S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2149
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 15, 2025
                                ___________
 
 Introduced by M. of A. GONZALEZ-ROJAS, EPSTEIN -- read once and referred
   to the Committee on Health
 
 AN  ACT  to amend the public health law, in relation to expanding review
   of correctional health services and health care  staffing  at  correc-
   tional facilities
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 26 of section 206 of the public health law,  as
 separately  amended  by  chapters  45  and  322  of the laws of 2021, is
 amended and a new subdivision 26-a is added to read as follows:
   26. (A) The commissioner [is hereby authorized and  directed  to],  IN
 CONSULTATION WITH THE COMMISSIONER OF ADDICTION SERVICES AND SUPPORTS IN
 RELATION  TO SUBPARAGRAPH (X) OF THIS PARAGRAPH, SHALL 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:
   (I) human immunodeficiency virus (HIV)[,] AND acquired immunodeficien-
 cy syndrome (AIDS)[,];
   (II) hepatitis C (HCV)[, and];
   (III)  COVID-19[,  including the prevention of the transmission of and
 the treatment of such infections and diseases among  incarcerated  indi-
 viduals];
   (IV) EMERGING INFECTIOUS DISEASES;
   (V) WOMEN'S HEALTH;
   (VI) TRANSGENDER HEALTH;
   (VII)  CHRONIC  HEALTH CONDITIONS INCLUDING BUT NOT LIMITED TO ASTHMA,
 DIABETES, AND HEART DISEASE;
   (VIII) HEALTH CARE SERVICES FOR INDIVIDUALS  FIFTY  YEARS  OF  AGE  OR
 OLDER;
   (IX) DISCHARGE PLANNING OF HEALTH CARE SERVICES INCLUDING PLANNING FOR
 DISCHARGES  REQUIRING  RESIDENTIAL PLACEMENT OR LONG-TERM CARE SERVICES;
 AND
   (X) SUBSTANCE USE DISORDERS.
 
              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00615-01-5
 A. 2149                             2
 
   (B) Such [review] REVIEWS shall be performed at  least  annually,  and
 shall  focus  on  whether such [policy or practice is] POLICIES OR PRAC-
 TICES ARE consistent with current, generally accepted medical  standards
 and  procedures  used  to prevent the transmission of and to treat those
 infections  and  diseases  among  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 correc-
 tional  facilities  and inspect policy and procedure manuals and medical
 protocols, interview health services providers and incarcerated  indivi-
 dual-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 rele-
 vant information.
   (C) Upon the completion of such review, the department shall, in writ-
 ing, approve such policy or practice as instituted in  facilities  oper-
 ated  by the department of corrections and community supervision, and in
 any local correctional facility, or, based on specific,  written  recom-
 mendations,  direct  the  department of corrections and community super-
 vision, 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 standards 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 pertaining to reviews provided for in this subdivision SHALL NOT
 CONTAIN INDIVIDUAL PATIENT IDENTIFYING INFORMATION AND shall  be  [main-
 tained,  under  such conditions as the commissioner shall prescribe, as]
 public information [available for public inspection] AND SHALL BE POSTED
 ON THE DEPARTMENT'S WEBSITE.
   (D) AS USED IN THIS SUBDIVISION, "EMERGING INFECTIOUS  DISEASE"  MEANS
 AN  INFECTION  THAT HAS INCREASED RECENTLY OR IS THREATENING TO INCREASE
 IN THE NEAR FUTURE.
   26-A. (A) THE DEPARTMENT,  IN  CONSULTATION  WITH  THE  DEPARTMENT  OF
 CORRECTIONS  AND  COMMUNITY  SUPERVISION,  SHALL BIENNIALLY STUDY HEALTH
 CARE STAFFING IN FACILITIES OPERATED BY THE  DEPARTMENT  OF  CORRECTIONS
 AND  COMMUNITY  SUPERVISION  AND  IN  LOCAL  CORRECTIONAL  FACILITIES AS
 DEFINED IN SUBDIVISION SIXTEEN OF SECTION TWO OF THE CORRECTION LAW. THE
 STUDY SHALL EXAMINE:
   (I)  ADEQUACY OF STAFFING, INCLUDING IN SPECIALTIES SUCH  AS  WOMEN'S,
 TRANSGENDER, AND GERIATRIC HEALTH CARE;
   (II)  POTENTIAL  CHALLENGES  SUCH  AS  SALARY  ADEQUACY  OR GEOGRAPHIC
 FACTORS; AND
   (III) IMPACT OF STAFFING LEVELS ON AVAILABILITY OF SERVICES.
   (B) THE FIRST SUCH STUDY SHALL  BE  COMPLETED  AND  SUBMITTED  TO  THE
 GOVERNOR,  THE TEMPORARY PRESIDENT OF THE SENATE, AND THE SPEAKER OF THE
 ASSEMBLY NO LATER THAN ONE YEAR AFTER THE EFFECTIVE DATE OF THIS  SUBDI-
 VISION.
   § 2. This act shall take effect immediately.