The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1941
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 13, 2021
                                ___________
 
 Introduced by M. of A. WALKER -- read once and referred to the Committee
   on Codes
 
 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 a chapter of the laws of 2020 amending
 the  mental  hygiene law and the public health law relating to access to
 medical and psychiatric records of deceased  inmates  by  the  board  of
 correction  of  the  city  of New York, as proposed in legislative bills
 numbers S. 6437-A and A. 8337-B, 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.  Subdivision  (c)  of section 33.13 of the mental hygiene law is
 amended by adding a new paragraph 18 to read as follows:
   18. TO 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD07118-01-1

 A. 1941                             2
 
 REQUESTED INFORMATION ABOUT THE PATIENT OR CLIENT  PROVIDING  THAT  SUCH
 BOARD REQUIRES SUCH INFORMATION IN THE EXERCISE OF ITS FUNCTIONS, POWERS
 AND  DUTIES.  INFORMATION, BOOKS, RECORDS OR DATA WHICH ARE CONFIDENTIAL
 AS PROVIDED BY LAW SHALL BE KEPT CONFIDENTIAL BY THE BOARD OF CORRECTION
 OF  THE  CITY  OF  NEW  YORK  AND  ANY LIMITATION ON THE RELEASE THEREOF
 IMPOSED BY LAW UPON THE PARTY FURNISHING THE INFORMATION, BOOKS, RECORDS
 OR DATA SHALL APPLY TO THE BOARD OF CORRECTION OF THE CITY OF NEW YORK.
   § 3. Paragraph (o) of subdivision 1 of  section  2782  of  the  public
 health  law,  as  amended  by a chapter of the laws of 2020 amending the
 mental hygiene law and the public  health  law  relating  to  access  to
 medical  and  psychiatric  records  of  deceased inmates by the board of
 correction of the city of New York, as  proposed  in  legislative  bills
 numbers S. 6437-A and A. 8337-B, are amended to read as follows:
   (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;
   § 4. Subdivision 1 of section 2782 of the public health law is amended
 by adding a new paragraph (s) to read as follows:
   (S) AN EMPLOYEE OR AGENT OF 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 INFOR-
 MATION  IN  ORDER  TO CARRY OUT THE BOARD'S FUNCTIONS, POWERS AND DUTIES
 WITH RESPECT TO THE PROTECTED INDIVIDUAL, PURSUANT TO THE CHARTER OF THE
 CITY OF NEW YORK.
   § 5. This act shall take effect on the  same  date  and  in  the  same
 manner  as a chapter of the laws of 2020 amending the mental hygiene law
 and the public health law relating to access to medical and  psychiatric
 records  of  deceased  inmates by the board of correction of the city of
 New York, as proposed in legislative bills  numbers  S.  6437-A  and  A.
 8337-B takes effect.