STATE OF NEW YORK ________________________________________________________________________ 7576 2025-2026 Regular Sessions IN ASSEMBLY April 1, 2025 ___________ Introduced by M. of A. ALVAREZ -- read once and referred to the Commit- tee on Correction AN ACT to amend the correction law, in relation to enacting the "McDow Watson medical transparency in correctional facilities act" The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Legislative findings and intent. The legislature finds 2 that: 3 Timely and appropriate medical care is a fundamental right of all 4 individuals, including those incarcerated in correctional facilities 5 within the state of New York, as guaranteed by the Eighth Amendment of 6 the United States Constitution and Section 5 of Article I, of the New 7 York State Constitution, which prohibit cruel and unusual punishment. 8 There have been documented instances of delays in treatment, denial of 9 necessary medication, inadequate responses to medical emergencies, and 10 insufficient communication with emergency contacts of incarcerated indi- 11 viduals, resulting in unnecessary suffering, permanent disability, and 12 even death. These instances include, but are not limited to, the follow- 13 ing: 14 1. Layleen Polanco (2019), Rikers Island: Ms. Polanco died in solitary 15 confinement, and her family reportedly learned of her death from another 16 incarcerated person, not from official channels. 17 2. Dante Taylor (2017), Mid-State Correctional Facility: Mr. Taylor 18 died after reportedly complaining of chest pain and not receiving 19 adequate medical attention. His family was reportedly not notified of 20 his death for over 24 hours. 21 3. Estate of Kyam Livingston v. City of New York (2013), Central 22 Brooklyn Holding: Ms. Livingston died in a jail cell after reportedly 23 requesting medical assistance for hours. Her family was not promptly 24 informed of her death. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11320-01-5
A. 7576 2 1 4. John MacKenzie (2017) at Attica Correctional Facility: Mr. MacKen- 2 zie was taken from the prison to the hospital, unconscious. The depart- 3 ment of corrections and community supervision (DOCCS) took four days to 4 notify Mr. MacKenzie's wife. 5 5. Bradley D (Confidential) Report by the Correctional Association: 6 Mr. D's colostomy bag ruptured, and he subsequently developed life- 7 threatening complications. His partner called DOCCS for days without 8 answers, and only found out he was in the hospital when staff at the 9 hospital found him in the directory. 10 6. Numerous documented cases by The Correctional Association of New 11 York: This illustrates failures in DOCCS processes and policies. 12 These, and many other similar cases, illustrate a pattern of inade- 13 quate medical care and deficient communication practices within New York 14 State correctional facilities, highlighting the urgent need for systemic 15 reform. 16 It is the intent of the legislature to establish clear and enforceable 17 procedures for emergency contact notification, access to medical 18 records, and independent oversight of medical care in correctional 19 facilities, thereby protecting the constitutional rights of incarcerated 20 individuals, promoting transparency and accountability, and ensuring the 21 provision of adequate medical care. 22 § 2. Short title. This act shall be known and may be cited as the 23 "McDow Watson medical transparency in correctional facilities act". 24 § 3. Section 17 of the correction law, as added by chapter 490 of the 25 laws of 2024, is amended to read as follows: 26 § 17. Notice to emergency contacts. 1. For the purposes of this 27 section, the following terms shall have the following meanings: 28 (a) "Emergency contact" means: 29 (i) an individual designated by an incarcerated individual to receive 30 notifications regarding serious medical events; or 31 (ii) if no individual is designated, or the designated individual 32 cannot be reached after reasonable attempts, one of the following indi- 33 viduals, in order of priority: 34 (1) the incarcerated individual's spouse or domestic partner; 35 (2) an adult child of the incarcerated individual; 36 (3) a parent of the incarcerated individual; 37 (4) an adult sibling of the incarcerated individual; or 38 (5) the incarcerated individual's legal guardian or legal represen- 39 tative. 40 (b) "Serious medical event" means any of the following: 41 (i) inpatient hospitalization; 42 (ii) any surgery requiring general anesthesia; 43 (iii) a life-threatening illness or injury; 44 (iv) any condition that renders the incarcerated individual unable to 45 communicate; 46 (v) significant, permanent impairment or disfigurement; 47 (vi) diagnosis of a terminal illness with a prognosis of six months or 48 less to live; 49 (vii) transfer to a medical intensive care unit (ICU); 50 (viii) an attempted suicide; and 51 (ix) any other medical condition that, if left untreated, could 52 reasonably be expected to result in significant pain, disability, or 53 death. 54 (c) "Medical record" means any record, in any form, electronic or 55 paper, relating to the past, present, or future physical or mental 56 health or condition of an incarcerated individual, including, but not
A. 7576 3 1 limited to, admission and discharge summaries, progress notes, physician 2 orders, nursing notes, laboratory results, radiology reports, medication 3 administration records, consultation reports, and any other documenta- 4 tion related to the individual's medical care and treatment. 5 2. Each correctional facility shall maintain a procedure for incarcer- 6 ated individuals to designate and regularly update emergency contact 7 information, including telephone, text, and secure digital messaging 8 options. Such emergency contact information shall be readily accessible 9 to authorized personnel. 10 3. Within [twenty-four] twelve hours of [the attempted suicide or 11 hospitalization] a serious medical event of an incarcerated individual 12 or any other individual occurring in the custody of the department, or 13 as soon as reasonably practicable thereafter, but in no event later than 14 twenty-four hours after such serious medical event, the department shall 15 notify the emergency contacts of such incarcerated individual or other 16 such individual. 17 4. Such notification shall be made by telephone, and followed up with 18 written confirmation sent by mail, text or short message service (SMS) 19 messaging or email, if an email address is available. 20 5. Such notification shall include: 21 (a) a description of the serious medical event; 22 (b) the location of the incarcerated individual, such as a hospital or 23 correctional facility infirmary; and 24 (c) contact information for the correctional facility's medical admin- 25 istration or designated medical liaison. 26 6. Such notification may be delayed only if there is a documented and 27 specific threat to the safety and security of the correctional facility, 28 staff, other incarcerated individuals or the emergency contact, and such 29 delay is approved in writing by the warden or a designee at the level of 30 deputy warden or higher. The reason for such delay and the approval 31 shall be documented in the incarcerated individual's medical record. 32 Notification shall occur as soon as such security risk is no longer 33 present. 34 7. If the incarcerated individual is demonstrably competent to make 35 medical decisions and explicitly objects to such notification required 36 pursuant to this section in writing, and the situation is not immediate- 37 ly life-threatening, such notification may be withheld. However, if the 38 situation becomes life-threatening, such notification shall occur. The 39 provisions of this subdivision shall not apply if the serious medical 40 event renders the incarcerated individual unable to communicate. 41 8. The department shall maintain a record of all notification 42 attempts, including the date and time of the serious medical event, the 43 date and time of each notification attempt, the name or names of the 44 emergency contact or contacts notified or attempted to be notified, the 45 method of notification, the name and title of the department staff 46 member responsible for notification, and the reasons for any delay or 47 failure to notify, including any delay or failure to notify pursuant to 48 the provisions of subdivision six or seven of this section. 49 § 4. The correction law is amended by adding a new section 17-a to 50 read as follows: 51 § 17-a. Medical record access. 1. For the purposes of this section, 52 "medical record" shall have the same meaning as defined in section 53 seventeen of this article. 54 2. Incarcerated individuals and their designated representatives, 55 including attorneys and individuals with a valid power of attorney or
A. 7576 4 1 other legal authorization, shall have the right to access such incarcer- 2 ated individual's medical records. 3 3. Correctional facilities shall establish a clear and written proce- 4 dure for requesting and obtaining medical records. Such procedure shall 5 be made readily available to incarcerated individuals and their repre- 6 sentatives. 7 4. Medical records shall be provided within fifteen business days of a 8 written request. In cases of urgent medical need, as determined by a 9 licensed medical professional, the correctional facility shall make 10 every reasonable effort to provide such records within twenty-four 11 hours. 12 5. Access to medical records pursuant to the provisions of this 13 section shall be in compliance with the Health Insurance Portability and 14 Accountability Act of 1996 and other applicable state and federal laws. 15 § 5. The correction law is amended by adding a new section 17-b to 16 read as follows: 17 § 17-b. Independent medical oversight. 1. For the purposes of this 18 section, "medical record" shall have the same meaning as defined in 19 section seventeen of this article. 20 2. There is hereby established an independent medical oversight body, 21 hereinafter referred to as the "oversight body", to monitor and evaluate 22 the quality of medical care provided to incarcerated individuals within 23 correctional facilities and to ensure compliance with constitutional and 24 statutory requirements for adequate medical care. 25 3. The oversight body shall be comprised of nine members as follows: 26 (a) three members who shall be licensed medical professionals with 27 expertise in internal medicine, emergency medicine or mental health, 28 selected by a consortium of independent medical organizations; 29 (b) one member who shall be a licensed medical professional with 30 expertise in correctional healthcare, selected by a consortium of inde- 31 pendent medical organizations; and 32 (c) five members who shall be patient advocates or representatives of 33 organizations with demonstrated experience in advocating for the rights 34 of incarcerated individuals or other vulnerable populations, selected by 35 a coalition of civil rights organizations. 36 4. No member of the oversight body shall be currently employed by the 37 department, nor shall any member have been employed by the department 38 within the five years preceding their appointment. 39 5. The oversight body shall have the following powers and duties: 40 (a) To conduct regular, unannounced audits of medical care provided in 41 each correctional facility at least annually; 42 (b) To investigate complaints related to medical care, including but 43 not limited to, allegations of inadequate treatment, delayed care, 44 denial of care, and failure to comply with the provisions of sections 45 seventeen and seventeen-a of this article; 46 (c) To access medical records and other relevant information necessary 47 for the performance of its duties, consistent with the Health Insurance 48 Portability and Accountability Act of 1996 and other applicable state 49 and federal privacy laws; 50 (d) To issue public reports, at least annually, on the quality of 51 medical care in correctional facilities, including findings and recom- 52 mendations for improvement, which shall be submitted to the governor, 53 the legislature, and the commissioner; 54 (e) To make recommendations to the department and the legislature 55 regarding policies, procedures, and legislation related to medical care 56 in correctional facilities; and
A. 7576 5 1 (f) To establish and maintain a clear and accessible procedure for 2 receiving and processing complaints from incarcerated individuals and 3 their families or representatives regarding medical care. 4 6. The oversight body shall meet at least quarterly and shall maintain 5 detailed records of its meetings, investigations, and activities. 6 7. The department shall cooperate fully with the oversight body and 7 shall provide access to all facilities, personnel, and information 8 necessary for the oversight body to carry out its duties. 9 § 6. The correction law is amended by adding a new section 17-c to 10 read as follows: 11 § 17-c. Emergency contact notice and medical record access enforcement 12 and penalties. 1. The department shall be responsible for enforcing the 13 provisions of sections seventeen and seventeen-a of this article. 14 2. Failure to comply with the provisions of sections seventeen and 15 seventeen-a of this article may result in a fine of up to ten thousand 16 dollars per violation, to be imposed upon the correctional facility. The 17 commissioner or such commissioner's designee shall determine whether a 18 violation has occurred after an investigation and a finding of non-com- 19 pliance. 20 3. Repeated or egregious violations of sections seventeen and seven- 21 teen-a of this article may result in: 22 (a) mandatory independent review of the correctional facility's 23 medical procedures; and 24 (b) increased fines of up to fifty thousand dollars per subsequent 25 violation. 26 § 7. The correction law is amended by adding a new section 17-d to 27 read as follows: 28 § 17-d. Correctional facility medical data collection and reporting. 29 The department shall collect and compile data on medical incidents, 30 response times, and correctional facility compliance with sections 31 seventeen and seventeen-a of this article, and shall publish an annual 32 public report detailing such collected data. 33 § 8. Severability clause. If any clause, sentence, paragraph, subdivi- 34 sion, section or part of this act shall be adjudged by any court of 35 competent jurisdiction to be invalid, such judgment shall not affect, 36 impair, or invalidate the remainder thereof, but shall be confined in 37 its operation to the clause, sentence, paragraph, subdivision, section 38 or part thereof directly involved in the controversy in which such judg- 39 ment shall have been rendered. It is hereby declared to be the intent of 40 the legislature that this act would have been enacted even if such 41 invalid provisions had not been included herein. 42 § 9. This act shall take effect immediately.