Senate Bill S6892

Vetoed By Governor
2015-2016 Legislative Session

Relates to medical authorization forms to disclose private medical information for people in the custody of the department of corrections and community supervision

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Sponsored By

Archive: Last Bill Status Via A9406 - Vetoed by Governor


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

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2015-S6892 (ACTIVE) - Details

See Assembly Version of this Bill:
A9406
Law Section:
Correction Law
Laws Affected:
Amd ยง71, Cor L

2015-S6892 (ACTIVE) - Summary

Relates to medical authorization forms to disclose private medical information for people in the custody of the department of corrections and community supervision to any next of kin or other representative; provides such authorization shall remain in force until inmate is transferred, dies or revokes such authorization in writing.

2015-S6892 (ACTIVE) - Sponsor Memo

2015-S6892 (ACTIVE) - Bill Text download pdf

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

                                  6892

                            I N  S E N A T E

                              March 3, 2016
                               ___________

Introduced  by  Sen.  RIVERA -- read twice and ordered printed, and when
  printed to be committed to the Committee on Crime Victims,  Crime  and
  Correction

AN ACT to amend the correction law, in relation to medical authorization
  forms to disclose private medical information for people in the custo-
  dy of the department of corrections and community supervision

  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 AND 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  AUTHORIZATION  MAY BE REVISED OR REVOKED UPON REQUEST BY
THE INMATE.
  (B) (I) THE COMMISSIONER SHALL PROVIDE A COPY OF SUCH  FULLY  EXECUTED
AUTHORIZATION  TO  THE  INMATE AND A FULLY EXECUTED ORIGINAL FORM TO THE
PERSON AUTHORIZED AT SUCH ADDRESS AS THE INMATE MAY PROVIDE.
  (II) THE COMMISSIONER SHALL KEEP A FULLY EXECUTIVE  ORIGINAL  OF  SUCH
AUTHORIZATION FORM IN THE INMATE'S PERSONAL MEDICAL RECORD.
  (III) SUCH NEXT OF KIN OR OTHER REPRESENTATIVE AUTHORIZED ACCESS IS TO
BE  PROVIDED WITH SUCH INMATE'S PROTECTED HEALTH INFORMATION AS GOVERNED
BY THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996, ALSO
KNOWN AS HIPAA, 42 USC 1320D, 45 CFR 160-164, AND SECTIONS SEVENTEEN AND
TWENTY-SEVEN HUNDRED EIGHTY-TWO OF THE PUBLIC HEALTH LAW. ANY PHYSICIAN,
HEALTH CARE PROFESSIONAL, DENTIST, HEALTH PLAN, HOSPITAL, CLINIC,  LABO-
RATORY,  PHARMACY  OR OTHER HEALTH CARE PROVIDER IS HEREBY AUTHORIZED TO
GIVE, DISCLOSE AND RELEASE TO THE APPOINTED NEXT OF KIN OR OTHER  REPRE-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13877-01-6
              

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