A 4479: Relates to health facilities and services in correctional facilities.

  
  STATE OF NEW YORK ________________________________________________________________________ 4479 2025-2026 Regular Sessions  IN ASSEMBLY February 4, 2025 ___________ 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: 1 Section 1. Subdivision 1 of section 2801 of the public health law, as 2 amended by section 2 of part E of chapter 57 of the laws of 2023, is 3 amended to read as follows: 4 1. "Hospital" means a facility or institution engaged principally in 5 providing services by or under the supervision of a physician or, in the 6 case of a dental clinic or dental dispensary, of a dentist, or, in the 7 case of a midwifery birth center, of a midwife, for the prevention, 8 diagnosis or treatment of human disease, pain, injury, deformity or 9 physical condition, including, but not limited to, a general hospital, 10 public health center, diagnostic center, treatment center, a rural emer- 11 gency hospital under 42 USC 1395x(kkk), or successor provisions, dental 12 clinic, dental dispensary, rehabilitation center other than a facility 13 used solely for vocational rehabilitation, nursing home, tuberculosis 14 hospital, chronic disease hospital, maternity hospital, midwifery birth 15 center, lying-in-asylum, out-patient department, out-patient lodge, 16 dispensary, correctional health care facility and a laboratory or 17 central service facility serving one or more such institutions, but the 18 term hospital shall not include an institution, sanitarium or other 19 facility engaged principally in providing services for the prevention, 20 diagnosis or treatment of mental disability and which is subject to the 21 powers of visitation, examination, inspection and investigation of the 22 department of mental hygiene except for those distinct parts of such a 23 facility which provide hospital service. The provisions of this article 24 shall not apply to a facility or institution engaged principally in 25 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. LBD06493-01-5 
 A. 4479 2 1 and adherents of a recognized religious organization whose teachings 2 include reliance on spiritual means through prayer alone for healing in 3 the practice of the religion of such organization and where services are 4 provided in accordance with those teachings. No provision of this arti- 5 cle or any other provision of law shall be construed to: (a) limit the 6 volume of mental health, substance use disorder services or develop- 7 mental disability services that can be provided by a provider of primary 8 care services licensed under this article and authorized to provide 9 integrated services in accordance with regulations issued by the commis- 10 sioner in consultation with the commissioner of the office of mental 11 health, the commissioner of the office of [alcoholism and substance 12 abuse] addiction services and supports and the commissioner of the 13 office for people with developmental disabilities, including regulations 14 issued pursuant to subdivision seven of section three hundred sixty- 15 five-l of the social services law or part L of chapter fifty-six of the 16 laws of two thousand twelve; (b) require a provider licensed pursuant to 17 article thirty-one of the mental hygiene law or certified pursuant to 18 article sixteen or article thirty-two of the mental hygiene law to 19 obtain an operating certificate from the department if such provider has 20 been authorized to provide integrated services in accordance with regu- 21 lations issued by the commissioner in consultation with the commissioner 22 of the office of mental health, the commissioner of the office of [alco- 23 holism and substance abuse] addiction services and supports and the 24 commissioner of the office for people with developmental disabilities, 25 including regulations issued pursuant to subdivision seven of section 26 three hundred sixty-five-l of the social services law or part L of chap- 27 ter fifty-six of the laws of two thousand twelve. 28 § 2. Section 2801 of the public health law is amended by adding a new 29 subdivision 15 to read as follows: 30 15. "Correctional health care facility" means a facility or part of a 31 facility providing health care services to persons confined in a correc- 32 tional facility or local correctional facility, that is operated by, 33 operated under contract with or supervised by the department of 34 corrections and community supervision, by a county or the city of New 35 York or by a correctional facility or local correctional facility. As 36 used in this subdivision, "correctional facility" and "local correction- 37 al facility" shall have the same meaning as in section two of the 38 correction law, except that the exclusion of certain facilities under 39 paragraph (b) of subdivision four of that section shall not apply. 40 § 3. Section 2803 of the public health law is amended by adding a new 41 subdivision 15 to read as follows: 42 15. (a) The commissioner, in consultation with the commissioner of 43 corrections and community supervision, representatives of local correc- 44 tional facilities, the commissioner of mental health and the commission- 45 er of addiction services and supports, shall make regulations relating 46 to correctional health care facilities, including, but not limited to, 47 their establishment, construction, and operation, considering the stand- 48 ards of state and national organizations knowledgeable in correctional 49 health care services. 50 (b) A correctional health care facility in operation on the effective 51 date of this subdivision may continue to operate for two years after 52 such date regardless of whether it has been established under this 53 section. 54 § 4. Subdivision 26 of section 206 of the public health law, as sepa- 55 rately amended by chapters 45 and 322 of the laws of 2021, is amended to 56 read as follows: 
 A. 4479 3 1 26. The commissioner is hereby authorized and directed to review any 2 policy or practice instituted in facilities operated by the department 3 of corrections and community supervision, and in all local correctional 4 facilities, as defined in subdivision sixteen of section two of the 5 correction law, regarding [human immunodeficiency virus (HIV), acquired 6 immunodeficiency syndrome (AIDS), hepatitis C (HCV), and COVID-19] 7 health care services provided to persons confined in the facility, 8 including the prevention of [the transmission of and the treatment of 9 such infections and diseases among incarcerated individuals] infection 10 or disease. Such review shall be performed at least annually, and shall 11 focus on whether such policy or practice is consistent with current, 12 generally accepted medical standards and procedures used [to prevent the 13 transmission of and to treat those infections and diseases among] in 14 relation to the general public. In performing such reviews, in order to 15 determine the quality and adequacy of care and treatment provided, 16 department personnel are authorized to enter correctional facilities and 17 inspect policy and procedure manuals and medical protocols, interview 18 health services providers and incarcerated individual-patients, review 19 medical grievances, and inspect a representative sample of medical 20 records of incarcerated individuals [known to be infected with any such 21 infections or diseases]. Prior to initiating a review of a correctional 22 system, the commissioner shall inform the public, including patients, 23 their families and patient advocates, of the scheduled review and invite 24 them to provide the commissioner with relevant information. Upon the 25 completion of such review, the department shall, in writing, approve 26 such policy or practice as instituted in facilities operated by the 27 department of corrections and community supervision, and in any local 28 correctional facility, or, based on specific, written recommendations, 29 direct the department of corrections and community supervision, or the 30 authority responsible for the provision of medical care to incarcerated 31 individuals in local correctional facilities to prepare and implement a 32 corrective plan to address deficiencies in areas where such policy or 33 practice fails to conform to current, generally accepted medical stand- 34 ards and procedures. The commissioner shall monitor the implementation 35 of such corrective plans and shall conduct such further reviews as the 36 commissioner deems necessary to ensure that identified deficiencies in 37 those policies and practices are corrected. All written reports pertain- 38 ing to reviews provided for in this subdivision shall be maintained, 39 under such conditions as the commissioner shall prescribe, as public 40 information [available for public inspection] and shall be posted on the 41 department's website in searchable and downloadable form; provided that 42 patient individual identifying information shall be kept confidential by 43 the commissioner. This subdivision shall not diminish any other authori- 44 ty or jurisdiction of the commissioner. 45 § 5. This act shall take effect one year after it shall have become a 46 law. Effective immediately, the commissioners of health, corrections and 47 community supervision, mental health, and addiction services and 48 supports shall promulgate rules and regulations and take other actions 49 reasonably necessary prior to such effective date to implement the 50 provisions of this act.