|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jul 18, 2012||
|Jul 06, 2012||
delivered to governor
|Jun 20, 2012||
returned to senate
ordered to third reading cal.472
substituted for a9553
|May 08, 2012||
referred to codes
delivered to assembly
|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
senate Bill S6847Signed By Governor
Grants the state commission of correction authority to access inmate medical records
Archive: Last Bill Status - Signed by Governor
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed by Governor
view actions (13)
May 8, 2012 - floor VoteS6847610floor61Aye0Nay0Absent0Excused0Abstained
show floor vote details
Floor Vote: May 8, 2012aye (61)
May 1, 2012 - Crime Victims, Crime and Correction committee VoteS6847130committee13Aye0Nay1Aye with Reservations0Absent0Excused0Abstained
- show floor vote details
S6847 - Bill Details
- See Assembly Version of this Bill:
- Law Section:
- Correction Law
- Laws Affected:
- Amd §46, Cor L
S6847 - Bill Texts
Grants the state commission of correction authority to access inmate medical records.
view sponsor memo
TITLE OF BILL:
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
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.
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.
This bill would have no budgetary impact.
This bill would take effect immediately.
view full text
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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