S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7450
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 26, 2023
                                ___________
 
 Introduced  by Sen. MANNION -- (at request of the Office for People with
   Developmental Disabilities) -- read twice  and  ordered  printed,  and
   when printed to be committed to the Committee on Disabilities
 
 AN  ACT  to  amend the mental hygiene law, in relation to the release of
   patient or client clinical records to  correctional  facilities  or  a
   public health authority
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph 10 of subdivision (c) of  section  33.13  of  the
 mental  hygiene  law,  as amended by chapter 322 of the laws of 2021, is
 amended to read as follows:
   10. to a correctional facility, when the chief administrative  officer
 has  requested  such  information  with  respect to a named incarcerated
 individual of such correctional facility as defined by subdivision three
 of section  forty  of  the  correction  law  or  to  the  department  of
 corrections and community supervision, when the department has requested
 such  information  with respect to a person under its jurisdiction or an
 incarcerated individual of a  state  correctional  facility,  when  such
 incarcerated individual is within four weeks of release from such insti-
 tution  [to  community supervision]. HOWEVER,   CLINICAL RECORDS  IN THE
 POSSESSION OF THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL  DISABILITIES MAY
 BE  DISCLOSED  TO  THE  CORRECTIONAL FACILITY  OR  THE   DEPARTMENT   OF
 CORRECTIONS  AND COMMUNITY SUPERVISION WHEN SUCH INCARCERATED INDIVIDUAL
 IS WITHIN NINE MONTHS OF RELEASE  FROM  SUCH  INSTITUTION.      CLINICAL
 RECORDS  IN   THE POSSESSION OF THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL
 DISABILITIES MAY BE DISCLOSED TO A CORRECTIONAL  FACILITY  AND/OR    THE
 DEPARTMENT  OF   CORRECTIONS  AND COMMUNITY  SUPERVISION  WHEN  A  NAMED
 PERSON WHO RECEIVES OR IS ELIGIBLE TO RECEIVE SERVICES THAT  ARE   OPER-
 ATED,    CERTIFIED,  FUNDED  OR  APPROVED  BY THE OFFICE FOR PEOPLE WITH
 DEVELOPMENT DISABILITIES HAS ENTERED OR WILL  ENTER  THE  CUSTODY  OF  A
 CORRECTIONAL FACILITY,  TO THE EXTENT NECESSARY TO FACILITATE THE CONTI-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06950-01-3
              

 S. 7450                             2
 
 NUITY  OF  APPROPRIATE  SERVICES.  Information released pursuant to this
 paragraph may be limited to a summary of the record, including  but  not
 limited  to:  the basis for referral to the facility; the diagnosis upon
 admission and discharge; a diagnosis and description of the patient's or
 client's  current  mental  condition;  the  current course of treatment,
 medication and therapies; and the facility's recommendation  for  future
 mental  hygiene  services,  if any. Such information may be forwarded to
 the department of corrections and community supervision staff in need of
 such information for the purpose of making a determination regarding  an
 incarcerated  individual's  health  care, security, safety or ability to
 participate in programs. In the  event  an  incarcerated  individual  is
 transferred,  the  sending  correctional  facility  shall  forward, upon
 request, such summaries to  the  chief  administrative  officer  of  any
 correctional  facility  to  which  the incarcerated individual is subse-
 quently incarcerated. The office of mental health  and  the  office  for
 people with developmental disabilities, in consultation with the commis-
 sion  of  correction  and  the  department  of corrections and community
 supervision, shall promulgate rules and  regulations  to  implement  the
 provisions of this paragraph.
   §  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. TO A PUBLIC HEALTH AUTHORITY, AS DEFINED IN 45 CFR  164.501,  THAT
 IS  AUTHORIZED  BY  LAW  TO  COLLECT OR RECEIVE SUCH INFORMATION FOR THE
 PURPOSE OF PREVENTING OR CONTROLLING DISEASE, INJURY, OR DISABILITY, FOR
 THE PURPOSE OF PREVENTING OR CONTROLLING A PUBLIC HEALTH EMERGENCY.
   § 3. This act shall take effect immediately.