Bill Text: NY S01288 | 2019-2020 | General Assembly | Introduced
Bill Title: Provides for notice to persons authorized to receive medical information when a patient previously treated in a chemical dependence program or facility exhibits signs of possible drug use.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2019-03-18 - RECOMMIT, ENACTING CLAUSE STRICKEN [S01288 Detail]
Download: New_York-2019-S01288-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 1288 2019-2020 Regular Sessions IN SENATE January 14, 2019 ___________ Introduced by Sen. ORTT -- read twice and ordered printed, and when printed to be committed to the Committee on Alcoholism and Substance Abuse AN ACT to amend the mental hygiene law, in relation to notice to certain persons of a patient previously treated in a chemical dependence program or facility The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. This act shall be known and may be cited as "Stephen's 2 law". 3 § 2. The mental hygiene law is amended by adding a new section 22.09-a 4 to read as follows: 5 § 22.09-a Notice to certain persons of patients previously treated. 6 (a) When a patient who has previously been treated in a chemical 7 dependence program, service or treatment facility does not attend a 8 scheduled appointment; tests positive for any controlled substance; or 9 demonstrates behavior or conditions which may cause life-threatening 10 harm to such patient, a health care provider treating or observing such 11 patient shall notify all parties to whom the patient has authorized 12 consent for the release of medical information. 13 (b) The health care provider shall only be required to use contact 14 information as specified on the form authorizing consent for the release 15 of medical information. A party which does not list contact information 16 on such form waives its right to receive notice of occurrences under 17 this section. 18 (c) The office shall notify a party who is authorized to receive 19 medical information of the impending expiration of such authorization no 20 less than seven calendar days before the expiration date. 21 (d) Upon the occurrence of any circumstance under subdivision (a) of 22 this section, a patient may not revoke his or her consent for the 23 release of information to any party. The consent shall remain in effect EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD05434-02-9S. 1288 2 1 until it expires pursuant to the terms originally specified at the time 2 the consent was signed or subsequently updated. 3 (e) A health care provider shall not be required to contact more than 4 three parties for any single occurrence. 5 § 3. The office of alcoholism and substance abuse services shall 6 update the TRS-2 form (Consent for Release of Information Concerning 7 Alcoholism/Drug Abuse Patient) to include a space in which a signatory 8 may add immediate contact information for persons who are authorized to 9 receive medical information, including but not limited to a phone number 10 and/or an email address. The updated form shall be published no more 11 than ninety days after the effective date of this act. 12 § 4. This act shall take effect on the one hundred eightieth day after 13 it shall have become a law.