senate Bill S3168A

2011-2012 Legislative Session

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

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Archive: Last Bill Status - Passed Senate


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

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Actions

view actions (17)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 11, 2012 referred to mental health
delivered to assembly
passed senate
Jun 04, 2012 advanced to third reading
May 31, 2012 2nd report cal.
May 30, 2012 1st report cal.961
Feb 03, 2012 print number 3168a
amend and recommit to mental health and developmental disabilities
Jan 04, 2012 referred to mental health and developmental disabilities
returned to senate
died in assembly
Jun 16, 2011 referred to mental health
delivered to assembly
passed senate
ordered to third reading cal.1303
committee discharged and committed to rules
Feb 10, 2011 referred to mental health and developmental disabilities

Votes

view votes

May 30, 2012 - Mental Health and Developmental Disabilities committee Vote

S3168A
10
0
committee
10
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Mental Health and Developmental Disabilities committee vote details

Mental Health and Developmental Disabilities Committee Vote: May 30, 2012

Jun 16, 2011 - Rules committee Vote

S3168
23
0
committee
23
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Bill Amendments

Original
A (Active)
Original
A (Active)

S3168 - Details

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

S3168 - 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.

S3168 - Sponsor Memo

S3168 - Bill Text download pdf

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

                                  3168

                       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

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  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.
                                                           LBD08788-01-1

S3168A (ACTIVE) - Details

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

S3168A (ACTIVE) - 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.

S3168A (ACTIVE) - Sponsor Memo

S3168A (ACTIVE) - Bill Text download pdf

                    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

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