Relates to health care services of county jail inmates

Summary of Provisions:

Section 1 of the proposal amends section 501 of the Correction Law to allow a county Board of Supervisors to procure the services of a profes- sional partnership, a professional service corporation, a professional service limited liability company or a registered limited liability company, duly authorized to practice medicine in the state, for the purpose of providing health services to the inmates of the county jail, subject to the approval of the Attorney General

Section 2 makes the proposal effective immediately.

Existing Law: Correction Law § 501 requires a county Board of Supervi- sors to appoint a reputable physician, duly authorized to practice medi- cine, as the physician to the county jail.

Prior Legislative History: This is a new proposal.

Statement in Support: Correction Law § 501, enacted in 1929 and unchanged since, provides that each county "must appoint some reputable physician, duly authorized to practice medicine, as the physician to the jail of the county. If there is more than one jail they must appoint a physician to each. The physician to a jail holds his office at the plea- sure of the board which appointed him, except in the county of Kings " Besides the plain language of the statute which purports to require the appointment of a single physician, it has been held that "a duly appointed jail physician is a county officer as well as employee." Douglas v. County of Oswego, 151 Misc.2d 239, 241 (Oswego Co Sup. Ct 1991); Op. State Compt 80-688 This being the case, the appointed jail physician must take the constitutional oath and file it in the clerk's office of the county pursuant to section 62 (formerly section 30) of the Civil Service Law. Jacobs v Board of Supervisors of Rensselaer County, 236 A.D. 193 (3d Dept. 1932) Additionally, as an appointed county offi- cer, a jail physician may not be engaged as an independent contractor, but rather is entitled to all the benefits of being such an officer, including legal representation and indemnification as provided in County Law §§ 409 and 501 Op. State Compt. 80-688.

County legislatures, particularly upstate, have found it increasingly difficult to identify and recruit a single physician to serve as the physician to a jail, resulting in the need to contract with medical care providers. New York law prohibits the corporate practice of medicine in the State. Individuals licensed by the New York State Education Depart-

ment to practice medicine may, however, practice as a professional part- nership, a professional service corporation, a professional service limited liability company or registered limited liability company. Despite these prohibitions, the Commission of Correction's Medical Review Board has identified an increased involvement in general business corporations providing unlawful medical, dental and mental health services to inmates in local correctional facilities, often leading to unacceptable consequences. Following the Medical Review Board's refer- ral of identified corporate medical practice to the Education Department and the New York State Attorney General, and the subsequent investi- gations by those entities, multiple providers have voluntarily restruc- tured their organizations and contractual agreements to comply with state law.

Recognizing that systems for health care delivery, particularly in the public sector, have evolved and expanded since the statute's enactment in 1929, it would seem that this law is ripe for legislative amendment to allow for comprehensive managed care jail health services. The goal of this proposal is to both allow for such comprehensive services and to ensure that contracted providers are lawfully authorized to practice in New York

Budget Implications: None

Local Impact: As proposed, the bill would allow for the provision of inmate health care services in county jails via contract with medical professional corporations.

Effective Date: Immediately