Assembly Bill A8337B

Signed By Governor
2019-2020 Legislative Session

Relates to allowing for medical and psychiatric records of deceased inmates to be accessed by the board of correction of the city of New York

download bill text pdf

Sponsored By

Archive: Last Bill Status - Signed by Governor

  • 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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Bill Amendments

2019-A8337 - Details

See Senate Version of this Bill:
S6437
Law Section:
Mental Hygiene Law
Laws Affected:
Amd §33.13, Ment Hyg L; amd §§2782 & 2786, Pub Health L

2019-A8337 - Summary

Allows for medical and psychiatric records of deceased inmates to be accessed by the board of correction of the city of New York under certain circumstances.

2019-A8337 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8337
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 14, 2019
                                ___________
 
 Introduced by M. of A. WALKER -- read once and referred to the Committee
   on Codes
 
 AN  ACT  to  amend the New York city charter, the mental hygiene law and
   the public health law, in relation to access to medical and  psychiat-
   ric records of deceased inmates by the board of correction of the city
   of New York

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph 2 of subdivision c of section 626 of the New York
 city charter, as amended by vote of the people of the city of  New  York
 at  the general election held in November of 1975, is amended to read as
 follows:
   2. (A) The inspection of all books, records, documents, and papers  of
 the department;
   (B)  THE  INSPECTION  OF  MEDICAL OR PSYCHIATRIC RECORDS OF ANY HEALTH
 CARE PROVIDER THAT TREATED AN INMATE WHEN THE BOARD HAS  REQUESTED  SUCH
 INFORMATION  WITH  RESPECT  TO  THE  DEATH  OF SUCH PERSON, PROVIDED (I)
 RECORDS FROM A FEDERALLY ASSISTED ALCOHOL OR DRUG ABUSE PROGRAM  MAY  BE
 DISCLOSED  ONLY  TO THE EXTENT PERMITTED BY APPLICABLE FEDERAL LAW; (II)
 WITH RESPECT TO RECORDS SUBJECT TO SECTION 33.13 OF THE  MENTAL  HYGIENE
 LAW, ANY LIMITATION ON THE RELEASE THEREOF IMPOSED BY LAW UPON THE PARTY
 FURNISHING  THE  INFORMATION,  BOOKS, RECORDS OR DATA SHALL APPLY TO THE
 BOARD; AND (III) ANY CONFIDENTIAL HIV-RELATED INFORMATION SHALL ONLY  BE
 MADE  AVAILABLE  TO AND RECEIVED AND RETAINED BY THE BOARD TO THE EXTENT
 RELEVANT AND NECESSARY TO ACCOMPLISH THE MANDATES OF THE BOARD, AND IN A
 MANNER CONSISTENT WITH REGULATIONS ISSUED BY  THE  STATE  COMMISSION  ON
 CORRECTION  TO  GOVERN  THE  RECEIPT, USE, RETENTION AND REDISCLOSURE OF
 SUCH INFORMATION BY THE STATE COMMISSION, AND THE BOARD SHALL PROMULGATE
 REGULATIONS ESTABLISHING CRITERIA FOR DETERMINING  WHICH  EMPLOYEES  AND
 AGENTS  MAY, IN THE ORDINARY COURSE OF BUSINESS OF THE BOARD, BE AUTHOR-
 IZED TO ACCESS CONFIDENTIAL HIV RELATED INFORMATION; and
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

co-Sponsors

2019-A8337A - Details

See Senate Version of this Bill:
S6437
Law Section:
Mental Hygiene Law
Laws Affected:
Amd §33.13, Ment Hyg L; amd §§2782 & 2786, Pub Health L

2019-A8337A - Summary

Allows for medical and psychiatric records of deceased inmates to be accessed by the board of correction of the city of New York under certain circumstances.

2019-A8337A - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8337--A
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 14, 2019
                                ___________
 
 Introduced by M. of A. WALKER -- read once 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 New York city charter, the mental  hygiene  law  and
   the public health law in relation to access to medical and psychiatric
   records  of deceased inmates by the board of correction of the city of
   New York
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph 2 of subdivision c of section 626 of the New York
 city charter, as amended by a vote of the people of the city of New York
 at  the general election held in November of 1975, is amended to read as
 follows:
   2. (I) The inspection of all books, records, documents, and papers  of
 the department; AND
   (II)  THE  INSPECTION  OF MEDICAL OR PSYCHIATRIC RECORDS OF ANY HEALTH
 CARE PROVIDER THAT TREATED AN INMATE WHEN THE BOARD HAS  REQUESTED  SUCH
 INFORMATION WITH RESPECT TO THE DEATH OF SUCH PERSON, PROVIDED:
   (A)  RECORDS  FROM  A FEDERALLY ASSISTED ALCOHOL OR DRUG ABUSE PROGRAM
 MAY BE DISCLOSED ONLY TO THE EXTENT PERMITTED BY APPLICABLE FEDERAL LAW;
   (B) WITH RESPECT TO RECORDS SUBJECT TO SECTION  33.13  OF  THE  MENTAL
 HYGIENE  LAW,  ANY LIMITATION ON THE RELEASE THEREOF IMPOSED BY LAW UPON
 THE PARTY FURNISHING THE INFORMATION, BOOKS, RECORDS OR DATA SHALL APPLY
 TO THE BOARD; AND
   (C) ANY CONFIDENTIAL HIV-RELATED INFORMATION SHALL ONLY BE MADE AVAIL-
 ABLE TO AND RECEIVED AND RETAINED BY THE BOARD TO  THE  EXTENT  RELEVANT
 AND NECESSARY TO ACCOMPLISH THE MANDATES OF THE BOARD, AND SHALL BE MADE
 AVAILABLE  IN  A  MANNER CONSISTENT WITH REGULATIONS ISSUED BY THE STATE
 COMMISSION ON CORRECTION TO  GOVERN  THE  RECEIPT,  USE,  RETENTION  AND
 REDISCLOSURE  OF  SUCH  INFORMATION  BY  THE STATE COMMISSION. THE BOARD
 SHALL PROMULGATE REGULATIONS ESTABLISHING CRITERIA FOR DETERMINING WHICH
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

co-Sponsors

2019-A8337B (ACTIVE) - Details

See Senate Version of this Bill:
S6437
Law Section:
Mental Hygiene Law
Laws Affected:
Amd §33.13, Ment Hyg L; amd §§2782 & 2786, Pub Health L

2019-A8337B (ACTIVE) - Summary

Allows for medical and psychiatric records of deceased inmates to be accessed by the board of correction of the city of New York under certain circumstances.

2019-A8337B (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8337--B
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 14, 2019
                                ___________
 
 Introduced  by  M. of A. WALKER, WEPRIN -- read once and referred to the
   Committee on Codes --  committee  discharged,  bill  amended,  ordered
   reprinted  as amended and recommitted to said committee -- recommitted
   to the Committee on Codes in accordance with Assembly Rule 3,  sec.  2
   --  committee  discharged,  bill amended, ordered reprinted as amended
   and recommitted to said committee
 
 AN ACT to amend the mental hygiene law and the  public  health  law,  in
   relation  to  access  to  medical  and psychiatric records of deceased
   inmates by the board of correction of the city of New York
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraph  5  of  subdivision (c) of section 33.13 of the
 mental hygiene law, as amended by chapter 912 of the laws  of  1984,  is
 amended to read as follows:
   5.  to  the medical review board of the state commission of correction
 OR THE BOARD OF CORRECTION OF THE CITY OF NEW YORK when such  board  has
 requested  such information with respect to the death of a named person,
 or, with the consent  of  a  patient  or  client  when  such  board  has
 requested  information  about  the patient or client providing that such
 board requires such information in the exercise of its  statutory  func-
 tions,  powers and duties. Information, books, records or data which are
 confidential as provided by law shall be kept confidential by the  STATE
 commission  OR  THE  BOARD OF CORRECTION OF THE CITY OF NEW YORK and any
 limitation on the release thereof imposed by law upon the party furnish-
 ing the information, books, records or data shall apply to  the  medical
 review  board OF THE STATE COMMISSION AND THE BOARD OF CORRECTION OF THE
 CITY OF NEW YORK.
   § 2. Paragraphs (n) and (o) of subdivision 1 of section  2782  of  the
 public  health  law,  as  added  by chapter 584 of the laws of 1988, are
 amended to read as follows:

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13359-04-0

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