Bill Text: NY A08471 | 2011-2012 | General Assembly | Introduced

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Bill Title: Authorizes the release of certain records pertaining to deceased residents of the office for people with developmental disabilities operated or certified facilities to family members.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-06-11 - print number 8471a [A08471 Detail]

Download: New_York-2011-A08471-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         8471
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                     June 17, 2011
                                      ___________
       Introduced  by M. of A. ORTIZ -- 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 OPWDD operated or
         certified 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. Subdivision (f) of section 13.09 of the mental hygiene law
    2  is relettered subdivision (h) and a new subdivision (f) is added to read
    3  as follows:
    4    (F) NOTWITHSTANDING THE PROVISIONS OF SECTIONS 33.13 AND 33.16 OF THIS
    5  CHAPTER, THE COMMISSIONER SHALL  PROMULGATE  REGULATIONS  TO  AUTHORIZE,
    6  UPON  WRITTEN  REQUEST  AND  AS  DETERMINED ON A CASE-BY-CASE BASIS, THE
    7  RELEASE OF CERTAIN RECORDS  PERTAINING  TO  A  DECEASED  INDIVIDUAL  WHO
    8  RESIDED  IN  A  FACILITY  OPERATED OR CERTIFIED BY THE OFFICE. THE REGU-
    9  LATIONS SHALL SPECIFY  WHICH  INFORMATION  MAY  BE  RELEASED  AND  SHALL
   10  INCLUDE  CONSIDERATION  OF  SUCH  INFORMATION  AS THE INDIVIDUAL'S NAME;
   11  DATES OF ADMISSION, DISCHARGE, BIRTH AND DEATH; CAUSE OF DEATH; A SUMMA-
   12  RY OF THE DIAGNOSIS, TREATMENT, AND SERVICES PROVIDED; EMPLOYMENT; RESI-
   13  DENTIAL AND FAMILY HISTORY; AND OTHER IDENTIFYING DATA.  THE REGULATIONS
   14  SHALL SPECIFY THE  CIRCUMSTANCES  UNDER  WHICH  SUCH  RECORDS  SHALL  BE
   15  RELEASED  AND SHALL INCLUDE CONSIDERATION OF THE NEED OF A FAMILY MEMBER
   16  OTHER THAN A QUALIFIED PERSON AS DEFINED IN PARAGRAPH SIX OF SUBDIVISION
   17  (A) OF SECTION 33.16 OF THIS CHAPTER TO ACCESS INFORMATION. IN THE EVENT
   18  THE DECEASED INDIVIDUAL, OR IN THE CASE  OF  AN  INDIVIDUAL  WHO  LACKED
   19  CAPACITY  TO  CONSENT  TO THE RELEASE OF HIS OR HER RECORDS, A QUALIFIED
   20  PERSON AS DEFINED IN PARAGRAPH SIX OF SUBDIVISION (A) OF  SECTION  33.16
   21  OF  THIS  CHAPTER,  HAD PREVIOUSLY OBJECTED TO THE RELEASE OF HIS OR HER
   22  RECORDS AND SUCH OBJECTION WAS IN WRITING OR OTHERWISE DOCUMENTED IN THE
   23  INDIVIDUAL'S SERVICES PLAN AND HAD NOT BEEN WITHDRAWN, THE  COMMISSIONER
   24  SHALL NOT AUTHORIZE THE RELEASE OF SUCH RECORDS.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08788-01-1
       A. 8471                             2
    1    S  2.  Subdivision  (c)  of section 33.13 of the mental hygiene law is
    2  amended by adding a new paragraph 15 to read as follows:
    3    15.    UPON  WRITTEN  REQUEST TO THE PHYSICIAN OF A FAMILY MEMBER OF A
    4  DECEASED INDIVIDUAL WHO HAS A DEMONSTRABLE MEDICAL NEED FOR SUCH  INFOR-
    5  MATION AS IT IS RELEVANT TO THE FAMILY MEMBER'S OWN HEALTH CARE.
    6    S 3. This act shall take effect immediately; provided that section one
    7  of  this act shall take effect on the one hundred eightieth day after it
    8  shall have become a law.