BILL NUMBER: S1746
SPONSOR: RIVERA
 
TITLE OF BILL:
An act to amend the public health law, in relation to review of poli-
cies and practices relating to infectious disease outbreaks in correc-
tional facilities
 
PURPOSE:
Provides for the review of policies and practices pertaining to emerging
infectious disease outbreaks in correctional facilities
 
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 amends subdivision 26 of section 206 of the Public Health Law
(PHL), as it relates to infectious disease outbreaks in correctional
facilities, to authorize the Commissioner of Health to review any poli-
cies or practices correctional facilities use to handle any infectious
disease outbreaks including human immunodeficiency virus (HIV), acquired
immunodeficiency syndrome (AIDS), hepatitis C (HCV), COVID-19, and other
emerging infectious diseases. In this section emerging infectious
disease is defined as an infection that has increased recently or is
threatening to increase in the near future.
Section 2 establishes the effective date.
 
JUSTIFICATION:
New York has over 33,970 inmates housed within the Department of Commu-
nity and Correctional Services (DOCCS), who rely on correctional health
care providers for their medical care. Many inmates are at high risk for
illnesses related to poverty, addiction, or mental illness. In the event
of an emerging infectious disease, the inability to maintain personal
distance and lack of access to sanitary supplies increases the risk even
further.
Subdivision 26 of PHL 206, enacted in 2009, authorized the Department of
Health (DOH) to review policies and practices in DOCCS and local facili-
ties relating to HIV/AIDS and Hepatitis C. Implementation includes
review 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. Advocates have urged
the expansion of this successful law. In 2019, the Governor vetoed a
bill that would've expanded it to additional inmate categories and
conditions despite calling it "laudable" in his veto message. In 2020,
during the COVID-19 pandemic, the Governor signed a bill that would've
added "emerging infectious diseases" to the HIV/AIDS and hepatitis C
oversight but required a chapter amendment narrowing it explicitly to
just COVID-19. That chapter amendment was signed in early 2021. Rather
than having to name individual diseases every time there is an outbreak,
this bill would enact the "emerging infectious diseases" language
intended in 2020 before the chapter amendment.
 
LEGISLATIVE HISTORY:
2019-2020: S1072/A1127 Gottfried
2021-2022: S4538/A6394 Gottfried
2023-2024: S5468/ANo same-as
 
FISCAL IMPLICATIONS:
To be determined.
 
EFFECTIVE DATE:
This act shall take effect immediately

Statutes affected:
S1746: 206 public health law, 206(26) public health law