Assembly Bill A5220

2023-2024 Legislative Session

Provides for the release of patient records by the office of mental health

download bill text pdf

Sponsored By

Current Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2023-A5220 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Mental Hygiene Law
Laws Affected:
Amd §§7.09 & 33.13, Ment Hyg L
Versions Introduced in Other Legislative Sessions:
2017-2018: A10162
2019-2020: A2278
2021-2022: A3633

2023-A5220 (ACTIVE) - Summary

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

2023-A5220 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5220
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 7, 2023
                                ___________
 
 Introduced  by  M. of A. GUNTHER, SANTABARBARA -- read once and referred
   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 (n) to read as follows:
   (N) NOTWITHSTANDING THE PROVISIONS OF SECTIONS 33.13 AND 33.16 OF THIS
 CHAPTER,  THE COMMISSIONER SHALL MAKE REGULATIONS IN ACCORDANCE WITH THE
 FEDERAL HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996,  AS
 AMENDED,  AND  ANY REGULATIONS PROMULGATED THEREUNDER, ON THE DISCLOSURE
 OF PATIENT INFORMATION PERTAINING TO DECEASED INDIVIDUALS WHO WERE RESI-
 DENTS OF FACILITIES OPERATED OR CERTIFIED BY THE  OFFICE.  SUCH  PATIENT
 INFORMATION  MAY BE PROVIDED TO FAMILY MEMBERS, PERSONAL REPRESENTATIVES
 OF THE DECEDENT, OR OTHER PERSONS WHO WERE INVOLVED  IN  THE  DECEDENT'S
 CARE  OR  PAYMENT  FOR  CARE  PRIOR TO THE DECEDENT'S DEATH UPON WRITTEN
 REQUEST.  NO PROVIDER SHALL DISCLOSE PATIENT INFORMATION IF DOING SO  IS
 INCONSISTENT WITH ANY KNOWN PRIOR EXPRESSED PREFERENCE OF THE DECEDENT.
   §  2.  Subdivision  (c)  of section 33.13 of the mental hygiene law is
 amended by adding a new paragraph 19 to read as follows:
   19. UPON WRITTEN REQUEST BY THE  HEALTH  CARE  PROVIDER  OF  A  FAMILY
 MEMBER  OF THE PATIENT, WHEN THE INFORMATION REQUESTED IS FOR THE TREAT-
 MENT OF THE FAMILY MEMBER.  THE COMMISSIONER SHALL MAKE  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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07775-01-3

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