|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Oct 21, 2013||signed chap.395|
|Oct 09, 2013||delivered to governor|
|Jun 11, 2013||returned to senate|
ordered to third reading rules cal.101
substituted for a4100
|Apr 29, 2013||referred to mental health|
delivered to assembly
|Mar 11, 2013||advanced to third reading|
|Mar 07, 2013||2nd report cal.|
|Mar 06, 2013||1st report cal.174|
|Feb 15, 2013||referred to mental health and developmental disabilities|
senate Bill S3802Signed By Governor
Archive: Last Bill Status - Signed by Governor
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed by Governor
S3802 - Details
S3802 - Summary
Relates to the release of mental hygiene records pertaining to allegations and investigations of abuse or mistreatment.
S3802 - Sponsor Memo
BILL NUMBER:S3802 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).
S3802 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 3802 2013-2014 Regular Sessions I N S E N A T E February 15, 2013 ___________ Introduced by Sen. CARLUCCI -- 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 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. Subdivision (b) of section 33.25 of the mental hygiene law, as added by chapter 24 of the laws of 2007, is amended and two new subdivisions (c) and (d) are added 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, 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. (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. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
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