senate Bill S690A

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 - Passed Senate


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

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Actions

view actions (17)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Feb 27, 2018 referred to mental health
delivered to assembly
passed senate
Feb 12, 2018 amended on third reading 690a
Jan 23, 2018 advanced to third reading
Jan 22, 2018 2nd report cal.
Jan 17, 2018 1st report cal.171
Jan 03, 2018 referred to mental health and developmental disabilities
returned to senate
died in assembly
Mar 20, 2017 referred to mental health
delivered to assembly
passed senate
Mar 01, 2017 advanced to third reading
Feb 28, 2017 2nd report cal.
Feb 14, 2017 1st report cal.240
Jan 04, 2017 referred to mental health and developmental disabilities

Votes

view votes

Jan 17, 2018 - Mental Health committee Vote

S690
10
0
committee
10
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Committee Vote: Jan 17, 2018

aye wr (1)

Feb 14, 2017 - Mental Health committee Vote

S690
11
0
committee
11
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Committee Vote: Feb 14, 2017

S690 - Details

See Assembly Version of this Bill:
A10162
Current Committee:
Assembly Mental Health
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: S4272, A2278
2021-2022: S3409, A3633

S690 - Summary

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

S690 - Sponsor Memo

S690 - Bill Text download pdf


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

                                   690

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                             January 4, 2017
                               ___________

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  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 GOVERNING 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.  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

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

S690A (ACTIVE) - Details

See Assembly Version of this Bill:
A10162
Current Committee:
Assembly Mental Health
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: S4272, A2278
2021-2022: S3409, A3633

S690A (ACTIVE) - Summary

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

S690A (ACTIVE) - Sponsor Memo

S690A (ACTIVE) - Bill Text download pdf


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

                                 690--A
    Cal. No. 171

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                             January 4, 2017
                               ___________

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 -- recommitted to the Committee on  Mental  Health
  and  Developmental Disabilities in accordance with Senate Rule 6, sec.
  8 -- reported favorably from said  committee,  ordered  to  first  and
  second  report,  ordered  to  a  third  reading,  amended  and ordered
  reprinted, retaining its place in the order of third reading

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

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

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