S3842 - NY Senate Open Legislation - Provides for review by the department of health of policies and practices regarding HIV, AIDS and HCV at correctional facilities

Sponsor: DUANE
Co-sponsor(s): MONSERRATE, MONTGOMERY
Committee: HEALTH
Law Section: Public Health Law

S3842 Summary

Authorizes and directs the department of health to review any policy or practice instituted in facilities operated by the department of correctional services and in local correctional facilities regarding human immunodeficiency virus (HIV), acquired immunodeficiency syndrome (AIDS), and hepatitis C including the prevention of the transmission of HIV, HCV and the treatment of AIDS among inmates.

S3842 Actions

S3842 - COMMITTEE DISCHARGED AND COMMITTED TO RULES - Jul 16, 2009
S3842 - ORDERED TO THIRD READING CAL.914 - Jul 16, 2009
S3842 - REPORTED AND COMMITTED TO FINANCE - May 5, 2009
S3842 - REFERRED TO HEALTH - Apr 2, 2009

S3842 Calendars

Jul 16, 2009: FLOOR - BILLS ON THIRD READING

S3842 Votes

Vote: Committee - Jul 16, 2009

Ayes (18): SMITH, ESPADA, STACHOWSKI, MONTGOMERY, DUANE, HASSELL-THOMPSON, KRUEGER, PARKER, SERRANO, STEWART-COUSINS, DILAN, KLEIN, VALESKY, MONSERRATE, SKELOS, PADAVAN, SEWARD, LARKIN
Excused (1): JOHNSON O

Same As: A903 Votes

Vote: Floor - Jul 16, 2009

Ayes (57): ADAMS, ADDABBO, ALESI, AUBERTINE, BONACIC, BRESLIN, DEFRANCISCO, DILAN, DUANE, ESPADA, FARLEY, FLANAGAN, FUSCHILLO, GOLDEN, GRIFFO, HANNON, HASSELL-THOMPSON, HUNTLEY, JOHNSON C, KLEIN, KRUEGER, LANZA, LARKIN, LAVALLE, LEIBELL, LIBOUS, LITTLE, MARCELLINO, MAZIARZ, MCDONALD, MONSERRATE, MONTGOMERY, MORAHAN, NOZZOLIO, ONORATO, OPPENHEIMER, PADAVAN, PARKER, PERKINS, RANZENHOFER, ROBACH, SALAND, SAMPSON, SAVINO, SCHNEIDERMAN, SERRANO, SEWARD, SKELOS, SMITH, STACHOWSKI, STAVISKY, STEWART-COUSINS, THOMPSON, VALESKY, VOLKER, WINNER, YOUNG
Excused (5): DIAZ, FOLEY, JOHNSON O, KRUGER, SQUADRON

S3842 Memo

BILL NUMBER: S3842

TITLE OF BILL : An act to amend the public health law, in relation to department of health review of policies and practices in facilities operated by the department of correctional services, and in local correctional facilities regarding human immunodeficiency virus, acquired immunodeficiency syndrome and hepatitis C

PURPOSE : Provides for a review by the Department of Health of policies and practices of medical facilities within the Department of Correctional Services and in local correctional facilities regarding HN, AIDS, and hepatitis C (HCY).

SUMMARY OF PROVISIONS :

Section 1. Provides for a review by the Department of Health of policies and practices of medical facilities within the Department of Correctional Services regarding HIY, AIDS, and hepatitis C (HCY). DOH would have the authority to require correction of deficiencies that are contrary to professional standards.

Section 2. Provides for a review by the Department of Health of policies and practices of medical facilities in local correctional facilities regarding HIY, AIDS, and hepatitis C (HCY).

Section 3. Effective Date.

EXISTING LAW : None.

JUSTIFICATION : Of the 66,800 inmates in the custody of the Department of Correctional Services (DOCS), approximately 10,000 are infected with hepatitis C and more than 4,000 are HIV-infected. Incarceration provides an opportunity to test, treat and educate this population that has not had sufficient access to health care prior to incarceration but has experienced high incidences of chronic diseases, mental illness and substance abuse problems. Each year, approximately 29,000 inmates return to the community. providing essential medical care to these inmates is not only crucial to their well being, but also to their families, communities and the correctional staff with whom they come in contact.

LEGISLATIVE HISTORY : This is a new bill.

FISCAL IMPLICATIONS : To be determined.

LOCAL FISCAL IMPLICATIONS : To be determined.

EFFECTIVE DATE :

Section 1 is effective immediately.

Section 2 is effective two years after the act shall become law.

S3842 Text

S T A T E O F N E W Y O R K
3842
2009-2010 Regular Sessions I N SENATE April 2, 2009
Introduced by Sen. DUANE -- 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 department of health review of policies and practices in facilities operated by the department of correctional services, and in local correctional facili ties regarding human immunodeficiency virus, acquired immunodeficiency syndrome and hepatitis C THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM BLY, DO ENACT AS FOLLOWS:

Section 1.

Section 206 of the public health law is amended by adding a new subdivision 26 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 CORRECTIONAL SERVICES REGARDING HUMAN IMMUNODEFICIENCY VIRUS (HIV), ACQUIRED IMMUNODEFICIENCY SYNDROME (AIDS), AND HEPATITIS C (HCV) INCLUD ING THE PREVENTION OF THE TRANSMISSION OF HIV AND HCV AND THE TREATMENT OF AIDS, HIV AND HCV AMONG INMATES. SUCH REVIEW SHALL BE PERFORMED ANNU ALLY 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 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 PROTO COLS, 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, 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 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00355-01-9
S. 3842 2 REVIEW, THE DEPARTMENT SHALL, IN WRITING, APPROVE SUCH POLICY OR PRAC TICE AS INSTITUTED IN FACILITIES OPERATED BY THE DEPARTMENT OF CORREC TIONAL SERVICES OR, BASED ON SPECIFIC, WRITTEN RECOMMENDATIONS, DIRECT THE DEPARTMENT OF CORRECTIONAL SERVICES 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 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.

S 2. Subdivision 26 of section 206 of the public health law, as added by section one of this act, 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 correctional services, 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) including the prevention of the transmission 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 the general public. In performing such reviews, in order to deter mine 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 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, including patients, their families and patient advocates, of the sched uled 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 correctional services, AND IN ANY LOCAL CORRECTIONAL FACILITY, or, based on specific, written recommendations, direct the department of correctional services, OR THE AUTHORITY RESPON SIBLE FOR THE PROVISION OF MEDICAL CARE TO INMATES IN LOCAL CORRECTIONAL FACILITIES to prepare and implement a corrective plan to address defi ciencies 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 neces sary to ensure that identified deficiencies in HIV, AIDS and HCV poli cies 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.

S 3. This act shall take effect immediately; provided, however that the amendments to subdivision 26 of section 206 of the public health law made by section two of this act shall take effect two years after this act shall have become a law.

S3842: Provides for review by the department of health of policies and practices regarding HIV, AIDS and HCV at correctional facilities