BILL NUMBER:  S5299

 TITLE OF BILL :  An act to amend the mental hygiene law, in relation
to the confidentiality of clinical records

 PURPOSE OF THE BILL

To enable the Medical Review Board of the State Commission of
Correction to obtain the clinical records of mental health patients
who are inmates in correctional facilities.

 SUMMARY OF PROVISIONS :

Section 1 of the bill would amend section 33.13(cX5) of the Mental
Hygiene Law to provide that the Medical Review Board of State
Commission of Correction may, in carrying out its statutory functions,
powers and duties, obtain the clinical records of mental health
patients who are inmates of a correctional facility.

Section 2 of the bill would make it effective immediately.

 JUSTIFICATION :

The Medical Review Board of the State Commission of Correction is
tasked with investigate all inmate deaths. It is also tasked with
evaluating the delivery of health and mental health care in all
              

correctional facilities, and thereafter making recommendations to
improve the delivery of such care.

Currently, section 33.13(c)(5) of the Mental Hygiene Law only allows
the Medical Review Board of the State Commission of Correction to
obtain an inmate's clinical mental health records while investigating
the inmate's death. However, the Board may only obtain a "living"
inmate's mental health records upon consent. This bill would eliminate
the consent requirement, as it is impossible to evaluate a delivery
system of mental health care without access to the clinical records,
and attempting to secure consent is often problematic, particularly in
the case of a mentally ill inmate. Notably, the Board would still be
required to keep all records confidential as required by law, and any
state restrictions on the release of such records apply equally to the
Board.

 PRIOR LEGISLATIVE HISTORY :

This is a new bill.

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
The bill would take effect immediately.