Bill Text: NY A09037 | 2011-2012 | General Assembly | Amended

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Bill Title: Relates to the release of mental hygiene records pertaining to allegations and investigations of abuse or mistreatment.

Spectrum: Slight Partisan Bill (Democrat 29-14)

Status: (Engrossed - Dead) 2012-06-06 - REFERRED TO MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES [A09037 Detail]

Download: New_York-2011-A09037-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        9037--A
                                 I N  A S S E M B L Y
                                   January 17, 2012
                                      ___________
       Introduced  by  M.  of  A. WEISENBERG, COOK, MONTESANO, DUPREY, SCHIMEL,
         ZEBROWSKI, MAISEL, BURLING, P. RIVERA, BENEDETTO, GUNTHER,  M. MILLER,
         SCARBOROUGH, RAIA, McKEVITT, GRAF, ABINANTI, SWEENEY, MILLMAN, GIBSON,
         COLTON,  GABRYSZAK,  JAFFEE,  HIKIND, LAVINE, WEPRIN, HOOPER -- Multi-
         Sponsored by -- M. of A. ARROYO, AUBRY, BOYLAND, CORWIN, GALEF,  GOTT-
         FRIED,  JOHNS,  JORDAN, McENENY, McLAUGHLIN, MURRAY, OAKS, RA, THIELE,
         TOBACCO -- 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 the further
         dissemination of records pertaining to allegations and  investigations
         of abuse and mistreatment at a facility to certain persons
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 33.25 of the mental hygiene law, as added by  chap-
    2  ter 24 of the laws of 2007, is amended to read as follows:
    3  S 33.25 Release  of records pertaining to allegations and investigations
    4            of abuse and mistreatment.
    5    (a) Records and documents pertaining to allegations and investigations
    6  into patient abuse or mistreatment at a facility, as defined in subdivi-
    7  sion six of section 1.03 of this chapter, including but not  limited  to
    8  all  complaints  and reports made pursuant to subdivision (c) of section
    9  45.07 and section 45.17 of this title, shall be released to a  qualified
   10  person,  as defined in paragraph six of subdivision (a) of section 33.16
   11  of this article, upon a written request by such qualified  person.  Such
   12  records  and documents shall be made available by the appropriate office
   13  within twenty-one days of the conclusion of its investigation,  provided
   14  that  the  names  and  other personally identifying information of other
   15  patients and employees shall not be included unless  such  patients  and
   16  employees authorize disclosure.
   17    (b) Records and reports released in accordance with this section shall
   18  be released pursuant to subdivision (b) of section 33.23 of this article
   19  and  shall not be further disseminated by the recipient, PROVIDED THAT A
   20  RECIPIENT MAY SHARE ANY RECORDS AND REPORTS  WITH:  (I)  A  HEALTH  CARE
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD13292-02-2
       A. 9037--A                          2
    1  PROVIDER;  (II) A BEHAVIORAL HEALTH CARE PROVIDER; (III) LAW ENFORCEMENT
    2  IF THE RECIPIENT BELIEVES A CRIME HAS BEEN COMMITTED; OR (IV) THE RECIP-
    3  IENT'S ATTORNEY.
    4    (C)  A  COVER  LETTER  SHALL ACCOMPANY RECORDS AND REPORTS RELEASED IN
    5  ACCORDANCE WITH THIS SECTION AND SHALL STATE: PURSUANT TO SECTION  33.25
    6  OF THE MENTAL HYGIENE LAW, THE ATTACHED RECORDS AND REPORTS SHALL NOT BE
    7  FURTHER  DISSEMINATED,  EXCEPT THAT YOU MAY SHARE THE REPORT WITH: (I) A
    8  HEALTH CARE PROVIDER; (II) A BEHAVIORAL HEALTH CARE PROVIDER; (III)  LAW
    9  ENFORCEMENT,  IF  YOU  BELIEVE  A CRIME HAS BEEN COMMITTED; OR (IV) YOUR
   10  ATTORNEY.
   11    (D) NOTHING IN THIS SECTION SHALL PROHIBIT THE RECEIPT, USE OR DISSEM-
   12  INATION OF ANY SUCH RECORDS, REPORTS, INFORMATION OR RESULTS OF INVESTI-
   13  GATIONS OR INQUIRY BY ANY PATIENT, FORMER PATIENT, OR  QUALIFIED  PERSON
   14  OR PERSON OR OFFICIAL SPECIFIED IN PARAGRAPH (I), (II), (III) OR (IV) OF
   15  SUBDIVISION  (B) OF THIS SECTION ACTING ON BEHALF OF ANY PATIENT, FORMER
   16  PATIENT OR PATIENT'S ESTATE, IN ANY LEGAL ACTION OR  PROCEEDING  BROUGHT
   17  BY OR ON BEHALF OF SUCH PATIENT, FORMER PATIENT OR PATIENT'S ESTATE.
   18    S 2. This act shall take effect immediately.