senate Bill S6847

Signed By Governor
2011-2012 Legislative Session

Grants the state commission of correction authority to access inmate medical records

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Archive: Last Bill Status - Signed by Governor


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jul 18, 2012 signed chap.232
Jul 06, 2012 delivered to governor
Jun 20, 2012 returned to senate
passed assembly
ordered to third reading cal.472
substituted for a9553
May 08, 2012 referred to codes
delivered to assembly
passed senate
May 07, 2012 advanced to third reading
May 02, 2012 2nd report cal.
May 01, 2012 1st report cal.683
Mar 28, 2012 referred to crime victims, crime and correction

Votes

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S6847 - Bill Details

See Assembly Version of this Bill:
A9553
Law Section:
Correction Law
Laws Affected:
Amd §46, Cor L

S6847 - Bill Texts

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Grants the state commission of correction authority to access inmate medical records.

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BILL NUMBER:S6847

TITLE OF BILL:

An act
to amend the correction law, in relation to granting the state
commission of correction authority to access inmate medical records

PURPOSE OF BILL:

This bill would amend the Correction Law to clarify that the State
Commission of Correction ("the Commission") has the authority to
obtain medical records of certain inmates being treated in outside
medical facilities.

SUMMARY OF PROVISIONS:

Section 1 of the bill would amend Correction Law § 46(1) to
specifically include inmate medical records in the type of
information to which the Commission has access.

Section 2 of the bill would amend Correction Law § 46(2) to authorize
Commission attorneys to issue and enforce subpoenas on behalf of the
Commission; it also provides that the Commission's subpoena powers
extend to the medical records of inmates that are made outside of a
correctional facility during the inmate's incarceration.

Section 3 of the bill provides the effective date.

EXISTING LAW:

Correction Law § 47 requires the Commission's Correction Medical
Review Board ("the Board") to investigate and report on the systems
for delivery of medical care to inmates in correctional facilities,
and to investigate the death of any such inmate. Pursuant to
Correction Law § 46(1), the Commission is entitled to access to all
books, records, data or information pertaining to any correctional
facility that is deemed necessary for carrying out the commission's
functions, powers and duties.

PRIOR LEGISLATIVE HISTORY:

This is a new bill.

STATEMENT IN SUPPORT:

As the only agency charged with overseeing the overall delivery of
health care in jails and prisons, it is imperative that the Commission
have access to all inmate medical records.
The issue becomes particularly problematic in the case of an inmate
death. The Board is

statutorily charged with investigating these deaths, rendering
findings and recommendations to prevent future such events. The most
seriously ill inmates invariably end up in hospital care, and
access to their medical records is vital to ascertaining cause of
death, as well as being one of the best sources of information on the
quality of care the inmate was receiving in a correctional facility.

The Board's ability to perform these vital functions has been limited
by determinations in some jurisdictions that the Commission's
authority does not extend to inmate medical records, especially those
made and kept outside of a correctional facility. In support of this
position, these jurisdictions cite the Health Insurance Portability
and Accountability Act ("HIPAA") and the physician-patient privilege
set forth in CPLR § 4504. This has resulted in hospitals occasionally
refusing to honor Commission subpoenas.

The Commission is currently appealing the decision of the Appellate
Division, First Department, upholding the determination of the
Supreme Court, New York County, granting the motion of the Health and
Hospitals Corporation ("HHC") to quash a Commission subpoena based
upon the court's finding that the physician-patient privilege
prevented the Commission from accessing these records. See Matter
of NYC Health and Hospitals Corp. v.
NYS Commission of Correction, 76 A.D.3d 453 (1st Dep't 2010); compare
Matter of State Commission of Correction v. Nassau County Medical
Center, 137 A.D.2d 127 (3rd Dep't 1988) (upholding Board's subpoena
for medical records of inmate who died at the county hospital). The
First Department's ruling effectively prevents the Commission from
gaining access to any of the New York City Department of Correction
(Rikers Island) inmate hospital records, as all New York City inmates
are treated at HHC hospitals when acute care is required. As a
result, the Board's ability to conduct a thorough investigation of
both inmate health care issues and inmate deaths has been hindered.
This bill would permit the Board to perform its statutory mandates in
every jurisdiction in the State.

BUDGET IMPLICATIONS:

This bill would have no budgetary impact.

EFFECTIVE DATE:

This bill would take effect immediately.

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

                                  6847

                            I N  S E N A T E

                             March 28, 2012
                               ___________

Introduced  by  Sen.  NOZZOLIO  --  (at request of the NYS Commission of
  Correction) -- read twice and ordered printed, and when printed to  be
  committed to the Committee on Crime Victims, Crime and Correction

AN  ACT  to  amend the correction law, in relation to granting the state
  commission of correction authority to access inmate medical records

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

  Section 1. Subdivision 1 of section 46 of the correction law, as added
by chapter 865 of the laws of 1975, is amended to read as follows:
  1.    The  commission,  any  member  or any employee designated by the
commission must be granted access at any and all times  to  any  correc-
tional  facility  or  part  thereof  and  to  all books, records, INMATE
MEDICAL RECORDS and data pertaining to any correctional facility  deemed
necessary  for  carrying  out  the  commission's  functions,  powers and
duties.  The commission, any member or any employee  designated  by  the
chairman  may  require  from the officers or employees of a correctional
facility any information deemed necessary for the  purpose  of  carrying
out the commission's functions, powers and duties.
  S  2. Subdivision 2 of section 46 of the correction law, as amended by
chapter 536 of the laws of 1994, is amended to read as follows:
  2. In the exercise of its functions, powers and duties, the commission
[and], any member, AND  ANY  ATTORNEY  EMPLOYED  BY  THE  COMMISSION  is
authorized  to  issue and enforce a subpoena and a subpoena duces tecum,
administer oaths and examine persons under oath, in accordance with  and
pursuant  to  civil practice law and rules. A person examined under oath
pursuant to this subdivision shall have the right to be  accompanied  by
counsel  who  shall advise the person of their rights subject to reason-
able limitations to prevent obstruction of, or  interference  with,  the
orderly conduct of the examination.  NOTWITHSTANDING ANY OTHER PROVISION
OF  LAW, A SUBPOENA MAY BE ISSUED AND ENFORCED PURSUANT TO THIS SUBDIVI-
SION FOR THE MEDICAL RECORDS OF AN INMATE OF  A  CORRECTIONAL  FACILITY,
REGARDLESS  OF  WHETHER SUCH MEDICAL RECORDS WERE MADE DURING THE COURSE
OF THE INMATE'S INCARCERATION.
  S 3. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14466-01-2

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