S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7576
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               April 1, 2025
                                ___________
 
 Introduced  by M. of A. ALVAREZ -- read once and referred to the Commit-
   tee on Correction
 
 AN ACT to amend the correction law, in relation to enacting  the  "McDow
   Watson medical transparency in correctional facilities act"
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Legislative findings  and  intent.  The  legislature  finds
 that:
   Timely  and  appropriate  medical  care  is a fundamental right of all
 individuals, including those  incarcerated  in  correctional  facilities
 within  the  state of New York, as guaranteed by the Eighth Amendment of
 the United States Constitution and Section 5 of Article I,  of  the  New
 York State Constitution, which prohibit cruel and unusual punishment.
   There have been documented instances of delays in treatment, denial of
 necessary  medication,  inadequate responses to medical emergencies, and
 insufficient communication with emergency contacts of incarcerated indi-
 viduals, resulting in unnecessary suffering, permanent  disability,  and
 even death. These instances include, but are not limited to, the follow-
 ing:
   1. Layleen Polanco (2019), Rikers Island: Ms. Polanco died in solitary
 confinement, and her family reportedly learned of her death from another
 incarcerated person, not from official channels.
   2.  Dante  Taylor  (2017), Mid-State Correctional Facility: Mr. Taylor
 died after reportedly  complaining  of  chest  pain  and  not  receiving
 adequate  medical  attention.  His family was reportedly not notified of
 his death for over 24 hours.
   3. Estate of Kyam Livingston v.  City  of  New  York  (2013),  Central
 Brooklyn  Holding:  Ms.  Livingston died in a jail cell after reportedly
 requesting medical assistance for hours. Her  family  was  not  promptly
 informed of her death.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11320-01-5
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   4.  John MacKenzie (2017) at Attica Correctional Facility: Mr. MacKen-
 zie was taken from the prison to the hospital, unconscious. The  depart-
 ment  of corrections and community supervision (DOCCS) took four days to
 notify Mr. MacKenzie's wife.
   5.  Bradley  D  (Confidential) Report by the Correctional Association:
 Mr.  D's colostomy bag ruptured, and  he  subsequently  developed  life-
 threatening  complications.  His  partner  called DOCCS for days without
 answers, and only found out he was in the hospital  when  staff  at  the
 hospital found him in the directory.
   6.  Numerous  documented  cases by The Correctional Association of New
 York:  This illustrates failures in DOCCS processes and policies.
   These, and many other similar cases, illustrate a  pattern  of  inade-
 quate medical care and deficient communication practices within New York
 State correctional facilities, highlighting the urgent need for systemic
 reform.
   It is the intent of the legislature to establish clear and enforceable
 procedures   for  emergency  contact  notification,  access  to  medical
 records, and independent  oversight  of  medical  care  in  correctional
 facilities, thereby protecting the constitutional rights of incarcerated
 individuals, promoting transparency and accountability, and ensuring the
 provision of adequate medical care.
   §  2.  Short  title.  This  act shall be known and may be cited as the
 "McDow Watson medical transparency in correctional facilities act".
   § 3. Section 17 of the correction law, as added by chapter 490 of  the
 laws of 2024, is amended to read as follows:
   §  17.  Notice  to  emergency  contacts.   1. FOR THE PURPOSES OF THIS
 SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "EMERGENCY CONTACT" MEANS:
   (I) AN INDIVIDUAL DESIGNATED BY AN INCARCERATED INDIVIDUAL TO  RECEIVE
 NOTIFICATIONS REGARDING SERIOUS MEDICAL EVENTS; OR
   (II)  IF  NO  INDIVIDUAL  IS  DESIGNATED, OR THE DESIGNATED INDIVIDUAL
 CANNOT BE REACHED AFTER REASONABLE ATTEMPTS, ONE OF THE FOLLOWING  INDI-
 VIDUALS, IN ORDER OF PRIORITY:
   (1) THE INCARCERATED INDIVIDUAL'S SPOUSE OR DOMESTIC PARTNER;
   (2) AN ADULT CHILD OF THE INCARCERATED INDIVIDUAL;
   (3) A PARENT OF THE INCARCERATED INDIVIDUAL;
   (4) AN ADULT SIBLING OF THE INCARCERATED INDIVIDUAL; OR
   (5)  THE  INCARCERATED  INDIVIDUAL'S LEGAL GUARDIAN OR LEGAL REPRESEN-
 TATIVE.
   (B) "SERIOUS MEDICAL EVENT" MEANS ANY OF THE FOLLOWING:
   (I) INPATIENT HOSPITALIZATION;
   (II) ANY SURGERY REQUIRING GENERAL ANESTHESIA;
   (III) A LIFE-THREATENING ILLNESS OR INJURY;
   (IV) ANY CONDITION THAT RENDERS THE INCARCERATED INDIVIDUAL UNABLE  TO
 COMMUNICATE;
   (V) SIGNIFICANT, PERMANENT IMPAIRMENT OR DISFIGUREMENT;
   (VI) DIAGNOSIS OF A TERMINAL ILLNESS WITH A PROGNOSIS OF SIX MONTHS OR
 LESS TO LIVE;
   (VII) TRANSFER TO A MEDICAL INTENSIVE CARE UNIT (ICU);
   (VIII) AN ATTEMPTED SUICIDE; AND
   (IX)  ANY  OTHER  MEDICAL  CONDITION  THAT,  IF  LEFT UNTREATED, COULD
 REASONABLY BE EXPECTED TO RESULT IN  SIGNIFICANT  PAIN,  DISABILITY,  OR
 DEATH.
   (C)  "MEDICAL  RECORD"  MEANS  ANY  RECORD, IN ANY FORM, ELECTRONIC OR
 PAPER, RELATING TO THE PAST,  PRESENT,  OR  FUTURE  PHYSICAL  OR  MENTAL
 HEALTH  OR  CONDITION  OF AN INCARCERATED INDIVIDUAL, INCLUDING, BUT NOT
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 LIMITED TO, ADMISSION AND DISCHARGE SUMMARIES, PROGRESS NOTES, PHYSICIAN
 ORDERS, NURSING NOTES, LABORATORY RESULTS, RADIOLOGY REPORTS, MEDICATION
 ADMINISTRATION RECORDS, CONSULTATION REPORTS, AND ANY  OTHER  DOCUMENTA-
 TION RELATED TO THE INDIVIDUAL'S MEDICAL CARE AND TREATMENT.
   2. EACH CORRECTIONAL FACILITY SHALL MAINTAIN A PROCEDURE FOR INCARCER-
 ATED  INDIVIDUALS  TO  DESIGNATE  AND REGULARLY UPDATE EMERGENCY CONTACT
 INFORMATION, INCLUDING TELEPHONE, TEXT,  AND  SECURE  DIGITAL  MESSAGING
 OPTIONS.  SUCH EMERGENCY CONTACT INFORMATION SHALL BE READILY ACCESSIBLE
 TO AUTHORIZED PERSONNEL.
   3. Within [twenty-four] TWELVE hours  of  [the  attempted  suicide  or
 hospitalization]  A  SERIOUS MEDICAL EVENT of an incarcerated individual
 or any other individual occurring in the custody of the  department,  OR
 AS SOON AS REASONABLY PRACTICABLE THEREAFTER, BUT IN NO EVENT LATER THAN
 TWENTY-FOUR HOURS AFTER SUCH SERIOUS MEDICAL EVENT, the department shall
 notify  the  emergency contacts of such incarcerated individual or other
 such individual.
   4. SUCH NOTIFICATION SHALL BE MADE BY TELEPHONE, AND FOLLOWED UP  WITH
 WRITTEN  CONFIRMATION  SENT BY MAIL, TEXT OR SHORT MESSAGE SERVICE (SMS)
 MESSAGING OR EMAIL, IF AN EMAIL ADDRESS IS AVAILABLE.
   5. SUCH NOTIFICATION SHALL INCLUDE:
   (A) A DESCRIPTION OF THE SERIOUS MEDICAL EVENT;
   (B) THE LOCATION OF THE INCARCERATED INDIVIDUAL, SUCH AS A HOSPITAL OR
 CORRECTIONAL FACILITY INFIRMARY; AND
   (C) CONTACT INFORMATION FOR THE CORRECTIONAL FACILITY'S MEDICAL ADMIN-
 ISTRATION OR DESIGNATED MEDICAL LIAISON.
   6. SUCH NOTIFICATION MAY BE DELAYED ONLY IF THERE IS A DOCUMENTED  AND
 SPECIFIC THREAT TO THE SAFETY AND SECURITY OF THE CORRECTIONAL FACILITY,
 STAFF, OTHER INCARCERATED INDIVIDUALS OR THE EMERGENCY CONTACT, AND SUCH
 DELAY IS APPROVED IN WRITING BY THE WARDEN OR A DESIGNEE AT THE LEVEL OF
 DEPUTY  WARDEN  OR  HIGHER.  THE  REASON FOR SUCH DELAY AND THE APPROVAL
 SHALL BE DOCUMENTED IN THE  INCARCERATED  INDIVIDUAL'S  MEDICAL  RECORD.
 NOTIFICATION  SHALL  OCCUR  AS  SOON  AS SUCH SECURITY RISK IS NO LONGER
 PRESENT.
   7. IF THE INCARCERATED INDIVIDUAL IS DEMONSTRABLY  COMPETENT  TO  MAKE
 MEDICAL  DECISIONS  AND EXPLICITLY OBJECTS TO SUCH NOTIFICATION REQUIRED
 PURSUANT TO THIS SECTION IN WRITING, AND THE SITUATION IS NOT IMMEDIATE-
 LY LIFE-THREATENING, SUCH NOTIFICATION MAY BE WITHHELD. HOWEVER, IF  THE
 SITUATION  BECOMES  LIFE-THREATENING, SUCH NOTIFICATION SHALL OCCUR. THE
 PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY IF  THE  SERIOUS  MEDICAL
 EVENT RENDERS THE INCARCERATED INDIVIDUAL UNABLE TO COMMUNICATE.
   8.  THE  DEPARTMENT  SHALL  MAINTAIN  A  RECORD  OF  ALL  NOTIFICATION
 ATTEMPTS, INCLUDING THE DATE AND TIME OF THE SERIOUS MEDICAL EVENT,  THE
 DATE  AND  TIME  OF  EACH NOTIFICATION ATTEMPT, THE NAME OR NAMES OF THE
 EMERGENCY CONTACT OR CONTACTS NOTIFIED OR ATTEMPTED TO BE NOTIFIED,  THE
 METHOD  OF  NOTIFICATION,  THE  NAME  AND  TITLE OF THE DEPARTMENT STAFF
 MEMBER RESPONSIBLE FOR NOTIFICATION, AND THE REASONS FOR  ANY  DELAY  OR
 FAILURE  TO NOTIFY, INCLUDING ANY DELAY OR FAILURE TO NOTIFY PURSUANT TO
 THE PROVISIONS OF SUBDIVISION SIX OR SEVEN OF THIS SECTION.
   § 4. The correction law is amended by adding a  new  section  17-a  to
 read as follows:
   §  17-A.  MEDICAL  RECORD ACCESS. 1. FOR THE PURPOSES OF THIS SECTION,
 "MEDICAL RECORD" SHALL HAVE THE  SAME  MEANING  AS  DEFINED  IN  SECTION
 SEVENTEEN OF THIS ARTICLE.
   2.  INCARCERATED  INDIVIDUALS  AND  THEIR  DESIGNATED REPRESENTATIVES,
 INCLUDING ATTORNEYS AND INDIVIDUALS WITH A VALID POWER  OF  ATTORNEY  OR
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 OTHER LEGAL AUTHORIZATION, SHALL HAVE THE RIGHT TO ACCESS SUCH INCARCER-
 ATED INDIVIDUAL'S MEDICAL RECORDS.
   3.  CORRECTIONAL FACILITIES SHALL ESTABLISH A CLEAR AND WRITTEN PROCE-
 DURE FOR REQUESTING AND OBTAINING MEDICAL RECORDS. SUCH PROCEDURE  SHALL
 BE  MADE  READILY AVAILABLE TO INCARCERATED INDIVIDUALS AND THEIR REPRE-
 SENTATIVES.
   4. MEDICAL RECORDS SHALL BE PROVIDED WITHIN FIFTEEN BUSINESS DAYS OF A
 WRITTEN REQUEST. IN CASES OF URGENT MEDICAL NEED,  AS  DETERMINED  BY  A
 LICENSED  MEDICAL  PROFESSIONAL,  THE  CORRECTIONAL  FACILITY SHALL MAKE
 EVERY REASONABLE EFFORT  TO  PROVIDE  SUCH  RECORDS  WITHIN  TWENTY-FOUR
 HOURS.
   5.  ACCESS  TO  MEDICAL  RECORDS  PURSUANT  TO  THE PROVISIONS OF THIS
 SECTION SHALL BE IN COMPLIANCE WITH THE HEALTH INSURANCE PORTABILITY AND
 ACCOUNTABILITY ACT OF 1996 AND OTHER APPLICABLE STATE AND FEDERAL LAWS.
   § 5. The correction law is amended by adding a  new  section  17-b  to
 read as follows:
   §  17-B.  INDEPENDENT  MEDICAL  OVERSIGHT. 1. FOR THE PURPOSES OF THIS
 SECTION, "MEDICAL RECORD" SHALL HAVE THE  SAME  MEANING  AS  DEFINED  IN
 SECTION SEVENTEEN OF THIS ARTICLE.
   2.  THERE IS HEREBY ESTABLISHED AN INDEPENDENT MEDICAL OVERSIGHT BODY,
 HEREINAFTER REFERRED TO AS THE "OVERSIGHT BODY", TO MONITOR AND EVALUATE
 THE QUALITY OF MEDICAL CARE PROVIDED TO INCARCERATED INDIVIDUALS  WITHIN
 CORRECTIONAL FACILITIES AND TO ENSURE COMPLIANCE WITH CONSTITUTIONAL AND
 STATUTORY REQUIREMENTS FOR ADEQUATE MEDICAL CARE.
   3. THE OVERSIGHT BODY SHALL BE COMPRISED OF NINE MEMBERS AS FOLLOWS:
   (A)  THREE  MEMBERS  WHO  SHALL BE LICENSED MEDICAL PROFESSIONALS WITH
 EXPERTISE IN INTERNAL MEDICINE, EMERGENCY  MEDICINE  OR  MENTAL  HEALTH,
 SELECTED BY A CONSORTIUM OF INDEPENDENT MEDICAL ORGANIZATIONS;
   (B)  ONE  MEMBER  WHO  SHALL  BE  A LICENSED MEDICAL PROFESSIONAL WITH
 EXPERTISE IN CORRECTIONAL HEALTHCARE, SELECTED BY A CONSORTIUM OF  INDE-
 PENDENT MEDICAL ORGANIZATIONS; AND
   (C)  FIVE MEMBERS WHO SHALL BE PATIENT ADVOCATES OR REPRESENTATIVES OF
 ORGANIZATIONS WITH DEMONSTRATED EXPERIENCE IN ADVOCATING FOR THE  RIGHTS
 OF INCARCERATED INDIVIDUALS OR OTHER VULNERABLE POPULATIONS, SELECTED BY
 A COALITION OF CIVIL RIGHTS ORGANIZATIONS.
   4.  NO MEMBER OF THE OVERSIGHT BODY SHALL BE CURRENTLY EMPLOYED BY THE
 DEPARTMENT, NOR SHALL ANY MEMBER HAVE BEEN EMPLOYED  BY  THE  DEPARTMENT
 WITHIN THE FIVE YEARS PRECEDING THEIR APPOINTMENT.
   5. THE OVERSIGHT BODY SHALL HAVE THE FOLLOWING POWERS AND DUTIES:
   (A) TO CONDUCT REGULAR, UNANNOUNCED AUDITS OF MEDICAL CARE PROVIDED IN
 EACH CORRECTIONAL FACILITY AT LEAST ANNUALLY;
   (B)  TO  INVESTIGATE COMPLAINTS RELATED TO MEDICAL CARE, INCLUDING BUT
 NOT LIMITED TO,  ALLEGATIONS  OF  INADEQUATE  TREATMENT,  DELAYED  CARE,
 DENIAL  OF  CARE,  AND FAILURE TO COMPLY WITH THE PROVISIONS OF SECTIONS
 SEVENTEEN AND SEVENTEEN-A OF THIS ARTICLE;
   (C) TO ACCESS MEDICAL RECORDS AND OTHER RELEVANT INFORMATION NECESSARY
 FOR THE PERFORMANCE OF ITS DUTIES, CONSISTENT WITH THE HEALTH  INSURANCE
 PORTABILITY  AND  ACCOUNTABILITY  ACT OF 1996 AND OTHER APPLICABLE STATE
 AND FEDERAL PRIVACY LAWS;
   (D) TO ISSUE PUBLIC REPORTS, AT LEAST  ANNUALLY,  ON  THE  QUALITY  OF
 MEDICAL  CARE  IN CORRECTIONAL FACILITIES, INCLUDING FINDINGS AND RECOM-
 MENDATIONS FOR IMPROVEMENT, WHICH SHALL BE SUBMITTED  TO  THE  GOVERNOR,
 THE LEGISLATURE, AND THE COMMISSIONER;
   (E)  TO  MAKE  RECOMMENDATIONS  TO  THE DEPARTMENT AND THE LEGISLATURE
 REGARDING POLICIES, PROCEDURES, AND LEGISLATION RELATED TO MEDICAL  CARE
 IN CORRECTIONAL FACILITIES; AND
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   (F)  TO  ESTABLISH  AND  MAINTAIN A CLEAR AND ACCESSIBLE PROCEDURE FOR
 RECEIVING AND PROCESSING COMPLAINTS FROM  INCARCERATED  INDIVIDUALS  AND
 THEIR FAMILIES OR REPRESENTATIVES REGARDING MEDICAL CARE.
   6. THE OVERSIGHT BODY SHALL MEET AT LEAST QUARTERLY AND SHALL MAINTAIN
 DETAILED RECORDS OF ITS MEETINGS, INVESTIGATIONS, AND ACTIVITIES.
   7.  THE  DEPARTMENT  SHALL COOPERATE FULLY WITH THE OVERSIGHT BODY AND
 SHALL PROVIDE ACCESS  TO  ALL  FACILITIES,  PERSONNEL,  AND  INFORMATION
 NECESSARY FOR THE OVERSIGHT BODY TO CARRY OUT ITS DUTIES.
   §  6.  The  correction  law is amended by adding a new section 17-c to
 read as follows:
   § 17-C. EMERGENCY CONTACT NOTICE AND MEDICAL RECORD ACCESS ENFORCEMENT
 AND PENALTIES. 1. THE DEPARTMENT SHALL BE RESPONSIBLE FOR ENFORCING  THE
 PROVISIONS OF SECTIONS SEVENTEEN AND SEVENTEEN-A OF THIS ARTICLE.
   2.  FAILURE  TO  COMPLY  WITH THE PROVISIONS OF SECTIONS SEVENTEEN AND
 SEVENTEEN-A OF THIS ARTICLE MAY RESULT IN A FINE OF UP TO  TEN  THOUSAND
 DOLLARS PER VIOLATION, TO BE IMPOSED UPON THE CORRECTIONAL FACILITY. THE
 COMMISSIONER  OR  SUCH COMMISSIONER'S DESIGNEE SHALL DETERMINE WHETHER A
 VIOLATION HAS OCCURRED AFTER AN INVESTIGATION AND A FINDING OF  NON-COM-
 PLIANCE.
   3.  REPEATED  OR EGREGIOUS VIOLATIONS OF SECTIONS SEVENTEEN AND SEVEN-
 TEEN-A OF THIS ARTICLE MAY RESULT IN:
   (A)  MANDATORY  INDEPENDENT  REVIEW  OF  THE  CORRECTIONAL  FACILITY'S
 MEDICAL PROCEDURES; AND
   (B)  INCREASED  FINES  OF  UP TO FIFTY THOUSAND DOLLARS PER SUBSEQUENT
 VIOLATION.
   § 7. The correction law is amended by adding a  new  section  17-d  to
 read as follows:
   §  17-D.  CORRECTIONAL FACILITY MEDICAL DATA COLLECTION AND REPORTING.
 THE DEPARTMENT SHALL COLLECT AND  COMPILE  DATA  ON  MEDICAL  INCIDENTS,
 RESPONSE  TIMES,  AND  CORRECTIONAL  FACILITY  COMPLIANCE  WITH SECTIONS
 SEVENTEEN AND SEVENTEEN-A OF THIS ARTICLE, AND SHALL PUBLISH  AN  ANNUAL
 PUBLIC REPORT DETAILING SUCH COLLECTED DATA.
   § 8. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion,  section  or  part  of  this act shall be adjudged by any court of
 competent jurisdiction to be invalid, such judgment  shall  not  affect,
 impair,  or  invalidate  the remainder thereof, but shall be confined in
 its operation to the clause, sentence, paragraph,  subdivision,  section
 or part thereof directly involved in the controversy in which such judg-
 ment shall have been rendered. It is hereby declared to be the intent of
 the  legislature  that  this  act  would  have been enacted even if such
 invalid provisions had not been included herein.
   § 9. This act shall take effect immediately.