S 5803 NY

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Bill No.: Summary Actions Committee&nbspVotes Floor&nbspVotes Memo Text LFIN Chamber&nbspVideo/Transcript S05803 Summary: BILL NO S05803 &nbsp SAME AS SAME AS A00187

&nbsp SPONSOR SEPULVEDA &nbsp COSPNSR JACKSON &nbsp MLTSPNSR &nbsp Add §9-168, NYC Ad Cd &nbsp Requires the New York city department of corrections and the New York city health and hospitals corporation to adopt safety policies to protect health care workers who treat incarcerated individuals.

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STATE OF NEW YORK ________________________________________________________________________

5803

2025-2026 Regular Sessions

IN SENATE

March 3, 2025 ___________

Introduced by Sens. SEPULVEDA, JACKSON -- read twice and ordered print- ed, and when printed to be committed to the Committee on Cities 1

AN ACT to amend the administrative code of the city of New York, in relation to requiring the New York city department of corrections and the New York city health and hospitals corporation to adopt safety policies and training to protect health care workers

The People of the State of New York, represented in Senate and Assem- bly, do enact as follows:

1 Section 1. The administrative code of the city of New York is amended 2 by adding a new section 9-168 to read as follows: 3 § 9-168 Health care worker safety policy; reports. a. Definitions. As 4 used in this section, the following terms shall have the following mean- 5 ings: 6 1. "Correctional health services" means the division of the New York 7 city health and hospitals corporation responsible for the delivery of 8 health and mental health services to incarcerated individuals in the 9 custody of the department, and any other health care entity designated 10 by the city of New York as the agency or agencies responsible for health 11 services for incarcerated individuals in the care and custody of the 12 department, including an outside provider sharing such responsibilities. 13 2. "Health care worker" means a health care professional employed by 14 correctional health services or another entity described in paragraph 15 one of this subdivision who regularly provides health and mental health 16 services to incarcerated individuals in the custody of the department. 17 Such term shall include dentists, physical therapists and subcontractors 18 of any health care entity designated by the city of New York as the 19 agency or agencies responsible for health services for incarcerated 20 individuals in the care and custody of the department, including an 21 outside provider. 22 3. "Hospitals corporation" or "corporation" means the New York city 23 health and hospitals corporation. 24 4. "Special officer" means a peace officer appointed pursuant to 25 subdivision forty of section 2.10 of the criminal procedure law and 26 employed by the city of New York or the New York city health and hospi-

EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01236-01-5

S. 5803 2

1 tals corporation to perform the patrol, investigation, and maintenance 2 of the peace duties of special officer, senior special officer and 3 hospital security officer. 4 b. Health care worker safety policy. 1. The department, in collab- 5 oration with correctional health services shall develop and implement a 6 joint health care worker safety policy to protect health care workers 7 from assault and other violent incidents during the provision of 8 services to incarcerated individuals. Such policy shall establish a 9 minimum standard of care for health care worker safety which shall, at 10 minimum: 11 2. Require yearly training for all uniformed staff of the department 12 and all special officers as defined in paragraph four of subdivision a 13 of this section regarding minimum standards necessary to secure an 14 incarcerated individual in the presence of a health care worker. 15 3. Establish protocols in consultation with stakeholders such as 16 health care employee unions, advocacy and community groups, for requir- 17 ing uniformed staff of the department and all special officers to inform 18 all health care workers who will or are likely to come into contact with 19 an incarcerated individual with a history of violent or aggressive 20 behavior whenever such individual is admitted to a hospital or other 21 medical facility. Such protocols shall be reviewed, and modified if 22 deemed necessary, by the department and health care providers on an 23 annual basis to ensure such protocols are adequate to protect health 24 care workers. 25 c. Reporting. 1. No later than ninety days after the effective date of 26 this section, and every six months thereafter, the department and 27 correctional health services shall publish a joint report on the health 28 care worker safety policy, which shall include but not be limited to a 29 review of any new rules and regulations promulgated or amended pursuant 30 thereto, and an evaluation of compliance with the policy at each correc- 31 tional facility and any medical facility subject to the provisions of 32 this chapter. 33 2. No later than nine months after the effective date of this section 34 and annually, the department and correctional health services shall 35 prepare and submit a report to the legislature. Such report shall 36 include a copy of every joint report published pursuant to paragraph two 37 of this subdivision during the twelve months preceding the date on which 38 the report required pursuant to this paragraph is due and any related 39 materials, together with any recommendations or proposals relating to 40 health care worker safety. Such report shall include an analysis of 41 whether certain punitive measures, including but not limited to the 42 imposition of a higher maximum sentence of imprisonment for assault on a 43 health care worker by an incarcerated individual, and/or provisions for 44 the extension of such an individual's current sentence should be consid- 45 ered by the legislature as a deterrent to such assaults. 46 d. Private right of action. 1. The department, the corporation, or 47 both such department and corporation shall be liable for damages to any 48 health care worker who suffers injuries as a result of any failure to 49 enforce or comply with minimum standards of care established pursuant to 50 subdivision b of this section. 51 2. A health care worker aggrieved by a violation of paragraph one of 52 this subdivision and subdivision b of this section shall have a cause of 53 action in any court of competent jurisdiction against the department, 54 the corporation or both such department and corporation. 55 § 2. This act shall take effect immediately.

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