S T A T E   O F   N E W   Y O R K
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                                 7501--A
                                                        Cal. No. 455

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              May 13, 2015
                               ___________

Introduced  by  M.  of  A. BLAKE, SEPULVEDA, O'DONNELL, ROZIC, BRINDISI,
  LAVINE,  CAHILL,  ABINANTI,  JAFFEE,  HEVESI,  DINOWITZ,  SCHIMMINGER,
  BRAUNSTEIN,  ROSENTHAL, MAYER, TITONE -- read once and referred to the
  Committee on Correction -- reported  from  committee,  advanced  to  a
  third  reading,  amended and ordered reprinted, retaining its place on
  the order of third reading

AN ACT to amend the correction law, in relation to people in the custody
  of the department of  corrections  and  community  supervision  and  a
  medical authorization form to disclose private medical information

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 71 of the correction law is amended by adding a new
subdivision 9 to read as follows:
  9. (A) ANY PERSON WHO IS  IN  THE  CUSTODY  OF  THE  DEPARTMENT  SHALL
RECEIVE  AN  OPPORTUNITY  TO  COMPLETE AN AUTHORIZATION FORM TO DISCLOSE
PRIVATE MEDICAL INFORMATION TO ANY NEXT OF KIN OR  OTHER  REPRESENTATIVE
OF  HIS OR HER CHOICE AND AN AUTHORIZATION FOR RELEASE OF INFORMATION TO
DISCLOSE MENTAL HEALTH TREATMENT INFORMATION TO ANY NEXT OF KIN OR OTHER
REPRESENTATIVE OF HIS OR HER CHOICE UPON  SUCH  PERSON'S  ARRIVAL  AT  A
DESIGNATED  RECEPTION  FACILITY  AND  UPON  ORIENTATION CONDUCTED AT ANY
FACILITY AS A RESULT OF ANY TRANSFER DURING THE COURSE OF SUCH  PERSON'S
INCARCERATION.  SUCH AUTHORIZATION SHALL BE IN FORCE UNTIL THE INMATE IS
TRANSFERRED, DIES OR REVOKES SUCH AUTHORIZATION IN WRITING. SUCH AUTHOR-
IZATION MAY BE REVISED OR REVOKED UPON REQUEST BY THE INMATE.
  (B) (I) THE COMMISSIONER SHALL PROVIDE A COPY  OF  ANY  SUCH  AUTHORI-
ZATION  TO  THE PERSON AUTHORIZED BY THE INMATE AS SOON AS IS REASONABLY
PRACTICABLE.
  (II) SUCH AUTHORIZED INDIVIDUAL IS TO BE PROVIDED WITH  SUCH  INMATE'S
PROTECTED  HEALTH INFORMATION AS GOVERNED BY THE HEALTH INSURANCE PORTA-
BILITY AND ACCOUNTABILITY ACT OF 1996,  ALSO  KNOWN  AS  HIPAA,  42  USC
1320D,  45  CFR 160-164, AND SECTIONS SEVENTEEN AND TWENTY-SEVEN HUNDRED

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

                                                           LBD11058-02-5

A. 7501--A                          2

EIGHTY-TWO OF THE PUBLIC HEALTH LAW. ANY PHYSICIAN,  HEALTHCARE  PROFES-
SIONAL,  DENTIST, HEALTH PLAN, HOSPITAL, CLINIC, LABORATORY, PHARMACY OR
OTHER HEALTH CARE PROVIDER IS HEREBY AUTHORIZED TO  GIVE,  DISCLOSE  AND
RELEASE TO THE APPOINTED NEXT OF KIN OR OTHER REPRESENTATIVE ALL OF SUCH
INMATE'S HEALTH INFORMATION NOT OTHERWISE RESTRICTED BY LAW.
  (III)  WHERE  AN  INMATE  IS  UNDER  THE  CARE OF THE OFFICE OF MENTAL
HYGIENE, AN AUTHORIZATION FOR RELEASE OF INFORMATION PURSUANT TO SECTION
33.13 OF THE MENTAL HYGIENE LAW SHALL PROVIDE AN  AUTHORIZED  INDIVIDUAL
WHO  HAS  A NEED FOR SUCH INFORMATION AND WHO HAS OBTAINED SUCH CONSENT,
DISCLOSURE OF INFORMATION RELATING TO THE  CARE  AND  TREATMENT  OF  THE
PATIENT.
  (C)  THE  COMMISSIONER SHALL CONSULT WITH, AND BE ENTITLED TO RECEIVE,
THE ASSISTANCE OF THE COMMISSIONER OF MENTAL HYGIENE AND  THE  EXECUTIVE
DIRECTOR OF THE JUSTICE CENTER FOR THE PROTECTION OF PEOPLE WITH SPECIAL
NEEDS IN THE IMPLEMENTATION OF THIS SUBDIVISION.
  S 2. This act shall take effect on the one hundred twentieth day after
it  shall  have become a law; provided, effective immediately, the addi-
tion, amendment and/or repeal of any rules or regulations necessary  for
the implementation of the foregoing section of this act on its effective
date is authorized to be made on or before such effective date.