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. LBD13321-02-0S. 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.