Senate Bill S6620A

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

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 14, 2012	print number 6620a
May 14, 2012	amend (t) and recommit to mental health and developmental disabilities
Mar 05, 2012	referred to mental health and developmental disabilities

Bill Amendments

Original

A (Active)

co-Sponsors

2011-S6620 - Details

See Assembly Version of this Bill:: A9037
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:: S3802, A4100

2011-S6620 - Summary

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

2011-S6620 - Sponsor Memo

                                BILL NUMBER:S6620

TITLE OF BILL:
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

PURPOSE:
Amends Chapter 24 of the Laws of 2007 (Jonathan's Law) and clarifies
the legislative intent of certain provisions.

SUMMARY OF PROVISIONS:
Subdivision (b) of section 33.25 of the mental hygiene law, as added
by chapter 24 of the laws of 2007, is amended to strike certain
language regarding the further dissemination of records by the
recipient.

JUSTIFICATION:
Chapter 24 of the Laws of 2007 (Jonathan's Law) mandated the timely
notification and the release of reports and records to qualified
family members with regard to incidents of abuse of an individual
under the care of these facilities.

The law contained language that prohibits the "further dissemination"
of records obtained by parents or guardians with regard to abuse of

individuals with developmental disabilities who reside in facilities
licensed by the New York State Office for People with Developmental
Disabilities (OPWDD).

Since Jonathan's Law was enacted, the language prohibiting the further
dissemination of these records has often been interpreted
inconsistently, and is at odds with the legislative intent of the
original chapter.

For example, when family members request and receive reports of abuse
of their loved ones, the documents are provided with a letter from
the agency stating the information is "highly confidential" and the
reports themselves are stamped in large bold letters "CONFIDENTIAL -
DO NOT DISCLOSE". It remains unclear whether these records can be
shared, for instance, with an attorney representing the family, or
even law enforcement agencies, where a crime has clearly been
committed.

Given the recent series of New York Times articles exposing
allegations of widespread abuse and the unacceptable lack of criminal
reporting of these incidents by those charged under law to do so, it
is imperative that we allow the qualified recipients of these reports
of abuse to utilize them in a manner that will best protect the
individual and provide for swift justice of crimes against this
vulnerable population.

LEGISLATIVE HISTORY:
None.

FISCAL IMPLICATIONS:
None.

LOCAL FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediate.

2011-S6620 - Bill Text download pdf

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

                                  6620

                            I N  S E N A T E

                              March 5, 2012
                               ___________

Introduced  by Sens. McDONALD, GOLDEN, LARKIN, MAZIARZ -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Mental Health and Developmental Disabilities

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

2011-S6620A (ACTIVE) - Details

See Assembly Version of this Bill:: A9037
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:: S3802, A4100

2011-S6620A (ACTIVE) - Summary

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

2011-S6620A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S6620A

TITLE OF BILL:
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

PURPOSE OR GENERAL IDEA OF BILL:
Amends Chapter 24 of the Laws of 2007
(Jonathan's Law) and clarifies the legislative intent of certain
provisions.

SUMMARY OF SPECIFIC PROVISIONS:
Subdivision (b) of section 33.25 of
the mental hygiene law, as added by chapter 24 of the laws of 2007, is
amended to strike certain language regarding the further
dissemination of records by the recipient.

JUSTIFICATION:
Chapter 24 of the Laws of 2007 (Jonathan's Law) mandated the timely
notification and the release of reports and records to qualified
family members with regard to incidents of abuse of an individual
under the care of these facilities.

The law contained language that prohibits the "further dissemination"

of records obtained by parents or guardians with regard to abuse of
individuals with developmental disabilities who reside in facilities
licensed by the New York State Office for People with Developmental
Disabilities (OPWDD).

Since Jonathan's Law was enacted, the language prohibiting the further
dissemination of these records has often been interpreted
inconsistently, and is at odds with the legislative intent of the
original chapter. For example, when family members request and
receive reports of abuse of their loved ones, the documents are
provided with a letter from the agency stating the information is
"highly confidential" and the reports themselves are stamped in large
bold letters "CONFIDENTIAL - DO NOT DISCLOSE". It remains unclear
whether these records can be shared, for instance, with an attorney
representing the family, or even law enforcement agencies, where a
crime has clearly been committed.

This bill will clarify that records can be shared with a health care
provider; a behavioral health care provider; law enforcement if the
recipient believes a crime has been committed; or the recipients'
attorney. The cover letter accompanying the records shall reflect
this information.

Given the recent series of New York Times articles exposing
allegations of widespread abuse and the unacceptable lack of criminal
reporting of these incidents by those charged under law to do so, it
is imperative that we allow the qualified recipients of these reports
of abuse to utilize them in a manner that will best protect the
individual and provide for swift justice of crimes against this
vulnerable population.


PRIOR LEGISLATIVE HISTORY:
None.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediate.

2011-S6620A (ACTIVE) - Bill Text download pdf

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

                                 6620--A

                            I N  S E N A T E

                              March 5, 2012
                               ___________

Introduced  by  Sens.  McDONALD, DeFRANCISCO, GOLDEN, LARKIN, MAZIARZ --
  read twice and ordered printed, and when printed to  be  committed  to
  the  Committee  on  Mental  Health  and  Developmental Disabilities --
  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
PROVIDER;  (II) A BEHAVIORAL HEALTH CARE PROVIDER; (III) LAW ENFORCEMENT
IF THE RECIPIENT BELIEVES A CRIME HAS BEEN COMMITTED; OR (IV) THE RECIP-
IENT'S ATTORNEY.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13292-03-2

S. 6620--A                          2

  (C) A COVER LETTER SHALL ACCOMPANY RECORDS  AND  REPORTS  RELEASED  IN
ACCORDANCE  WITH THIS SECTION AND SHALL STATE: PURSUANT TO SECTION 33.25
OF THE MENTAL HYGIENE LAW, THE ATTACHED RECORDS AND REPORTS SHALL NOT BE
FURTHER DISSEMINATED, EXCEPT THAT YOU MAY SHARE THE REPORT WITH:  (I)  A
HEALTH  CARE PROVIDER; (II) A BEHAVIORAL HEALTH CARE PROVIDER; (III) LAW
ENFORCEMENT, IF YOU BELIEVE A CRIME HAS BEEN  COMMITTED;  OR  (IV)  YOUR
ATTORNEY.
  (D) NOTHING IN THIS SECTION SHALL PROHIBIT THE RECEIPT, USE OR DISSEM-
INATION OF ANY SUCH RECORDS, REPORTS, INFORMATION OR RESULTS OF INVESTI-
GATIONS  OR  INQUIRY BY ANY PATIENT, FORMER PATIENT, OR QUALIFIED PERSON
OR PERSON OR OFFICIAL SPECIFIED IN PARAGRAPH (I), (II), (III) OR (IV) OF
SUBDIVISION (B) OF THIS SECTION ACTING ON BEHALF OF ANY PATIENT,  FORMER
PATIENT  OR  PATIENT'S ESTATE, IN ANY LEGAL ACTION OR PROCEEDING BROUGHT
BY OR ON BEHALF OF SUCH PATIENT, FORMER PATIENT OR PATIENT'S ESTATE.
  S 2. This act shall take effect immediately.

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Senate Bill S6620A

Sponsored By

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

Actions

Bill Amendments

co-Sponsors

2011-S6620 - Details

2011-S6620 - Summary

2011-S6620 - Sponsor Memo

2011-S6620 - Bill Text download pdf

co-Sponsors

2011-S6620A (ACTIVE) - Details

2011-S6620A (ACTIVE) - Summary

2011-S6620A (ACTIVE) - Sponsor Memo

2011-S6620A (ACTIVE) - Bill Text download pdf

Comments

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Sponsored By

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

Actions

Bill Amendments

co-Sponsors

2011-S6620 - Details

2011-S6620 - Summary

2011-S6620 - Sponsor Memo

2011-S6620 - Bill Text download pdf

co-Sponsors

2011-S6620A (ACTIVE) - Details

2011-S6620A (ACTIVE) - Summary

2011-S6620A (ACTIVE) - Sponsor Memo

2011-S6620A (ACTIVE) - Bill Text download pdf

Comments