What's happening
This bill expands the Department of Health’s annual review of correctional health services and requires biennial studies of correctional healthcare staffing.
Why it matters
Broadens oversight to more areas of inmate health. The bill expands annual health reviews in correctional facilities to include not only HIV and hepatitis C but also women’s health, transgender health, chronic conditions (like asthma and diabetes), care for older adults, discharge planning, and substance use disorders—reflecting a more comprehensive approach to incarcerated individuals' health needs.
Emphasizes transparency and public accountability. By requiring reports to be made public and posted online (without identifying patient information), the bill increases transparency around the quality and adequacy of correctional health services, making it easier for advocates, families, and the general public to monitor conditions.
Addresses healthcare staffing as a systemic issue. The new biennial staffing studies will examine whether correctional facilities have enough healthcare workers—including specialists for vulnerable populations—and investigate challenges like salaries or location. This is significant because inadequate staffing can directly impact the quality and timeliness of care for incarcerated people.
Potential to drive targeted improvements. With formal corrective action plans and ongoing monitoring, the bill creates mechanisms for identifying and addressing deficiencies, aiming for care in correctional settings to align with generally accepted medical standards—helping to protect both public health and inmates’ rights.
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Who cares
Headline styles
Expand Prison Health Oversight
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Vetoed memo.155
- Delivered to governor
- Returned to senate
- Passed assembly
- Ordered to third reading rules cal.636
- Substituted for A1130A
- Referred to ways and means
- Delivered to assembly
- Passed senateVote 44–18
- Ordered to third reading cal.1751
- Committee discharged and committed to rules
- Print number 1073a
Show 3 earlier actions
- Amend and recommit to finance
- Reported and committed to finance
- Referred to health
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Expand Prison Health Oversight
Assembly Floor Calendar · Sponsor Richard Gottfried
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1073--A
2019-2020 Regular Sessions
IN SENATE
January 10, 2019
Introduced by Sen. RIVERA -- read twice and ordered printed, and when printed to be committed to the Committee on Health -- reported favorably from said committee and committed to the Committee on Finance -committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee
AN ACT to amend the public health law, in relation to expanding health department review of correctional health services
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 26 of section 206 of the public health law, as amended by section 127-t of subpart B of part C of chapter 62 of the laws of 2011, is amended and a new subdivision 26-a is added to read as follows:
26. (a) The commissioner [is hereby authorized and directed to], in consultation with the commissioner of alcoholism and substance abuse services in relation to subparagraph (viii) of this paragraph, shall review any policy or practice instituted in facilities operated by the department of corrections and community supervision, and in all local correctional facilities, as defined in subdivision sixteen of section two of the correction law, regarding:
(i) human immunodeficiency virus (HIV)[,] and acquired immunodeficiency syndrome (AIDS), [and] including the prevention and transmission of HIV and the treatment of AIDS;
(ii) hepatitis C (HCV) including the prevention of the transmission of [HIV and HCV and the treatment of AIDS, HIV and] HCV [among inmates];
(iii) women's health;
(iv) transgender health;
(v) chronic health conditions including but not limited to asthma, diabetes, and heart disease;
(vi) health care services for individuals fifty years of age or older;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03805-04-9
S. 1073--A 2
(vii) discharge planning of health care services including planning for discharges requiring residential placement or long-term care services; and
(viii) substance use disorders.
(b) Such [review] reviews shall be performed annually and shall focus on whether such [HIV, AIDS or HCV policy] policies or [practice is] practices are consistent with current, generally accepted medical standards and procedures [used to prevent the transmission of HIV and HCV and to treat AIDS, HIV and HCV among the general public]. In performing such reviews, in order to determine the quality and adequacy of care and treatment provided, department personnel are authorized to enter correctional facilities and inspect policy and procedure manuals and medical protocols, interview health services providers and inmate-patients, review medical grievances, and inspect a representative sample of medical records of inmates [known to be infected with HIV or HCV or have AIDS]. Prior to initiating a review of a correctional system, the commissioner shall inform the public, including patients, their families and patient advocates, of the scheduled review and invite them to provide the commissioner with relevant information.
(c) Upon the completion of such review, the department shall, in writing, approve such policy or practice as instituted in facilities operated by the department of corrections and community supervision, and in any local correctional facility, or, based on specific, written recommendations, direct the department of corrections and community supervision, or the authority responsible for the provision of medical care to inmates in local correctional facilities to prepare and implement a corrective plan to address deficiencies in areas where such policy or practice fails to conform to current, generally accepted medical standards and procedures. The commissioner shall monitor the implementation of such corrective plans and shall conduct such further reviews as the commissioner deems necessary to ensure that identified deficiencies in [HIV, AIDS and HCV] policies and practices are corrected. All written reports pertaining to reviews provided for in this subdivision shall not contain individual patient identifying information and shall be [maintained, under such conditions as the commissioner shall prescribe, as] public information [available for public inspection] and shall be posted on the department's website.
26-a. (a) The department, in consultation with the department of corrections and community supervision, shall biennially study health care staffing in facilities operated by the department of corrections and community supervision and in local correctional facilities as defined in subdivision sixteen of section two of the correction law. The study shall examine:
(i) adequacy of staffing, including in specialties such as women's, transgender, and geriatric health care;
(ii) potential challenges such as salary adequacy or geographic factors; and
(iii) impact of staffing levels on availability of services.
(b) The first such study shall be completed and submitted to the governor, the temporary president of the senate, and the speaker of the assembly no later than one year after the effective date of this subdivision.
§ 2. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the public health law, in relation to expanding health department review of correctional health services
Purpose or general idea of bill
To expand Department of Health (DoH) review of health policies and prac- tices in 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 - 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 Doll's existing power to review DOCCS and local jail HIV/AIDS and Hepatitis C 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.
Section two: effective date.
Justification
New York has over 50,000 inmates in DOCCS custody and another 25,000 in local correctional facilities. These inmates 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, and women, transgender, and aging inmates 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.
This bill builds on this success by expanding Doffs role in correctional care to additional categories of inmates, as well as oversight of discharge planning policies. Advocates have raised particular concerns about health care services for several categories of inmates and condi- tions. It is a particular challenge to ensure appropriate discharge planning for inmates 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
New Bill
Fiscal implications
Minimal.
Effective date
Immediate.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.