Bill Text: NY A03633 | 2021-2022 | General Assembly | Amended
Bill Title: Directs the commissioner to promulgate regulations for the release of certain patient records by the office of mental health.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2022-01-05 - referred to codes [A03633 Detail]
Download: New_York-2021-A03633-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 3633--A 2021-2022 Regular Sessions IN ASSEMBLY January 28, 2021 ___________ Introduced by M. of A. GUNTHER, O'DONNELL, SANTABARBARA -- read once and referred to the Committee on Mental Health -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the mental hygiene law, in relation to authorizing the release of certain records of deceased residents of mental health facilities to family members upon written request The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 7.09 of the mental hygiene law is amended by adding 2 a new subdivision (m) to read as follows: 3 (m) Notwithstanding the provisions of sections 33.13 and 33.16 of this 4 chapter, the commissioner shall make regulations in accordance with the 5 federal health insurance portability and accountability act of 1996, as 6 amended, and any regulations promulgated thereunder, on the disclosure 7 of patient information pertaining to deceased individuals who were resi- 8 dents of facilities operated or certified by the office. Such patient 9 information may be provided to family members, personal representatives 10 of the decedent, or other persons who were involved in the decedent's 11 care or payment for care prior to the decedent's death upon written 12 request. No provider shall disclose patient information if doing so is 13 inconsistent with any known prior expressed preference of the decedent. 14 § 2. Subdivision (c) of section 33.13 of the mental hygiene law is 15 amended by adding a new paragraph 19 to read as follows: 16 19. upon written request by the health care provider of a family 17 member of the patient, when the information requested is for the treat- 18 ment of the family member. The commissioner shall make regulations to 19 define family member for purposes of this section. 20 § 3. This act shall take effect immediately; provided that section one 21 of this act shall take effect on the one hundred eightieth day after it 22 shall have become a law. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD02511-02-1
