|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jun 03, 2014||referred to mental health|
delivered to assembly
|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
|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|
senate Bill S5224
Authorizes the release of certain records pertaining to deceased residents of OPWDD operated or certified facilities to family members
Archive: Last Bill Status - Passed Senate
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
view actions (16)
Jun 3, 2014 - floor VoteS5224590floor59Aye0Nay0Absent2Excused0Abstained
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Floor Vote: Jun 3, 2014aye (59)
May 21, 2014 - Mental Health and Developmental Disabilities committee VoteS5224110committee11Aye0Nay0Aye with Reservations0Absent0Excused0Abstained
Jun 20, 2013 - floor VoteS5224630floor63Aye0Nay0Absent0Excused0Abstained
show floor vote details
Floor Vote: Jun 20, 2013aye (63)
Jun 5, 2013 - Mental Health and Developmental Disabilities committee VoteS5224100committee10Aye0Nay0Aye with Reservations0Absent0Excused1Abstained
- show floor vote details
S5224 - Bill Details
S5224 - Bill Texts
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
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
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.
Section 1 of the bill would take effect 180 days after enactment and
Section 2 would take effect immediately.
view full text
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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