Assembly Bill A3165

2019-2020 Legislative Session

Authorizes the release of certain records pertaining to deceased residents of OPWDD operated or certified facilities to family members

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee

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

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2019-A3165 (ACTIVE) - Details

Current Committee:
Assembly Mental Health
Law Section:
Mental Hygiene Law
Laws Affected:
Amd §13.09, Ment Hyg L
Versions Introduced in Other Legislative Sessions:
2011-2012: A8471
2013-2014: A5924
2015-2016: A1090
2017-2018: A2410

2019-A3165 (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.

2019-A3165 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3165
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 28, 2019
                                ___________
 
 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  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.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02272-01-9

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