Senate Bill S3636

2015-2016 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 - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

2015-S3636 - Details

See Assembly Version of this Bill:
A1090
Current Committee:
Assembly Mental Health
Law Section:
Mental Hygiene Law
Laws Affected:
Amd §§13.09 & 33.13, Ment Hyg L
Versions Introduced in Other Legislative Sessions:
2009-2010: S3485
2011-2012: S3168, A8471
2013-2014: S5224, A5924
2017-2018: S685, A2410
2019-2020: A3165

2015-S3636 - 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.

2015-S3636 - Sponsor Memo

2015-S3636 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3636

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 13, 2015
                               ___________

Introduced  by  Sen.  ORTT  --  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 17 to read as follows:
  17.    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.
                                                           LBD04385-01-5
              

2015-S3636A (ACTIVE) - Details

See Assembly Version of this Bill:
A1090
Current Committee:
Assembly Mental Health
Law Section:
Mental Hygiene Law
Laws Affected:
Amd §§13.09 & 33.13, Ment Hyg L
Versions Introduced in Other Legislative Sessions:
2009-2010: S3485
2011-2012: S3168, A8471
2013-2014: S5224, A5924
2017-2018: S685, A2410
2019-2020: A3165

2015-S3636A (ACTIVE) - 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.

2015-S3636A (ACTIVE) - Sponsor Memo

2015-S3636A (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3636--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 13, 2015
                               ___________

Introduced  by  Sen.  ORTT  --  read twice and ordered printed, and when
  printed to be committed to the Committee on Mental Health and Develop-
  mental Disabilities -- recommitted to the Committee on  Mental  Health
  and  Developmental Disabilities in accordance with Senate Rule 6, sec.
  8 -- committee discharged, bill amended, ordered reprinted as  amended
  and recommitted to said committee

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 18 to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04385-02-6
              

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