BILL NUMBER:  S6622

 TITLE OF BILL :  An act to amend the mental hygiene law, in relation
to prohibiting fees to be charged to agencies for copies of certain
clinical records

 PURPOSE :

To provide access free of charge to clinical mental health records to
the agency providing protection and advocacy services to disabled New
Yorkers pursuant to federal law, consistent with Executive Law 558(b).

 SUMMARY OF PROVISIONS :

Section 1 amends § 33.13 (c) (17) of the mental hygiene law. Section 2
provides for an effective date.

 JUSTIFICATION :

On June 30, 2013, the Justice Center for the Protection of People with
Special Needs was created and assumed many of the oversight
responsibilities of the former Commission on Quality of Care and
Advocacy for Persons With Disabilities (CQCAPD). Under federal
mandate, on June 1, 2013, the Governor re-designated the federally
authorized and funded protection and advocacy (P&A) system and client
assistance program (CAP) as an independent agency providing federal
              

oversight of the state's system of care for individuals with
disabilities. Prior to June 1, 2013, the CQCAPD contracted with
various regional non-profit agencies which provided protection and
advocacy services for people with disabilities pursuant to federal
law.

At the time the legislation authorizing the creation of the Justice
Center and the carve-out of the independent federal oversight agency
was enacted, the legislature failed to amend Mental Hygiene Law §
33.13 (c) (4) to provide for access to records from the Office of
Mental Health and the Office for People with Developmental
Disabilities to the Justice Center or to the independent federal
oversight agency. Prior to the 2013 legislation, both the CQCAPD and
the non-profit agencies providing protection and advocacy services
were entitled to records under statue. In 2015, the law was amended to
add new sections of MHL 33.13 allowing for access.

Prior to June 2013, the P&A agencies received records without charge.
OMH began to charge fees for records once the P&A system was no longer
under direct supervision of the state. The intention of the 2015
amendment was to take the P&A agency appointed by the governor out of
the pool of organizations and individuals to whom OMH is permitted to
charge fees. In spite of the change in the law, OMH is still charging
the P&A agency fees for records.

This bill clarifies that fees should not be charged for records
provided to the for the now-independent federal P&A and CAP system.
These federal systems, in carrying out their mandated oversight and
advocacy functions, are distinct from "qualified persons" for whom
copying fees may be imposed pursuant to MHL section 33.16.

 LEGISLATIVE HISTORY :

This is a new bill.

 FISCAL IMPLICATIONS :

Minimal.

 EFFECTIVE DATE :
This act shall take effect immediately.