S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7849
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               July 7, 2023
                                ___________
 
 Introduced  by  M.  of  A.  CUNNINGHAM  -- 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  2  of part E of chapter 57 of the laws of 2023, 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, a rural emer-
 gency  hospital under 42 USC 1395x(kkk), or successor provisions, dental
 clinic, dental dispensary, rehabilitation center other than  a  facility
 used  solely  for  vocational rehabilitation, nursing home, tuberculosis
 hospital, 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11283-01-3
              

 A. 7849                             2
 
 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 15 to read as follows:
   15.  "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 14 to read as follows:
   14.  (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  HAS  BEEN  ESTABLISHED  UNDER  THIS
 SECTION.
   §  4. Subdivision 26 of section 206 of the public health law, as sepa-
 rately amended by chapters 45 and 322 of the laws of 2021, is amended to
 read as follows:
 A. 7849                             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),  hepatitis  C  (HCV),  and  COVID-19]
 HEALTH  CARE  SERVICES  PROVIDED  TO  PERSONS  CONFINED IN THE FACILITY,
 including the prevention of [the transmission of and  the  treatment  of
 such  infections  and diseases among incarcerated individuals] INFECTION
 OR DISEASE. Such review shall be performed at least annually, and  shall
 focus  on  whether  such  policy or practice is consistent with current,
 generally accepted medical standards and procedures used [to prevent the
 transmission of and to treat those infections  and  diseases  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 personnel are authorized to enter correctional facilities and
 inspect  policy  and  procedure manuals and medical protocols, interview
 health services providers and incarcerated  individual-patients,  review
 medical  grievances,  and  inspect  a  representative  sample of medical
 records of incarcerated individuals [known to be infected with any  such
 infections  or diseases]. 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  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 incarcerated
 individuals in local correctional facilities 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
 those policies and practices are corrected. All written reports pertain-
 ing 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 DOWNLOADABLE FORM; PROVIDED  THAT
 PATIENT INDIVIDUAL IDENTIFYING INFORMATION SHALL BE KEPT CONFIDENTIAL BY
 THE COMMISSIONER. THIS SUBDIVISION SHALL NOT DIMINISH ANY OTHER AUTHORI-
 TY OR JURISDICTION OF THE COMMISSIONER.
   §  5. This act shall take effect one year after it shall have become a
 law; provided, however, that if section 2 of part E of chapter 57 of the
 laws of 2023 shall not have taken effect on or  before  such  date  then
 section  one  of  this act shall take effect on the same date and in the
 same manner as such chapter of the laws of 2023 takes effect.  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.