Senate Bill S8967A

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8967--A
     Cal. No. 1165
 
                             I N  S E N A T E
 
                               April 3, 2024
                                ___________
 
 Introduced  by  Sen. BRESLIN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Mental Health --  reported
   favorably  from said committee and committed to the Committee on Rules
   -- committee discharged, bill amended, ordered  reprinted  as  amended
   and recommitted to said committee

 AN  ACT  to amend the mental hygiene law, in relation to allowing direct
   descendants of a patient who has been deceased for a period  of  fifty
   years or longer to access such patient's clinical records
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph 6 of subdivision (a)  of  section  33.16  of  the
 mental  hygiene  law,  as amended by chapter 233 of the laws of 2017, is
 amended to read as follows:
   6. (I) "Qualified person" means any  properly  identified  patient  or
 client,  guardian  of a person with a developmental disability appointed
 pursuant to article seventeen-A of the surrogate's court procedure  act,
 or  committee for an incompetent appointed pursuant to this chapter or a
 parent of an infant, or a guardian of an infant  appointed  pursuant  to
 article seventeen of the surrogate's court procedure act or other legal-
 ly appointed guardian of an infant who may be entitled to request access
 to  a  clinical record pursuant to paragraph three of subdivision (b) of
 this section, or a parent, spouse, adult child, or adult sibling  of  an
 adult patient or client who may be entitled to request access to a clin-
 ical  record  pursuant  to  paragraph  four  of  subdivision (b) of this
 section, OR A DIRECT DESCENDANT OF A FORMER PATIENT OR  CLIENT  WHO  HAS
 BEEN DECEASED FOR A PERIOD OF FIFTY YEARS OR LONGER.
   (II)  THE  COMMISSIONER  OF  MENTAL  HEALTH SHALL PROMULGATE RULES AND
 REGULATIONS TO ESTABLISH A PROCESS AND STANDARD OF EVIDENCE ACCORDING TO
 WHICH INDIVIDUALS MAY PRESENT TO A FACILITY PROOF OF DIRECT DESCENT FROM
 A FORMER PATIENT OR CLIENT.
   § 2.  Paragraph 5 of subdivision (b) of section 33.16  of  the  mental
 hygiene  law,  as amended by chapter 233 of the laws of 1991, is amended
 to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15122-02-4
 S. 8967--A                          2
 
   5. Subject to the provisions of this subdivision and  subdivision  (c)
 of  this  section,  upon  the written request of any qualified person, a
 facility shall furnish to such person, within a reasonable time, a  copy
 of  any  clinical  record  requested  which  the person is authorized to
 inspect pursuant to this subdivision; PROVIDED, HOWEVER, THAT NOTHING IN
 THIS  SECTION  SHALL  BE  CONSTRUED  AS REQUIRING THAT A FACILITY RETAIN
 CLINICAL RECORDS INDEFINITELY OR FOR ANY PARTICULAR LENGTH  OF  TIME  IN
 ANTICIPATION OF ATTEMPTED ACCESS BY AN INDIVIDUAL MEETING THE DEFINITION
 OF A QUALIFIED PERSON.
   § 3. This act shall take effect immediately.