senate Bill S5224

2013-2014 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 03, 2014 referred to mental health
delivered to assembly
passed senate
May 29, 2014 advanced to third reading
May 28, 2014 2nd report cal.
May 21, 2014 1st report cal.913
Jan 08, 2014 referred to mental health and developmental disabilities
returned to senate
died in assembly
Jun 20, 2013 referred to mental health
delivered to assembly
passed senate
Jun 11, 2013 advanced to third reading
Jun 10, 2013 2nd report cal.
Jun 05, 2013 1st report cal.1135
May 14, 2013 referred to mental health and developmental disabilities

Votes

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May 21, 2014 - Mental Health and Developmental Disabilities committee Vote

S5224
11
0
committee
11
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 21, 2014

Jun 5, 2013 - Mental Health and Developmental Disabilities committee Vote

S5224
10
0
committee
10
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
1
Abstained
show Mental Health and Developmental Disabilities committee vote details

Mental Health and Developmental Disabilities Committee Vote: Jun 5, 2013

abstained (1)

S5224 - Bill Details

See Assembly Version of this Bill:
A5924
Current Committee:
Law Section:
Mental Hygiene Law
Laws Affected:
Amd §§13.09 & 33.13, Ment Hyg L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S3168A, A8471A
2009-2010: S3485

S5224 - 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:S5224

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 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 MIL § 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.

Justification: Currently, the MHL allows for the release of records
of deceased residents of OPWDD facilities only to those "qualified"
family members specified in MIL § 13.05, 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 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.

PRIOR LEGISLATIVE HISTORY: 2011/12 - S.3168-A - Passed the Senate in
2011 and 2012

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
________________________________________________________________________

                                  5224

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 14, 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  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 16 to read as follows:
  16.    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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09574-01-3

S. 5224                             2

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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