Bill Text: NY A05220 | 2023-2024 | General Assembly | Introduced

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Bill Title: Directs the commissioner to promulgate regulations for the release of certain patient records by the office of mental health.

Spectrum: Slight Partisan Bill (Democrat 3-1)

Status: (Introduced) 2024-01-03 - referred to codes [A05220 Detail]

Download: New_York-2023-A05220-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          5220

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                      March 7, 2023
                                       ___________

        Introduced  by  M. of A. GUNTHER, SANTABARBARA -- read once and referred
          to the Committee on Mental Health

        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 (n) to read as follows:
     3    (n) 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.
                                                                   LBD07775-01-3