations and take  other  actions
 reasonably necessary prior to such effective date necessary to implement
 the provisions of this act.