NY State Senate Bill S3409

Current Bill Status - Passed Senate

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed/Vetoed by Governor

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Actions

view actions (7)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 23, 2021	referred to mental health delivered to assembly passed senate
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

Votes

view votes

Feb 23, 2021 - floor Vote

S3409

floor

Aye

Nay

Absent

Excused

Abstained

Feb 9, 2021 - Mental Health committee Vote

S3409

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

S3409 (ACTIVE) - Details

See Assembly Version of this Bill:: A3633
Current Committee:: Assembly Mental Health
Law Section:: Mental Hygiene Law
Laws Affected:: Amd §§7.09 & 33.13, Ment Hyg L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S4973
2017-2018: S690, A10162
2019-2020: S4272, A2278

S3409 (ACTIVE) - Summary

Directs the commissioner to promulgate regulations for the release of patient records by the office of mental health.

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.

Section 2 states that regulations shall be promulgated for the release
of information upon written request by a physician of family member who
has demonstrated medical need for such information.

Section 3 is the effective date.

 
JUSTIFICATION:

This bill would authorize the commissioner of OMH to develop regulations
in order to provide certain information to other family members on a
case-by-case basis. Family members may learn of the existence of their
relative only after the relative's death, and may have no ability to
ascertain whether their relative even existed. The types of information
to be released could include the person's name, dates of birth, death
and admission, discharge/release, cause of death, diagnosis, treatment,
services provided, employment and family history. Where the commissioner
has determined that the release of information is appropriate pursuant
to the standards set forth in regulation, this bill would allow for
release unless the individual or a qualified family member had objected
during his or her lifetime and such objection was documented in the
individual's services plan.

The bill would also amend MHL § 33.13 by adding a new paragraph 18 to
provide for the release of records to a physician of a family member,
who is not a qualified person, when the family member has a demonstrable
medical need for such information. This provision would bring state law
into compliance with the federal Health Insurance portability and
Accountability Act (HIPAA) which allows for release of clinical informa-
tion to a family member for this specific purpose.

 
LEGISLATIVE HISTORY:

2020: S4272 (Carlucci) Referred to Mental Health and Developmental Disa-
bilities / A2278 Referred to Codes.

2019: S4272 (Carlucci) Passed Senate / A2278 (Gunther) Referred to
Codes.
2017-2018: S690A (Ortt) Passed Senate / A10162 (Gunther) Referred to
Codes.

2016-2015: S4973A (Ortt) Passed Senate

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
The act shall take effect immediately provided section one will take
effect 180 days after.

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.

                                                            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.

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The New York State Senate

senate Bill S3409

Sponsored By

Current Bill Status - Passed Senate

Your Voice

Actions

Votes

Feb 23, 2021 - floor Vote

Floor Vote: Feb 23, 2021

Feb 9, 2021 - Mental Health committee Vote

Mental Health Committee Vote: Feb 9, 2021

S3409 (ACTIVE) - Details

S3409 (ACTIVE) - Summary

S3409 (ACTIVE) - Sponsor Memo

S3409 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S3409

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Sponsored By

Samra G. Brouk

Current Bill Status - Passed Senate

Your Voice

Actions

Votes

Feb 23, 2021 - floor Vote

Floor Vote: Feb 23, 2021

Feb 9, 2021 - Mental Health committee Vote

Mental Health Committee Vote: Feb 9, 2021

S3409 (ACTIVE) - Details

S3409 (ACTIVE) - Summary

S3409 (ACTIVE) - Sponsor Memo

S3409 (ACTIVE) - Bill Text download pdf

Comments