Int. No. 173
By Council Members Leffler and Duane; also Council Members Marshall, Robinson and Quinn.
A Local Law to amend the administrative code of the city of New York, in relation to the discharge of prisoners from the custody of the New York City Department of Correction and the planning for medical care.
Be it enacted by the Council as follows:
Section 1. Chapter 1 of title 9 of the administrative code of the city of New York is hereby amended by adding a new section 9-108.1 to read as follows:
§9-108.1 Discharge planning system. a. The department of health and the department of correction shall, in cooperation with the New York city health and hospital corporation, establish a discharge planning system within the city's prison system, providing prisoners upon their release. Following seven or more consecutive days of incarceration, with written information regarding their medical conditions and referrals to the appropriate facilities. A discharge planning system, established pursuant to this section may be operated by the agencies indicated or under contract with one or more community-based organization.
b. The discharge planning system shall include, but not be limited to, the following elements:
(1) Upon release, prisoners shall be provided with referrals in writing to the appropriate New York city department of health, the New York city health and hospitals corporation, or voluntary medical facilities for treatment of any and all conditions diagnosed prior to or during their confinement which conditions require additional monitoring or treatment. Such referrals shall include the names of contact persons at the facilities to which the prisoners are referred;
(2) Upon release, where requested, prisoners shall be provided with: (i) applications for Medicaid or any other medical assistance program and assistance in completing such applications; (ii) a written summary of the prisoner's medical and psychiatric history including descriptions of any medical and psychiatric diagnoses, results of any tests, x-rays and other examinations conducted during such prisoner's confinement; compliance with medication and other treatment during confinement; (iii) prescriptions and/or an adequate supply of medication to ensure no disruption in medication until the prisoner can access medical care after being released; and (iv) any written instructions and/or recommendations for follow-up care; and
(3) The department of health shall maintain a computerized data base containing the files of all prisoners examined, tested or treated for medical or psychiatric conditions while incarcerated. This data base shall contain, but not be limited to, each prisoner's medical and psychiatric histories, descriptions of any medical and psychiatric diagnoses; results of any medical tests, x-rays and other examinations conducted during such prisoner's confinement; the prescriptions and/or medication dispensed to such prisoner upon release; facilities to which such prisoner was referred for treatment upon release and the names of contact persons at the facility where referred; and records of such prisoner's compliance with medication and other treatment during confinement.
(4) Within 120 days of the effective date of the local law that added this section, the commissioner of health shall promulgate rules concerning the maintenance of the confidentiality of, and access to, the records to be included in the data base established pursuant to this subdivision.
c. Beginning on January 1, 1998 and continuing every six months thereafter, the commissioner of health shall prepare and submit a written report to the speaker of the city council on the operations during the preceding six month period of the discharge planning system required to be created pursuant to this section. Such report shall include, but not be limited to: (1) the number of former prisoners referred for treatment compared to the total number of prisoners released in the reporting period; and (2) statistics disaggregated by medical diagnosis and prescriptions issued, treatment facilities to which prisoners are referred and prisoners' compliance with recommended treatment during confinement.
§3. This local law shall take effect one hundred twenty days after its enactment. Actions necessary to prepare for the implementation of this local law may be taken prior to its effective date.