Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Mar 17, 2010 |
referred to mental health delivered to assembly passed senate |
Mar 15, 2010 |
advanced to third reading |
Mar 11, 2010 |
2nd report cal. |
Mar 10, 2010 |
1st report cal.249 |
Jan 06, 2010 |
referred to mental health and developmental disabilities |
Jul 16, 2009 |
committed to rules |
Apr 03, 2009 |
advanced to third reading |
Apr 02, 2009 |
2nd report cal. |
Apr 01, 2009 |
1st report cal.141 |
Mar 20, 2009 |
referred to mental health and developmental disabilities |
Senate Bill S3485
2009-2010 Legislative Session
Sponsored By
(D) Senate District
Archive: Last Bill Status - In Assembly Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
co-Sponsors
(D) Senate District
2009-S3485 (ACTIVE) - Details
2009-S3485 (ACTIVE) - Sponsor Memo
BILL NUMBER: S3485 TITLE OF BILL : An act to amend the mental hygiene law, in relation to authorizing the release of certain records of deceased residents of OMRDD operated or certified facilities to family members upon written request PURPOSE OF THE BILL : This bill would amend the Mental Hygiene Law (MHL) to authorize the release of certain records of deceased residents of facilities certified or operated by the Office of Mental Retardation and Developmental Disabilities (OMRDD). SUMMARY OF PROVISIONS : Section 1 of the bill would add a new subdivision (g) to MHL § 13.09 and reletter subdivision (f) to subdivision (h) to authorize the Commissioner of OMRDD to promulgate regulations that would provide for the release of certain records of deceased residents of OMRDD certified or operated facilities upon written request to a family member other than a qualified person as defined by MHL § 33.16(a)(6) on a case-by-case basis.
2009-S3485 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 3485 2009-2010 Regular Sessions I N S E N A T E March 20, 2009 ___________ Introduced by Sen. HUNTLEY -- (at request of the Office of Mental Retar- dation and Developmental Disabilities) -- read twice and ordered printed, and when printed to be committed to the Committee on Mental Health and Developmental Disabilities AN ACT to amend the mental hygiene law, in relation to authorizing the release of certain records of deceased residents of OMRDD operated or certified 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: Section 1. Subdivision (f) of section 13.09 of the mental hygiene law, as added by chapter 520 of the laws of 2008, is relettered subdivision (h) and a new subdivision (g) is added to read as follows: (G) NOTWITHSTANDING THE PROVISIONS OF SECTIONS 33.13 AND 33.16 OF THIS CHAPTER, THE COMMISSIONER SHALL PROMULGATE REGULATIONS TO AUTHORIZE, UPON WRITTEN REQUEST AND AS DETERMINED ON A CASE-BY-CASE BASIS, THE RELEASE OF CERTAIN RECORDS PERTAINING TO A DECEASED INDIVIDUAL WHO RESIDED IN A FACILITY OPERATED OR CERTIFIED BY THE OFFICE. THE REGU- LATIONS SHALL SPECIFY WHICH INFORMATION MAY BE RELEASED AND SHALL INCLUDE CONSIDERATION OF SUCH INFORMATION AS THE INDIVIDUAL'S NAME; DATES OF ADMISSION, DISCHARGE, BIRTH AND DEATH; CAUSE OF DEATH; A SUMMA- RY OF THE DIAGNOSIS, TREATMENT, AND SERVICES PROVIDED; EMPLOYMENT; RESI- DENTIAL AND FAMILY HISTORY; AND OTHER IDENTIFYING DATA. THE REGULATIONS SHALL SPECIFY THE CIRCUMSTANCES UNDER WHICH SUCH RECORDS SHALL BE RELEASED AND SHALL INCLUDE CONSIDERATION OF THE NEED OF A FAMILY MEMBER OTHER THAN A QUALIFIED PERSON AS DEFINED IN PARAGRAPH SIX OF SUBDIVISION (A) OF SECTION 33.16 OF THIS CHAPTER TO ACCESS INFORMATION. IN THE EVENT THE DECEASED INDIVIDUAL, OR IN THE CASE OF AN INDIVIDUAL WHO LACKED CAPACITY TO CONSENT TO THE RELEASE OF HIS OR HER RECORDS, A QUALIFIED PERSON AS DEFINED IN PARAGRAPH SIX OF SUBDIVISION (A) OF SECTION 33.16 OF THIS CHAPTER, HAD PREVIOUSLY OBJECTED TO THE RELEASE OF HIS OR HER RECORDS AND SUCH OBJECTION WAS IN WRITING OR OTHERWISE DOCUMENTED IN THE EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07420-04-9
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