S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6437--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               June 11, 2019
                                ___________
 
 Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when
   printed  to  be  committed to the Committee on Rules -- recommitted to
   the Committee on Cities in accordance with Senate Rule 6,  sec.  8  --
   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:
   (n) a medical director of a local correctional facility as defined  in
 section forty of the correction law, in accordance with paragraph (a) of
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD13321-02-0

 S. 6437--A                          2
 
 subdivision two of section twenty-seven hundred eighty-six of this arti-
 cle,  to the extent the medical director is authorized to access records
 containing such information in order to carry out his or her  functions,
 powers and duties with respect to the protected individual; [or]
   (o)  an employee or agent of the commission of correction OR THE BOARD
 OF CORRECTION OF THE CITY OF NEW YORK, in accordance with paragraph  (a)
 of  subdivision  two  of section twenty-seven hundred eighty-six of this
 article, to the extent the employee or agent  is  authorized  to  access
 records  containing  such  information in order to carry out the commis-
 sion's functions, powers and duties with respect to the protected  indi-
 vidual, pursuant to article three of the correction law[.];
   §  3.  Paragraph  (a)  of  subdivision 2 of section 2786 of the public
 health law, as added by chapter 584 of the laws of 1988, is  amended  to
 read as follows:
   (a)  Each  state  agency authorized pursuant to this article to obtain
 confidential HIV related information AND THE BOARD OF CORRECTION OF  THE
 CITY  OF  NEW YORK shall, in consultation with the department of health,
 promulgate regulations: (1) to provide safequards to  prevent  discrimi-
 nation,  abuse  or other adverse actions directed toward protected indi-
 viduals; (2) to prohibit the disclosure of such  information  except  in
 accordance  with  this  article;  (3)  to seek to protect individuals in
 contact with the  protected  individual  when  such  contact  creates  a
 significant  risk  of  contracting or transmitting HIV infection through
 the exchange of body fluids, and (4) to establish criteria for determin-
 ing when it is reasonably necessary for a provider of a health or social
 service or the state agency or a local government agency to have  or  to
 use  confidential  HIV  related information for supervision, monitoring,
 investigation, or administration and for determining which employees and
 agents may, in the ordinary course of business of the agency or  provid-
 er,  be authorized to access confidential HIV related information pursu-
 ant to the provisions of paragraphs (l) and (m) of subdivision  one  and
 subdivision six of section twenty-seven hundred eighty-two of this arti-
 cle;  and provided further that such regulations shall be promulgated by
 the chairperson of the commission of correction where disclosure is made
 pursuant to paragraphs (n) and (o) of subdivision one of  section  twen-
 ty-seven hundred eighty-two of this article.
   § 4. This act shall take effect immediately.