BILL NUMBER: S505
SPONSOR: RIVERA
 
TITLE OF BILL:
An act to amend the public health law, in relation to expanding review
of correctional health services and health care staffing at correctional
facilities
 
PURPOSE OR GENERAL IDEA OF BILL:
To expand the Department of Health's (DOH's) review and oversight of
health policies and practices in the Department of Corrections and
Community Supervision (DOCCS) and local correctional facilities.
 
SUMMARY OF SPECIFIC PROVISIONS:
Section one amends subdivision 26 of Public Health Law § 206 by adding
additional categories of health services - emerging infectious diseases,
women's health, transgender health, chronic health conditions, substance
use disorder, health care services for individuals fifty years of age or
older, and discharge planning - to DOH's existing power to review DOCCS
and local jail HIV/AIDS, Hepatitis C, and COVID-19 policies.
Section one also creates a new subdivision 26-a in § 206 to require a
biennial study of health care staffing adequacy in DOCCS and local
jails. Provides that the first study be completed and submitted to both
the Governor and the Legislature within one year of the subdivisions'
enactment.
Section two: provides for the effective date.
 
JUSTIFICATION:
New York has over 50,000 incarcerated individuals in DOCCS custody and
another 25,000 in local correctional facilities. These incarcerated
individuals rely on correctional health care providers for their medical
care. Many incarcerated individuals are at high risk for illnesses
related to poverty, addiction, or mental illness, and women, transgen-
der, and aging incarcerated individuals have special needs.
Subdivision 26 of PHL § 206, enacted in 2009, authorized DOH to review
policies and practices in DOCCS and local facilities relating to
HIV/AIDS and Hepatitis C. Implementation includes reviews of HIV and
Hepatitis C services in DOCCS facilities done by State contractor IPRO,
including on-site reviews, staff interviews, and medical record review.
The 2009 law has been successful in addressing HIV/AIDS with a viral
suppression rate consistently over 90% in DOCCS, and ten times more
individuals currently receive Hepatitis C care in DOCCS than any other
state. In 2021, the 2009 law was expanded to add COVID-19 to DOH's
authority.
This bill builds on the successes on addressing HIV/AIDS and Hepatitis C
by expanding DOH's role in correctional care to additional categories of
incarcerated individuals, as well as oversight of discharge planning
policies. Advocates have raised particular concerns about health care
services for several categories of incarcerated individuals and condi-
tions. It is a particular challenge to ensure appropriate discharge
planning for incarcerated individuals who cannot be safely released
without placement in residential facilities due to their care needs.
Additionally, the bill directs DOH to study staffing levels in correc-
tional settings. Witnesses at a 2017 hearing reported nursing vacancy
rates of 20% and 25% for physicians in DOCCS facilities. The bill
requires biennial reporting by DOH in consultation with DOCCS on staff-
ing adequacy; potential challenges to adequate staffing; and impacts of
staffing levels on availability of services.
 
PRIOR LEGISLATIVE HISTORY:
2022 - S4964A (Rivera) - Reported to Finance
2021 - S4964A (Rivera) - Referred to Health
2020 - S7522 (Rivera) - Reported to Finance
 
FISCAL IMPLICATIONS:
To be determined.
 
EFFECTIVE DATE:
Immediately.