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Assembly Bill A3733

2025-2026 Legislative Session

Designates records and information relating to a patient who has been deceased for a period of fifty years or longer as historic records no longer subject to privacy protections

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Bill Amendments

2025-A3733 - Details

Law Section:
Mental Hygiene Law
Laws Affected:
Amd §33.16, Ment Hyg L
Versions Introduced in 2023-2024 Legislative Session:
A10125

2025-A3733 - Summary

Designates records and information relating to a patient who has been deceased for a period of fifty years or longer as historic records no longer subject to privacy protections; provides that such provisions shall not be construed as requiring a facility to retain records for any particular length of time.

2025-A3733 - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3733
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 30, 2025
                                ___________
 
 Introduced  by M. of A. BRONSON -- read once and referred to the Commit-
   tee on Mental Health
 
 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. "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.
   § 2. This act shall take effect immediately.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06027-01-5

co-Sponsors

2025-A3733A (ACTIVE) - Details

Law Section:
Mental Hygiene Law
Laws Affected:
Amd §33.16, Ment Hyg L
Versions Introduced in 2023-2024 Legislative Session:
A10125

2025-A3733A (ACTIVE) - Summary

Designates records and information relating to a patient who has been deceased for a period of fifty years or longer as historic records no longer subject to privacy protections; provides that such provisions shall not be construed as requiring a facility to retain records for any particular length of time.

2025-A3733A (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3733--A
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 30, 2025
                                ___________
 
 Introduced  by M. of A. BRONSON -- read once and referred to the Commit-
   tee on Mental Health -- committee discharged,  bill  amended,  ordered
   reprinted as amended and recommitted to said committee
 
 AN  ACT  to  amend  the  mental  hygiene law, in relation to designating
   records and information relating to a patient who  has  been  deceased
   for  a  period  of fifty years or longer as historic records no longer
   subject to privacy protections
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Subdivision (c) of section 33.13 of the mental hygiene law
 is amended by adding a new paragraph 19 to read as follows:
   19. RECORDS AND INFORMATION RELATING TO A PERSON WHO HAS BEEN DECEASED
 FOR FIFTY YEARS OR MORE SHALL BE CONSIDERED HISTORIC RECORDS  AND  SHALL
 NO  LONGER BE CONSIDERED CONFIDENTIAL OR SUBJECT TO PRIVACY PROTECTIONS;
 PROVIDED, HOWEVER THAT  THIS  SUBDIVISION  SHALL  NOT  BE  CONSTRUED  AS
 REQUIRING  THAT  A  FACILITY RETAIN CLINICAL RECORDS INDEFINITELY OR FOR
 ANY PARTICULAR LENGTH OF TIME IN ANTICIPATION OF ATTEMPTED ACCESS.
   § 2. This act shall take effect immediately.
 
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06027-04-5

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