BILL NUMBER: S360
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 OF BILL:
To expand the Department of Health's (DOH) review and oversight of
health policies and practices in the Department of Corrections and
Community Supervision (DOCCS) and local correctional facilities.
 
SUMMARY OF PROVISIONS:
Section one amends subdivision 26 of section 206 of Public Health Law
(PHL) by adding additional categories of health services such as emerg-
ing 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.
It also creates a new subdivision 26-a in section 206 of PHL to require
a biennial study of healthcare staffing adequacy in DOCCS and local
jails and requires the first study be completed and submitted to both
the Governor and the Legislature within one year of the bill's enact-
ment.
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 section 206 of PHL, 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 in any
other state. Then, in 2021, the 2009 law was expanded to add COVID-19 to
DOH's authority.
In 2022, the report on the "Administrative Data Findings From New York
State's Incarcerated Grievance Program" showed that 16.2% of grievances
submitted by the incarcerated population were related to health
services, making it one of the main areas of reported complaints. This
highlights the urgency of addressing this serious issue as a priority.
This bill builds on the successes of 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 healthcare
services for several categories of incarcerated individuals and condi-
tions. It is a particular challenge to ensure appropriate discharge and
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 the availability of services.
 
LEGISLATIVE HISTORY:
2020: S7522 / A9044 Gottfried
2021-22: S4964-A / No same as
2023-24: S505 / No same as
 
FISCAL IMPLICATIONS:
To be determined.
 
EFFECTIVE DATE:
Immediately.

Statutes affected:
S360: 206 public health law, 206(26) public health law