Includes health care facilities operated or supervised by the department of correctional services or local correctional facilities within the definition of hospital

1 Co-sponsor

• Ruth Hassell-Thompson

Title of bill

An act to amend the public health law, in relation to including health care facilities or part of a facility operated or supervised by the department of correctional services or by local correctional facilities within the definition of hospital

PURPOSE :; To insure that Department of correctional Services 1 (DOCS) medical facilities are included in the definition of "hospital" under Article 28 of the Public Health Law. Such inclusion would allow these facilities to be overseen by the New York State Department of Health.

Summary of provisions

Section One of the bill amends subdivision 1 of section 2801 of the public health law by including in its definition of "hospital" "all medical facilities operated or supervised by the department of correctional services".

Existing law

There is confusion as to whether DOCS medical facilities are included in Article 28 of the Public Health Law. While the current definition of "hospital" would seem to include DOCS medical facilities, both the Department of Health and DOCS have publicly stated the DOCS' facilities are not included under Article 28.

Justification

New York State has recognized that hospital and related services should be of the highest quality and are of vital concern to the public health. In order to provide for the protection and promotion of the health of New York citizens, Article 28 of the Public Health Law was enacted to give the Department of Health the central, comprehensive responsibility for the development and administration of the State's policy with respect to hospital and related services. This includes all public (state, county or municipal) and private institutions which serve principally as facilities for the prevention, diagnosis or treatment of human disease, pain, injury, deformity or physical condition or for the rendering of health related services. (See Public Health Law § 2800)

Granting Department of Health oversight for these facilities provides for a uniform standard of quality care across the State. The definition of "hospital" in Article 28 would seem to include medical facilities operated or supervised by DOCS. Yet both DOCS and the Department of Health maintain that DOCS facilities are not included in the provision. New York has over 70,000 inmates in DOCS custody in 70 facilities across the State. These inmates are dependent on DOCS for their medical care. Inmates, like the rest of New York's citizens, face a variety of medical needs including, but not limited to, emergency care, treatment for chronic diseases, physical therapy and hospice care.

In recent years DOCS has instituted Regional Medical Units (RMUs) across the State to care for inmates who require long-term or specialized care. Further, New York has the highest rate of inmates known with HIV infection in the country. These inmates require strict treatment regimens to maintain health. Yet, while DOCS is actively involved in medical treatment and care they are independent of Department of Health oversight and need not comply with Department of Health standards. This legislation would make clear that DOCS facilities are included in the Article 28 provisions and insure that inmates receive the uniform standard of care required by the Department of Health. Such legislation would also be beneficial to

DOCS by relieving some of the administrative burdens associated with maintaining these facilities.

Legislative history

2001-2002: Similar bill, 3.6033 died in Crimes Victims, Crime and Corrections 2003-2004: S.3988 died in Senate Health Committee 2005-2006: S.2819 died in Senate Health Committee

Fiscal implications

Minimal.

Local fiscal implications

None.

Effective date

This act shall take effect one year after it shall have become a law.