For the purposes of this chapter, the following terms shall have the following meanings:
Arrestee. The term "arrestee" has the same meaning as set forth in subdivision a of section 14-163.
Correctional health services. The term "correctional health services" means any health care entity designated by the city of New York as the agency or agencies responsible for health services for incarcerated individuals in the care and custody of the New York city department of correction. When the responsibility is contractually shared with an outside provider, this term shall also apply.
Health care provider. The term "health care provider" means any person licensed or certified under federal or New York state law to provide medical services, including but not limited to doctors, nurses and emergency personnel.
Health evaluation. The term "health evaluation" means any evaluation of an incarcerated individual's health and mental health upon their admission to the custody of the department of correction pursuant to minimum standards of incarcerated individual care established by the board of correction.
Incarcerated Individual. The term "Incarcerated Individual" means any person in the custody of the New York city department of correction.
Screened. The term "screened" means evaluated by a health care provider.
(L.L. 2016/124, 10/18/2016, eff. 4/18/2017; Am. L.L. 2019/190, 11/17/2019, eff. 3/16/2020; Am. 2021 N.Y. Laws Ch. 322, 8/2/2021, eff. 8/2/2021)
Every arrestee held at the central booking area of a local criminal court prior to their arraignment at such court shall be screened for medical or mental health conditions that may require immediate attention. The department or its designee shall oversee such screening.
(L.L. 2016/124, 10/18/2016, eff. 4/18/2017)
The department or its designee shall establish procedures to make available reports received from the New York city police department pursuant to section 14-163 to any health care provider in a department of correction facility conducting a health evaluation, at such time as a health evaluation is conducted.
(L.L. 2016/124, 10/18/2016, eff. 4/18/2017; Am. L.L. 2019/190, 11/17/2019, eff. 3/16/2020)
The department or its designee shall establish procedures to obtain the pre-arraignment screening record created pursuant to section 17-1802 and any medical records created and maintained by any hospital in connection with treatment provided to an arrestee who subsequently enters the custody of the department of correction, at the request of any health care provider conducting a health evaluation of such incarcerated individual.
(L.L. 2016/124, 10/18/2016, eff. 4/18/2017; Am. L.L. 2019/190, 11/17/2019, eff. 3/16/2020; Am. 2021 N.Y. Laws Ch. 322, 8/2/2021, eff. 8/2/2021)
a. Short title. This section shall be known as and may be cited as "The Get Well and Get Out Act".
b. Information sharing with attorneys of individuals diagnosed with serious mental illness in the custody of the department of correction. For each incarcerated individual who is not sentenced and who is diagnosed with a serious mental illness, correctional health services shall seek voluntary consent from such individual to share medical information with the attorney of record of such individual within 48 hours of their diagnosis, and provide such information created or obtained pursuant to sections 17-1802 and 17-1804 to the attorney of record for any such individual within five calendar days of obtaining consent from the individual. Correctional health services shall make a good faith effort to ascertain such individual's attorney of record, including but not limited to consulting the website maintained by the New York state unified court system, speaking with the individual, contacting the clerk of the court, or any other reasonable means necessary to identify such individual's attorney.
c. Confidential medical condition letter. Within five business days prior to any court date indicated by the New York city department of correction's inmate information system, correctional health services shall provide a confidential medical condition letter to the attorney of record for any incarcerated individual to whom subdivision a of this section applies, as permitted by law. Such letter shall include the following information for each such individual:
1. The psychiatric diagnosis.
2. The type of mental health treatment available in the housing area in which the individual is being housed, including the level of additional support offered in the housing area that facilitates the treatment of the individual's psychiatric condition.
3. The prescribed psychiatric medication regimen.
4. Their record of adherence to such medication regimen, including any factors that may have contributed to their record of adherence.
5. A detailed description of their current condition, including but not limited to any reduction in symptoms and any indication that the individual's condition has improved or diagnosis changed.
6. Any relevant documentation related to referrals made by correctional health services for the purpose of discharge planning, if available.
d. Notwithstanding the requirements of subdivision c, correctional health services shall not be required to issue a new confidential medical condition letter for a scheduled court appearance within one week of a prior scheduled court appearance.
(L.L. 2019/190, 11/17/2019, eff. 3/16/2020)