Senate Bill S4973A

2015-2016 Legislative Session

Relates to the release of patient records by the office of mental health

download bill text pdf

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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-S4973 - Details

Current Committee:
Assembly Mental Health
Law Section:
Mental Hygiene Law
Laws Affected:
Amd §§7.09 & 33.13, Ment Hyg L
Versions Introduced in Other Legislative Sessions:
2017-2018: S690
2019-2020: S4272
2021-2022: S3409

2015-S4973 - Summary

Directs the commissioner to promulgate regulations for the release of patient records by the office of mental health.

2015-S4973 - Sponsor Memo

2015-S4973 - Bill Text download pdf 

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

                                  4973

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             April 27, 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 mental health
  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. Section 7.09 of the mental hygiene law is amended by adding
a new subdivision (k) to read as follows:
  (K) NOTWITHSTANDING THE PROVISIONS OF SECTIONS 33.13 AND 33.16 OF THIS
CHAPTER,  THE  COMMISSIONER  SHALL  PROMULGATE REGULATIONS GOVERNING 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.  SUCH  RECORDS MAY BE
PROVIDED TO FAMILY MEMBERS UPON WRITTEN REQUEST. THE COMMISSIONER  SHALL
NOT  AUTHORIZE THE RELEASE OF SUCH RECORDS WHERE THE DECEASED INDIVIDUAL
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. 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 MAY OBJECT TO SUCH RELEASE.
  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.
                                                           LBD10581-01-5

2015-S4973A (ACTIVE) - Details

Current Committee:
Assembly Mental Health
Law Section:
Mental Hygiene Law
Laws Affected:
Amd §§7.09 & 33.13, Ment Hyg L
Versions Introduced in Other Legislative Sessions:
2017-2018: S690
2019-2020: S4272
2021-2022: S3409

2015-S4973A (ACTIVE) - Summary

Directs the commissioner to promulgate regulations for the release of patient records by the office of mental health.

2015-S4973A (ACTIVE) - Sponsor Memo

2015-S4973A (ACTIVE) - Bill Text download pdf 

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

                                 4973--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             April 27, 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  mental  health
  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. Section 7.09 of the mental hygiene law is amended by adding
a new subdivision (k) to read as follows:
  (K) NOTWITHSTANDING THE PROVISIONS OF SECTIONS 33.13 AND 33.16 OF THIS
CHAPTER, THE COMMISSIONER SHALL  PROMULGATE  REGULATIONS  GOVERNING  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.  SUCH  RECORDS  MAY  BE
PROVIDED  TO FAMILY MEMBERS UPON WRITTEN REQUEST. THE COMMISSIONER SHALL
NOT AUTHORIZE THE RELEASE OF SUCH RECORDS WHERE THE DECEASED  INDIVIDUAL
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. 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 MAY OBJECT TO SUCH RELEASE.
  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.
                                                           LBD10581-02-6

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