S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4538
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 5, 2021
                                ___________
 
 Introduced  by  Sen.  RIVERA -- read twice and ordered printed, and when
   printed to be committed 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
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00049-02-1

 S. 4538                             2
 
 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.
   § 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:

 S. 4538                             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  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.