senate Bill S3168A

Authorizes the release of certain records pertaining to deceased residents of OPWDD operated or certified facilities to family members

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 10 / Feb / 2011
    • REFERRED TO MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES
  • 16 / Jun / 2011
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 16 / Jun / 2011
    • ORDERED TO THIRD READING CAL.1303
  • 16 / Jun / 2011
    • PASSED SENATE
  • 16 / Jun / 2011
    • DELIVERED TO ASSEMBLY
  • 16 / Jun / 2011
    • REFERRED TO MENTAL HEALTH
  • 04 / Jan / 2012
    • DIED IN ASSEMBLY
  • 04 / Jan / 2012
    • RETURNED TO SENATE
  • 04 / Jan / 2012
    • REFERRED TO MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES
  • 03 / Feb / 2012
    • AMEND AND RECOMMIT TO MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES
  • 03 / Feb / 2012
    • PRINT NUMBER 3168A
  • 30 / May / 2012
    • 1ST REPORT CAL.961
  • 31 / May / 2012
    • 2ND REPORT CAL.
  • 04 / Jun / 2012
    • ADVANCED TO THIRD READING
  • 11 / Jun / 2012
    • PASSED SENATE
  • 11 / Jun / 2012
    • DELIVERED TO ASSEMBLY
  • 11 / Jun / 2012
    • REFERRED TO MENTAL HEALTH

Summary

Authorizes the release of certain records pertaining to deceased residents of the office for people with developmental disabilities operated or certified facilities to family members.

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Bill Details

See Assembly Version of this Bill:
A8471A
Versions:
S3168
S3168A
Legislative Cycle:
2011-2012
Current Committee:
Law Section:
Mental Hygiene Law
Laws Affected:
Amd §§13.09 & 33.13, Ment Hyg L
Versions Introduced in 2009-2010 Legislative Cycle:
S3485, S3485

Sponsor Memo

BILL NUMBER:S3168A

TITLE OF BILL:

An act to amend the mental hygiene law, in relation to authorizing the
release of certain records of deceased residents of OPWDD operated or
certified facilities to family members upon written request

PURPOSE OF THE BILL:

This bill would amend the Mental Hygiene Law (MHL) for the
commissioner to promulgate regulations to cover the release of certain
records of a deceased residents of facilities certified or operated by
the Office of People with Developmental Disabilities (OPWDD).

SUMMARY OF PROVISIONS:

Section 1 of the bill would add a new subdivision (f) to MHL § 13.09
and reletter subdivision (f) to subdivision (h) to allow the
Commissioner of OPWDD to promulgate regulations that would provide for
the release of certain records of deceased residents of OPWDD
certified or operated facilities to a family member other than a
qualified person as defined by MHL § 33.16

Section 2 of the bill would amend MHL § 33.13(c) by adding a new
paragraph (15) upon a written request by the physician of a family
member when there is a demonstrable medical need for such information
as it is relevant to the family member's own health care. The
Commissioner shall promulgate regulations to define family member for
purpose of this section.

Section 3 of the bill provides that section 1 of the bill would take
effect on the one hundred eightieth day after it shall become law and
section 2 of the bill would take effect immediately.

EXISTING LAW:

The MHL does not allow for release of information about a deceased
individual to a family member who is not a "qualified person" pursuant
to MHL §§ 33.13, 33.16. Only certain qualified family members, who are
parents, a spouse or an adult child of the individual, may obtain
"information.

In accordance with a national movement and laws in other states to
give dignity to institutionalized persons with-developmental
disabilities who, upon their death, were usually assigned only a
number in a state facility cemetery or otherwise had an unmarked
grave, Chapter 520 of the Laws of 2008 was enacted to provide for
release of very limited information about a deceased resident of an
OPWDD facility (i.e. names and birth/death dates) for the sole
purpose of inscribing a cemetery marker.

PRIOR LEGISLATIVE HISTORY:
2011: S.3168A Passed the Senate unanimously.

STATEMENT IN SUPPORT:


Currently, the MHL allows for the release of records of deceased
residents of OPWDD facilities only to those "qualified" family members
specified in MHL § 13.09, namely, a parent, a spouse, or an adult
child of such individual. This bill would authorize the commissioner
of OPWDD to develop regulations in order to provide certain
information to other family members. The Commissioner would also
define family member through regulations. Family members may learn of
the existence of their relative only after the relative's death, and
may have no ability to ascertain whether their relative even existed.
The types of information to be released could include the person's
name, dates of birth, death and admission, discharge/release, cause of
death, diagnosis, treatment, services provided, employment and
residential history. Where the commissioner has determined that the
release of information is appropriate pursuant to the standards set
forth in regulation, this bill would allow for release unless the
individual or a qualified family member had objected during his or her
lifetime and such objection was documented in the individual's
services plan.

The bill would also amend MHL § 33.13 by adding a new paragraph 15 to
provide for the release of records to a physician of a family member,
who is not a qualified person, when the family member has a
demonstrable medical need for such information. This provision would
bring state law into compliance with the federal Health Insurance
portability and Accountability Act (HIPAA) which allows for release of
clinical information to a family member for this specific purpose.

BUDGET IMPLICATIONS:
This proposal has no fiscal implications.

EFFECTIVE DATE:
Section 1 of the bill would take effect 180 days after enactment and
Section 2 would take effect immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3168--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 10, 2011
                               ___________

Introduced  by  Sen. HUNTLEY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Mental Health and Develop-
  mental Disabilities -- recommitted to the Committee on  Mental  Health
  and  Developmental Disabilities 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, in relation to authorizing the
  release of certain records of deceased residents of OPWDD 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
is relettered subdivision (h) and a new subdivision (f) is added to read
as follows:
  (F) NOTWITHSTANDING THE PROVISIONS OF SECTIONS 33.13 AND 33.16 OF THIS
CHAPTER,  THE  COMMISSIONER  SHALL  PROMULGATE  REGULATIONS TO COVER 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  SHALL  BE  RELEASED  AND  SHALL
INCLUDE  SUCH  RECORDS  AS  THE  INDIVIDUAL'S  NAME; DATES OF ADMISSION,
DISCHARGE, BIRTH AND DEATH; CAUSE  OF  DEATH;  TREATMENT,  AND  SERVICES
PROVIDED;  EMPLOYMENT; AND RESIDENTIAL HISTORY TO FAMILY MEMBERS, UNLESS
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
INDIVIDUAL'S SERVICES PLAN AND HAD NOT BEEN WITHDRAWN, THE  COMMISSIONER
SHALL NOT AUTHORIZE THE RELEASE OF SUCH RECORDS.
  S  2.  Subdivision  (c)  of section 33.13 of the mental hygiene law is
amended by adding a new paragraph 15 to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08788-06-2

S. 3168--A                          2

  15.  UPON WRITTEN REQUEST BY THE PHYSICIAN OF A FAMILY  MEMBER  OF  AN
INDIVIDUAL,  WHO HAS A DEMONSTRABLE MEDICAL NEED FOR SUCH INFORMATION AS
IT IS RELEVANT TO THE FAMILY MEMBER'S OWN HEALTH CARE.  THE COMMISSIONER
SHALL PROMULGATE REGULATIONS TO DEFINE FAMILY  MEMBER  FOR  PURPOSES  OF
THIS SECTION.
  S 3. This act shall take effect immediately; provided that section one
of  this act shall take effect on the one hundred eightieth day after it
shall have become a law.

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