S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3409
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 29, 2021
                                ___________
 
 Introduced  by  Sen.  BROUK  -- read twice and ordered printed, and when
   printed to be committed 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 mental health
   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. Section 7.09 of the mental hygiene law is amended by adding
 a new subdivision (m) to read as follows:
   (M) 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, GOVERNING 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. SUCH RECORDS MAY BE PROVIDED TO FAMILY MEMBERS
 UPON WRITTEN REQUEST. THE COMMISSIONER SHALL NOT AUTHORIZE  THE  RELEASE
 OF SUCH RECORDS WHERE THE DECEASED INDIVIDUAL 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 WITHDRAWN.  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 MAY
 OBJECT TO SUCH RELEASE.
   § 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.  UPON  WRITTEN  REQUEST  BY THE PHYSICIAN OF A FAMILY MEMBER OF AN
 INDIVIDUAL, WHO HAS A DEMONSTRABLE MEDICAL NEED FOR SUCH INFORMATION  AS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02511-01-1

 S. 3409                             2
 
 IT  IS RELEVANT TO THE FAMILY MEMBER'S OWN HEALTH CARE. THE COMMISSIONER
 SHALL PROMULGATE REGULATIONS TO DEFINE FAMILY  MEMBER  FOR  PURPOSES  OF
 THIS SECTION.
   § 3. This act shall take effect immediately; provided that section one
 of  this act shall take effect on the one hundred eightieth day after it
 shall have become a law.