Bill Text: NY S03409 | 2021-2022 | General Assembly | Introduced

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

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2022-03-03 - referred to mental health [S03409 Detail]

Download: New_York-2021-S03409-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          3409

                               2021-2022 Regular Sessions

                    IN SENATE

                                    January 29, 2021
                                       ___________

        Introduced  by  Sen.  BROUK  -- read twice and ordered printed, and when
          printed to be committed 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 (m) to read as follows:
     3    (m) Notwithstanding the provisions of sections 33.13 and 33.16 of this
     4  chapter,  the  commissioner  shall  promulgate regulations in accordance
     5  with the federal health insurance portability and accountability act  of
     6  1996,  and any regulations promulgated thereunder, governing the release
     7  of certain records pertaining to a deceased individual who resided in  a
     8  facility  operated  or  certified  by  the office. The regulations shall
     9  specify which information shall  be  released  and  shall  include  such
    10  records  as  the individual's name; dates of admission, discharge, birth
    11  and death; cause of death; treatment and services provided;  employment;
    12  and  residential history. Such records may be provided to family members
    13  upon written request. The commissioner shall not authorize  the  release
    14  of such records where the deceased individual had previously objected to
    15  the  release  of his or her records and such objection was in writing or
    16  otherwise documented in the individual's services plan and had not  been
    17  withdrawn.  In  the case of an individual who lacked capacity to consent
    18  to the release of his or her records, a qualified person as  defined  in
    19  paragraph  six  of  subdivision (a) of section 33.16 of this chapter may
    20  object to such release.
    21    § 2. Subdivision (c) of section 33.13 of the  mental  hygiene  law  is
    22  amended by adding a new paragraph 18 to read as follows:
    23    18.  upon  written  request  by the physician of a family member of an
    24  individual, who has a demonstrable medical need for such information  as

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02511-01-1
        S. 3409                             2

     1  it  is relevant to the family member's own health care. The commissioner
     2  shall promulgate regulations to define family  member  for  purposes  of
     3  this section.
     4    § 3. This act shall take effect immediately; provided that section one
     5  of  this act shall take effect on the one hundred eightieth day after it
     6  shall have become a law.