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

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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

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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 - Bill 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 - Bill Texts

view 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.

view sponsor memo
BILL NUMBER:S3168

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) to authorize the
release of certain records of 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 authorize 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 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.

Section 2 of the bill would amend MHL § 33.13(c) by adding a new
paragraph (15) to authorize the release of records of a deceased
resident 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.

Section 3 of the bill provides that section 1 of the bill would take
effect 180 days after enactment and section 2 of the bill would take
effect immediately upon enactment.

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:


This is a new proposal.

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 on a case-by-case basis.
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 family 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 hy 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.

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                    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

S. 3168                             2

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:
  15.  UPON WRITTEN REQUEST TO THE PHYSICIAN OF A  FAMILY  MEMBER  OF  A
DECEASED  INDIVIDUAL WHO HAS A DEMONSTRABLE MEDICAL NEED FOR SUCH INFOR-
MATION AS IT IS RELEVANT TO THE FAMILY MEMBER'S OWN HEALTH CARE.
  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.

S3168A (ACTIVE) - Bill 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) - Bill Texts

view 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.

view 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 full 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

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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