|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Feb 23, 2021||referred to mental health|
delivered to assembly
|Feb 22, 2021||advanced to third reading|
|Feb 10, 2021||2nd report cal.|
|Feb 09, 2021||1st report cal.344|
|Jan 29, 2021||referred to mental health|
senate Bill S3409
Current Bill Status - Passed Senate
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S3409 (ACTIVE) - Details
S3409 (ACTIVE) - Sponsor Memo
BILL NUMBER: S3409 SPONSOR: BROUK TITLE OF BILL: An act to amend the mental hygiene law, in relation to authorizing the release of certain records of deceased residents of mental health facil- ities to family members upon written request PURPOSE: This bill would amend the Mental Hygiene Law (MHL) to authorize the release of certain records of deceased residents of facilities certified or operated by the Office of Mental Health (OMR). SUMMARY OF PROVISIONS: Section 1 requires the commissioner to promulgate regulations governing the release of certain records pertaining to a deceased individual who resided in a facility operated by the Office to a family member upon written request.
S3409 (ACTIVE) - Bill Text download pdf
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.
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