Bill Text: NY S00861 | 2021-2022 | General Assembly | Introduced

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Bill Title: Allows for medical and psychiatric records of deceased inmates to be accessed by the board of correction of the city of New York under certain circumstances.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2021-02-09 - SUBSTITUTED BY A1941 [S00861 Detail]

Download: New_York-2021-S00861-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                           861

                               2021-2022 Regular Sessions

                    IN SENATE

                                       (Prefiled)

                                     January 6, 2021
                                       ___________

        Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules

        AN  ACT  to  amend  the mental hygiene law and the public health law, in
          relation to access to medical  and  psychiatric  records  of  deceased
          inmates by the board of correction of the city of New York

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Paragraph 5 of subdivision (c)  of  section  33.13  of  the
     2  mental hygiene law, as amended by a chapter of the laws of 2020 amending
     3  the  mental  hygiene law and the public health law relating to access to
     4  medical and psychiatric records of deceased  inmates  by  the  board  of
     5  correction  of  the  city  of New York, as proposed in legislative bills
     6  numbers S. 6437-A and A. 8337-B, is amended to read as follows:
     7    5. to the medical review board of the state commission  of  correction
     8  [or the board of correction of the city of New York] when such board has
     9  requested  such information with respect to the death of a named person,
    10  or, with the consent  of  a  patient  or  client  when  such  board  has
    11  requested  information  about  the patient or client providing that such
    12  board requires such information in the exercise of its  statutory  func-
    13  tions,  powers and duties. Information, books, records or data which are
    14  confidential as provided by law shall be kept confidential by the  state
    15  commission  [or the board of correction of the city of New York] and any
    16  limitation on the release thereof imposed by law upon the party furnish-
    17  ing the information, books, records or data shall apply to  the  medical
    18  review board [of the state commission and the board of correction of the
    19  city of New York].
    20    §  2.  Subdivision  (c)  of section 33.13 of the mental hygiene law is
    21  amended by adding a new paragraph 18 to read as follows:
    22    18. to the board of correction of the city of New York when such board
    23  has requested such information with respect to  the  death  of  a  named

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07118-01-1
        S. 861                              2

     1  person,  or, with the consent of a patient or client when such board has
     2  requested information about the patient or client  providing  that  such
     3  board requires such information in the exercise of its functions, powers
     4  and  duties.  Information, books, records or data which are confidential
     5  as provided by law shall be kept confidential by the board of correction
     6  of the city of New York  and  any  limitation  on  the  release  thereof
     7  imposed by law upon the party furnishing the information, books, records
     8  or data shall apply to the board of correction of the city of New York.
     9    §  3.  Paragraph  (o)  of  subdivision 1 of section 2782 of the public
    10  health law, as amended by a chapter of the laws  of  2020  amending  the
    11  mental  hygiene  law  and  the  public  health law relating to access to
    12  medical and psychiatric records of deceased  inmates  by  the  board  of
    13  correction  of  the  city  of New York, as proposed in legislative bills
    14  numbers S. 6437-A and A. 8337-B, are amended to read as follows:
    15    (o) an employee or agent of the commission of correction [or the board
    16  of correction of the city of New York], in accordance with paragraph (a)
    17  of subdivision two of section twenty-seven hundred  eighty-six  of  this
    18  article,  to  the  extent  the employee or agent is authorized to access
    19  records containing such information in order to carry  out  the  commis-
    20  sion's  functions, powers and duties with respect to the protected indi-
    21  vidual, pursuant to article three of the correction law;
    22    § 4. Subdivision 1 of section 2782 of the public health law is amended
    23  by adding a new paragraph (s) to read as follows:
    24    (s) an employee or agent of the board of correction of the city of New
    25  York, in accordance with paragraph (a) of  subdivision  two  of  section
    26  twenty-seven  hundred  eighty-six  of  this  article,  to the extent the
    27  employee or agent is authorized to access records containing such infor-
    28  mation in order to carry out the board's functions,  powers  and  duties
    29  with respect to the protected individual, pursuant to the charter of the
    30  city of New York.
    31    §  5.  This  act  shall  take  effect on the same date and in the same
    32  manner as a chapter of the laws of 2020 amending the mental hygiene  law
    33  and  the public health law relating to access to medical and psychiatric
    34  records of deceased inmates by the board of correction of  the  city  of
    35  New  York,  as  proposed  in  legislative bills numbers S. 6437-A and A.
    36  8337-B takes effect.