assembly Bill A10162

2017-2018 Legislative Session

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

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 27, 2018 reported referred to codes
Mar 21, 2018 referred to mental health

Co-Sponsors

A10162 (ACTIVE) - Details

See Senate Version of this Bill:
S690
Current Committee:
Assembly Codes
Law Section:
Mental Hygiene Law
Laws Affected:
Amd §§7.09 & 33.13, Ment Hyg L
Versions Introduced in Other Legislative Sessions:
2015-2016: S4973
2019-2020: A2278, S4272
2021-2022: A3633, S3409

A10162 (ACTIVE) - Summary

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

A10162 (ACTIVE) - Bill Text download pdf


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

                                  10162

                          I N  A S S E M B L Y

                             March 21, 2018
                               ___________

Introduced by M. of A. GUNTHER, O'DONNELL, SANTABARBARA -- read once and
  referred to the Committee on Mental Health

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 (l) to read as follows:
  (L) NOTWITHSTANDING THE PROVISIONS OF SECTIONS 33.13 AND 33.16 OF THIS
CHAPTER, THE COMMISSIONER SHALL  PROMULGATE  REGULATIONS  IN  ACCORDANCE
WITH  THE FEDERAL HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF
1996, AND ANY REGULATIONS PROMULGATED THEREUNDER, GOVERNING THE  RELEASE
OF  CERTAIN RECORDS PERTAINING TO A DECEASED INDIVIDUAL WHO RESIDED IN A
FACILITY OPERATED OR CERTIFIED BY  THE  OFFICE.  THE  REGULATIONS  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.
  §  2.  Subdivision  (c)  of section 33.13 of the mental hygiene law is
amended by adding a new paragraph 18 to read as follows:
  18. 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
SHALL  PROMULGATE  REGULATIONS  TO  DEFINE FAMILY MEMBER FOR PURPOSES OF
THIS SECTION.
  § 3. This act shall take effect immediately; provided that section one
of this act shall take effect on the one hundred eightieth day after  it