NY State Senate Bill 2019-S1288

Senate Bill S1288

2019-2020 Legislative Session

Relates to notice to certain persons of a patient previously treated in a chemical dependence program or facility

download bill text pdf

Archive: Last Bill Status - Stricken

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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 18, 2019	recommit, enacting clause stricken
Jan 14, 2019	referred to alcoholism and substance abuse

2019-S1288 (ACTIVE) - Details

Law Section:: Mental Hygiene Law
Laws Affected:: Add §22.09-a, Ment Hyg L

2019-S1288 (ACTIVE) - Summary

Provides for notice to persons authorized to receive medical information when a patient previously treated in a chemical dependence program or facility exhibits signs of possible drug use.

2019-S1288 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S1288

SPONSOR: ORTT
 
TITLE OF BILL:

An act to amend the mental hygiene law, in relation to notice to certain
persons of a patient previously treated in a chemical dependence program
or facility

 
PURPOSE:

This bill would require medical providers to alert certain individuals
who have a patient's consent to access medical information when that
patient demonstrates warning signs of relapse.

 
SUMMARY OF PROVISIONS:

Section 1 titles the bill "Stephen's Law."

Section 2 requires that when a medical provider who notices a patient
with a history of drug abuse has relapsed, missed appointments, or shown

other behavior that could be life threatening, that medical provider
must inform of the occurrence parties who have been given consent to
access medical information. Section 2 also specifies that a patient may
not revoke consent of release of information after a provider has
observed a warning sign. Lastly, the section requires that a provider is
not required to contact more than three parties.

Section 3 directs OASAS to update its TRS-2 consent form to include
contact information.

Section 4 sets the effective date.

 
JUSTIFICATION:

On the morning of August 24th, 2018, the mother of Stephen Canastraro
Jr. went to wake him, only to find him cold and unresponsive. Stephen
died due to large gaps in our treatment system. Through this painful
journey, Stephen and his family learned how difficult it is to navigate
health care and support for Substance Abuse Disorder and Mental Health.
Stephen wanted desperately to get better but could not do this on his
own.

In the days prior to his death, Stephen demonstrated to the provider
some warning signs of relapse, such as missed appointments and drug use.
Today's drugs kill faster than cancer, and as fast as a massive heart
attack. Every minute counts battling this disease.

On August 22nd, the provider was aware of Stephen failing a urine test,
and let Stephen return home.

Stephen signed a New York State release form that granted access to
medical information to his mother and to Save the Michaels of the World,
a non-profit organization that provides support to those struggling with
addiction. However, neither Stephen's mother nor Save the Michaels were
notified of his missed appointments or positive drug screens.

One phone call on August 22nd -- two days before Stephen died -- could
have saved Stephen's life.
This bill, named in Stephen's memory, simply directs medical providers
to make a quick call to a patient's loved ones - individuals who already
have the patient's consent to access their medical information - and
inform them of observations that could be warning signs of relapse and
save a life.

 
LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
180 days after becoming law.

2019-S1288 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1288
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 14, 2019
                                ___________
 
 Introduced  by  Sen.  ORTT  --  read twice and ordered printed, and when
   printed to be committed to the Committee on Alcoholism  and  Substance
   Abuse
 
 AN ACT to amend the mental hygiene law, in relation to notice to certain
   persons  of  a  patient  previously  treated  in a chemical dependence
   program or facility

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  This  act  shall  be known and may be cited as "Stephen's
 law".
   § 2. The mental hygiene law is amended by adding a new section 22.09-a
 to read as follows:
 § 22.09-A NOTICE TO CERTAIN PERSONS OF PATIENTS PREVIOUSLY TREATED.
   (A) WHEN A PATIENT WHO HAS  PREVIOUSLY  BEEN  TREATED  IN  A  CHEMICAL
 DEPENDENCE  PROGRAM,  SERVICE  OR  TREATMENT  FACILITY DOES NOT ATTEND A
 SCHEDULED APPOINTMENT; TESTS POSITIVE FOR ANY CONTROLLED  SUBSTANCE;  OR
 DEMONSTRATES  BEHAVIOR  OR  CONDITIONS  WHICH MAY CAUSE LIFE-THREATENING
 HARM TO SUCH PATIENT, A HEALTH CARE PROVIDER TREATING OR OBSERVING  SUCH
 PATIENT  SHALL  NOTIFY  ALL  PARTIES  TO WHOM THE PATIENT HAS AUTHORIZED
 CONSENT FOR THE RELEASE OF MEDICAL INFORMATION.
   (B) THE HEALTH CARE PROVIDER SHALL ONLY BE  REQUIRED  TO  USE  CONTACT
 INFORMATION AS SPECIFIED ON THE FORM AUTHORIZING CONSENT FOR THE RELEASE
 OF  MEDICAL INFORMATION. A PARTY WHICH DOES NOT LIST CONTACT INFORMATION
 ON SUCH FORM WAIVES ITS RIGHT TO RECEIVE  NOTICE  OF  OCCURRENCES  UNDER
 THIS SECTION.
   (C)  THE  OFFICE  SHALL  NOTIFY  A  PARTY WHO IS AUTHORIZED TO RECEIVE
 MEDICAL INFORMATION OF THE IMPENDING EXPIRATION OF SUCH AUTHORIZATION NO
 LESS THAN SEVEN CALENDAR DAYS BEFORE THE EXPIRATION DATE.
   (D) UPON THE OCCURRENCE OF ANY CIRCUMSTANCE UNDER SUBDIVISION  (A)  OF
 THIS  SECTION,  A  PATIENT  MAY  NOT  REVOKE  HIS OR HER CONSENT FOR THE
 RELEASE OF INFORMATION TO ANY PARTY. THE CONSENT SHALL REMAIN IN  EFFECT
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD05434-02-9

 S. 1288                             2
 
 UNTIL  IT EXPIRES PURSUANT TO THE TERMS ORIGINALLY SPECIFIED AT THE TIME
 THE CONSENT WAS SIGNED OR SUBSEQUENTLY UPDATED.
   (E)  A HEALTH CARE PROVIDER SHALL NOT BE REQUIRED TO CONTACT MORE THAN
 THREE PARTIES FOR ANY SINGLE OCCURRENCE.
   § 3. The office of  alcoholism  and  substance  abuse  services  shall
 update  the  TRS-2  form  (Consent for Release of Information Concerning
 Alcoholism/Drug Abuse Patient) to include a space in which  a  signatory
 may  add immediate contact information for persons who are authorized to
 receive medical information, including but not limited to a phone number
 and/or an email address. The updated form shall  be  published  no  more
 than ninety days after the effective date of this act.
   § 4. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.

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