Bill Text: NY S06437 | 2019-2020 | General Assembly | Amended


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: (Passed) 2020-12-02 - approval memo.24 [S06437 Detail]

Download: New_York-2019-S06437-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         6437--A

                               2019-2020 Regular Sessions

                    IN SENATE

                                      June 11, 2019
                                       ___________

        Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when
          printed  to  be  committed to the Committee on Rules -- recommitted to
          the Committee on Cities in accordance with Senate Rule 6,  sec.  8  --
          committee  discharged,  bill amended, ordered reprinted as amended and
          recommitted to said committee

        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 chapter 912 of the laws  of  1984,  is
     3  amended to read as follows:
     4    5.  to  the medical review board of the state commission of correction
     5  or the board of correction of the city of New York when such  board  has
     6  requested  such information with respect to the death of a named person,
     7  or, with the consent  of  a  patient  or  client  when  such  board  has
     8  requested  information  about  the patient or client providing that such
     9  board requires such information in the exercise of its  statutory  func-
    10  tions,  powers and duties. Information, books, records or data which are
    11  confidential as provided by law shall be kept confidential by the  state
    12  commission  or  the  board of correction of the city of New York and any
    13  limitation on the release thereof imposed by law upon the party furnish-
    14  ing the information, books, records or data shall apply to  the  medical
    15  review  board of the state commission and the board of correction of the
    16  city of New York.
    17    § 2. Paragraphs (n) and (o) of subdivision 1 of section  2782  of  the
    18  public  health  law,  as  added  by chapter 584 of the laws of 1988, are
    19  amended to read as follows:
    20    (n) a medical director of a local correctional facility as defined  in
    21  section forty of the correction law, in accordance with paragraph (a) of

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13321-02-0

        S. 6437--A                          2

     1  subdivision two of section twenty-seven hundred eighty-six of this arti-
     2  cle,  to the extent the medical director is authorized to access records
     3  containing such information in order to carry out his or her  functions,
     4  powers and duties with respect to the protected individual; [or]
     5    (o)  an employee or agent of the commission of correction or the board
     6  of correction of the city of New York, in accordance with paragraph  (a)
     7  of  subdivision  two  of section twenty-seven hundred eighty-six of this
     8  article, to the extent the employee or agent  is  authorized  to  access
     9  records  containing  such  information in order to carry out the commis-
    10  sion's functions, powers and duties with respect to the protected  indi-
    11  vidual, pursuant to article three of the correction law[.];
    12    §  3.  Paragraph  (a)  of  subdivision 2 of section 2786 of the public
    13  health law, as added by chapter 584 of the laws of 1988, is  amended  to
    14  read as follows:
    15    (a)  Each  state  agency authorized pursuant to this article to obtain
    16  confidential HIV related information and the board of correction of  the
    17  city  of  New York shall, in consultation with the department of health,
    18  promulgate regulations: (1) to provide safequards to  prevent  discrimi-
    19  nation,  abuse  or other adverse actions directed toward protected indi-
    20  viduals; (2) to prohibit the disclosure of such  information  except  in
    21  accordance  with  this  article;  (3)  to seek to protect individuals in
    22  contact with the  protected  individual  when  such  contact  creates  a
    23  significant  risk  of  contracting or transmitting HIV infection through
    24  the exchange of body fluids, and (4) to establish criteria for determin-
    25  ing when it is reasonably necessary for a provider of a health or social
    26  service or the state agency or a local government agency to have  or  to
    27  use  confidential  HIV  related information for supervision, monitoring,
    28  investigation, or administration and for determining which employees and
    29  agents may, in the ordinary course of business of the agency or  provid-
    30  er,  be authorized to access confidential HIV related information pursu-
    31  ant to the provisions of paragraphs (l) and (m) of subdivision  one  and
    32  subdivision six of section twenty-seven hundred eighty-two of this arti-
    33  cle;  and provided further that such regulations shall be promulgated by
    34  the chairperson of the commission of correction where disclosure is made
    35  pursuant to paragraphs (n) and (o) of subdivision one of  section  twen-
    36  ty-seven hundred eighty-two of this article.
    37    § 4. This act shall take effect immediately.
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