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Assembly Bill A9037A

2011-2012 Legislative Session

Relates to the release of mental hygiene records pertaining to allegations and investigations of abuse or mistreatment

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Archive: Last Bill Status - In Senate Committee Mental Health And Developmental Disabilities Committee

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Bill Amendments

co-Sponsors

multi-Sponsors

2011-A9037 - Details

See Senate Version of this Bill:
S6620
Current Committee:
Senate Mental Health And Developmental Disabilities
Law Section:
Mental Hygiene Law
Laws Affected:
Amd §33.25, Ment Hyg L
Versions Introduced in 2013-2014 Legislative Session:
A4100, S3802

2011-A9037 - Summary

Relates to the release of mental hygiene records pertaining to allegations and investigations of abuse or mistreatment.

2011-A9037 - Bill Text download pdf 

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

                                  9037

                          I N  A S S E M B L Y

                            January 17, 2012
                               ___________

Introduced  by  M.  of  A. WEISENBERG, COOK, MONTESANO, DUPREY, SCHIMEL,
  ZEBROWSKI, MAISEL, BURLING, P. RIVERA, BENEDETTO, GUNTHER,  M. MILLER,
  SCARBOROUGH,  RAIA, McKEVITT, GRAF, ABINANTI, SWEENEY, MILLMAN, GIBSON
  -- Multi-Sponsored by -- M. of A.  ARROYO, GALEF, GOTTFRIED,  McENENY,
  McLAUGHLIN,  MURRAY,  RA,  THIELE  --  read  once  and referred to the
  Committee on Mental Health

AN ACT to amend the mental hygiene law, in relation to  the  release  of
  mental hygiene records pertaining to allegations and investigations of
  abuse or mistreatment

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision (b) of section 33.25 of the mental hygiene law,
as added by chapter 24 of the laws  of  2007,  is  amended  to  read  as
follows:
  (b) Records and reports released in accordance with this section shall
be released pursuant to subdivision (b) of section 33.23 of this article
[and shall not be further disseminated by the recipient].
  S 2. This act shall take effect immediately.






 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13292-01-1

co-Sponsors

multi-Sponsors

2011-A9037A (ACTIVE) - Details

See Senate Version of this Bill:
S6620
Current Committee:
Senate Mental Health And Developmental Disabilities
Law Section:
Mental Hygiene Law
Laws Affected:
Amd §33.25, Ment Hyg L
Versions Introduced in 2013-2014 Legislative Session:
A4100, S3802

2011-A9037A (ACTIVE) - Summary

Relates to the release of mental hygiene records pertaining to allegations and investigations of abuse or mistreatment.

2011-A9037A (ACTIVE) - Bill Text download pdf 

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

                                 9037--A

                          I N  A S S E M B L Y

                            January 17, 2012
                               ___________

Introduced  by  M.  of  A. WEISENBERG, COOK, MONTESANO, DUPREY, SCHIMEL,
  ZEBROWSKI, MAISEL, BURLING, P. RIVERA, BENEDETTO, GUNTHER,  M. MILLER,
  SCARBOROUGH, RAIA, McKEVITT, GRAF, ABINANTI, SWEENEY, MILLMAN, GIBSON,
  COLTON,  GABRYSZAK,  JAFFEE,  HIKIND, LAVINE, WEPRIN, HOOPER -- Multi-
  Sponsored by -- M. of A. ARROYO, AUBRY, BOYLAND, CORWIN, GALEF,  GOTT-
  FRIED,  JOHNS,  JORDAN, McENENY, McLAUGHLIN, MURRAY, OAKS, RA, THIELE,
  TOBACCO -- read once and referred to the Committee on Mental Health --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

AN  ACT  to  amend  the  mental  hygiene law, in relation to the further
  dissemination of records pertaining to allegations and  investigations
  of abuse and mistreatment at a facility to certain persons

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 33.25 of the mental hygiene law, as added by  chap-
ter 24 of the laws of 2007, is amended to read as follows:
S 33.25 Release  of records pertaining to allegations and investigations
          of abuse and mistreatment.
  (a) Records and documents pertaining to allegations and investigations
into patient abuse or mistreatment at a facility, as defined in subdivi-
sion six of section 1.03 of this chapter, including but not  limited  to
all  complaints  and reports made pursuant to subdivision (c) of section
45.07 and section 45.17 of this title, shall be released to a  qualified
person,  as defined in paragraph six of subdivision (a) of section 33.16
of this article, upon a written request by such qualified  person.  Such
records  and documents shall be made available by the appropriate office
within twenty-one days of the conclusion of its investigation,  provided
that  the  names  and  other personally identifying information of other
patients and employees shall not be included unless  such  patients  and
employees authorize disclosure.
  (b) Records and reports released in accordance with this section shall
be released pursuant to subdivision (b) of section 33.23 of this article
and  shall not be further disseminated by the recipient, PROVIDED THAT A
RECIPIENT MAY SHARE ANY RECORDS AND REPORTS  WITH:  (I)  A  HEALTH  CARE

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

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