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Assembly Bill A2410B

2017-2018 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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Bill Amendments

2017-A2410 - Details

See Senate Version of this Bill:
S685
Current Committee:
Assembly Codes
Law Section:
Mental Hygiene Law
Laws Affected:
Amd §13.09, Ment Hyg L
Versions Introduced in Other Legislative Sessions:
2009-2010: S3485
2011-2012: A8471, S3168
2013-2014: A5924, S5224
2015-2016: A1090, S3636
2019-2020: A3165

2017-A2410 - 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.

2017-A2410 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2410
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 20, 2017
                                ___________
 
 Introduced  by M. of A. ORTIZ -- 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 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 (i) 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.
   § 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04521-01-7

2017-A2410A - Details

See Senate Version of this Bill:
S685
Current Committee:
Assembly Codes
Law Section:
Mental Hygiene Law
Laws Affected:
Amd §13.09, Ment Hyg L
Versions Introduced in Other Legislative Sessions:
2009-2010: S3485
2011-2012: A8471, S3168
2013-2014: A5924, S5224
2015-2016: A1090, S3636
2019-2020: A3165

2017-A2410A - 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.

2017-A2410A - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2410--A
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 20, 2017
                                ___________
 
 Introduced  by M. of A. ORTIZ -- read once and referred to the Committee
   on Mental Health -- recommitted to the Committee on Mental  Health  in
   accordance  with Assembly Rule 3, sec. 2 -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee

 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 (i) 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 IN ACCORDANCE
 WITH THE FEDERAL HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT  OF
 1996,  AND  ANY REGULATIONS PROMULGATED THEREUNDER, TO COVER 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 TO FAMILY MEMBERS, UNLESS THE DECEASED  INDIVID-
 UAL,  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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04521-02-8

2017-A2410B (ACTIVE) - Details

See Senate Version of this Bill:
S685
Current Committee:
Assembly Codes
Law Section:
Mental Hygiene Law
Laws Affected:
Amd §13.09, Ment Hyg L
Versions Introduced in Other Legislative Sessions:
2009-2010: S3485
2011-2012: A8471, S3168
2013-2014: A5924, S5224
2015-2016: A1090, S3636
2019-2020: A3165

2017-A2410B (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.

2017-A2410B (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2410--B
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 20, 2017
                                ___________
 
 Introduced  by M. of A. ORTIZ -- read once and referred to the Committee
   on Mental Health -- recommitted to the Committee on Mental  Health  in
   accordance  with Assembly Rule 3, sec. 2 -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee  --  reported  and referred to the Committee on Codes -- 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 (i) 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  IN  ACCORDANCE
 WITH  THE FEDERAL HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF
 1996, AND ANY REGULATIONS PROMULGATED THEREUNDER, TO COVER  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 TO FAMILY MEMBERS, UNLESS THE DECEASED INDIVID-
 UAL, 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04521-05-8

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