NY State Senate Bill S6622

Archive: Last Bill Status Via A9117 - Signed by Governor

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed by Governor

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Actions

view actions (12)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Nov 28, 2016	signed chap.453
Nov 16, 2016	delivered to governor
Jun 06, 2016	returned to assembly passed senate 3rd reading cal.1177 substituted for s6622
Jun 06, 2016	substituted by a9117
Jun 01, 2016	advanced to third reading
May 25, 2016	2nd report cal.
May 24, 2016	1st report cal.1177
Feb 24, 2016	reported and committed to finance
Feb 01, 2016	referred to mental health and developmental disabilities

Votes

view votes

Jun 6, 2016 - floor Vote

A9117

floor

Aye

Nay

Absent

Excused

Abstained

May 24, 2016 - Finance committee Vote

S6622

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Feb 24, 2016 - Mental Health committee Vote

S6622

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

S6622 (ACTIVE) - Details

See Assembly Version of this Bill:: A9117
Law Section:: Mental Hygiene Law
Laws Affected:: Amd §33.13, Ment Hyg L

S6622 (ACTIVE) - Summary

Relates to prohibiting fees to be charged to agencies for copies of certain clinical records.

S6622 (ACTIVE) - Sponsor Memo

 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.

S6622 (ACTIVE) - Bill Text download pdf

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

                                  6622

                            I N  S E N A T E

                            February 1, 2016
                               ___________

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 prohibiting  fees
  to be charged to agencies for copies of certain clinical records

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

  Section 1. Paragraph 17 of subdivision (c) of  section  33.13  of  the
mental  hygiene  law,  as  added  by chapter 247 of the laws of 2015, is
amended to read as follows:
  17. to the agency designated by the governor pursuant  to  subdivision
(b)  of section 558 of the executive law to provide protection and advo-
cacy services and administer  the  protection  and  advocacy  system  as
provided  for  by  federal law. SUCH AGENCY SHALL NOT BE CHARGED ANY FEE
FOR COPIES OF RECORDS OBTAINED FROM A FACILITY UNDER THIS ARTICLE.
  S 2. This act shall take effect immediately.







 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13858-01-6

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The New York State Senate

senate Bill S6622

Sponsored By

Archive: Last Bill Status Via A9117 - Signed by Governor

Your Voice

Actions

Votes

Jun 6, 2016 - floor Vote

Floor Vote: Jun 6, 2016

May 24, 2016 - Finance committee Vote

Finance Committee Vote: May 24, 2016

Feb 24, 2016 - Mental Health committee Vote

Mental Health Committee Vote: Feb 24, 2016

S6622 (ACTIVE) - Details

S6622 (ACTIVE) - Summary

S6622 (ACTIVE) - Sponsor Memo

S6622 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S6622

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Sponsored By

Robert G. Ortt

Archive: Last Bill Status Via A9117 - Signed by Governor

Your Voice

Actions

Votes

Jun 6, 2016 - floor Vote

Floor Vote: Jun 6, 2016

May 24, 2016 - Finance committee Vote

Finance Committee Vote: May 24, 2016

Feb 24, 2016 - Mental Health committee Vote

Mental Health Committee Vote: Feb 24, 2016

S6622 (ACTIVE) - Details

S6622 (ACTIVE) - Summary

S6622 (ACTIVE) - Sponsor Memo

S6622 (ACTIVE) - Bill Text download pdf

Comments