S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5624--A
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 18, 2025
                                ___________
 
 Introduced  by M. of A. LUCAS -- read once and referred to the Committee
   on Local Governments -- committee discharged,  bill  amended,  ordered
   reprinted as amended and recommitted to said committee
 
 AN  ACT to amend the county law, the public health law and the insurance
   law, in relation to enacting the mental health assessment  and  record
   keeping for the coroner's office act
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act shall be known and may be  cited  as  the  "mental
 health assessment and record keeping for the coroner's office act".
   §  2.  Subdivision  3  of  section 674 of the county law is amended by
 adding a new paragraph (c) to read as follows:
   (C) (I) THE CORONER OR CORONER AND CORONER'S PHYSICIAN, OR THE MEDICAL
 EXAMINER, ALSO SHALL MAKE OR CAUSE TO BE MADE, A MENTAL  HEALTH  ASSESS-
 MENT  WHICH  SHALL INCLUDE, BUT NOT BE LIMITED TO, A THOROUGH EVALUATION
 OF THE INDIVIDUAL'S MEDICAL AND PSYCHIATRIC HISTORY AFTER  A  REVIEW  OF
 ANY  AVAILABLE  DOCUMENTATION,  INCLUDING  BUT NOT LIMITED TO MEDICATION
 RECORDS OR THERAPY REPORTS. THE CORONER OR CORONER AND CORONER'S  PHYSI-
 CIAN,  OR  THE  MEDICAL  EXAMINER,  SHALL ACQUIRE ANY NECESSARY MEDICAL,
 PSYCHIATRIC, OR THERAPY RECORDS REQUIRED TO PERFORM  THE  MENTAL  HEALTH
 ASSESSMENT.
   (II)  UPON  COMPLETION OF THE MENTAL HEALTH ASSESSMENT, THE CORONER OR
 CORONER AND CORONER'S PHYSICIAN, OR THE MEDICAL EXAMINER,  SHALL  REDUCE
 TO  WRITING ON A FORM PRESCRIBED BY THE COMMISSIONER OF HEALTH ANY FIND-
 INGS INCLUDING, BUT NOT LIMITED TO, ANY INDICATIONS OF  MENTAL  DISTRESS
 OR  ILLNESS  AND  ANY EVIDENCE OF MENTAL HEALTH DISORDERS, INCLUDING BUT
 NOT LIMITED TO SCHIZOPHRENIA, DEPRESSION, PTSD, AND BIPOLAR DISORDER.
   (III) ANY DOCUMENTS ACQUIRED FOR OR  PRODUCED  BY  THE  MENTAL  HEALTH
 ASSESSMENT,  INCLUDING  BUT  NOT LIMITED TO ANY MEDICAL RECORDS, THERAPY
 NOTES, AND THE CORONER'S FINDINGS OTHER THAN SUCH FINDINGS  INCLUDED  ON
 THE  DEATH  CERTIFICATE,  SHALL  BE  KEPT  CONFIDENTIAL AND PROTECTED IN
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08248-02-5
              

 A. 5624--A                          2
 
 ACCORDANCE WITH ANY APPLICABLE PRIVACY LAWS AND SHALL NOT BE MADE AVAIL-
 ABLE FOR DISCLOSURE OR INSPECTION UNDER THE STATE FREEDOM OF INFORMATION
 LAW. SUCH DOCUMENTS SHALL ONLY  BE  USED  FOR  RESEARCH  AND  PREVENTION
 EFFORTS.
   § 3. Subdivision 4 of section 4141 of the public health law is amended
 by adding a new paragraph (e) to read as follows:
   (E)  NO  DEATH  CERTIFICATE  SHALL CITE SUICIDE AS A DIAGNOSIS, LABEL,
 CAUSE OF DEATH, OR CONTRIBUTING FACTOR TO ANY DEATH WHERE  THE  CORONER,
 CORONER AND CORONER'S PHYSICIAN, OR THE MEDICAL EXAMINER'S MENTAL HEALTH
 ASSESSMENT,  CONDUCTED  UNDER  SUBDIVISION  THREE OF SECTION SIX HUNDRED
 SEVENTY-FOUR OF THE COUNTY LAW,  DETERMINED  THE  INDIVIDUAL  HAD  INDI-
 CATIONS  OF  MENTAL  DISTRESS  OR  ILLNESS AND/OR ANY EVIDENCE OF MENTAL
 HEALTH  DISORDERS,  INCLUDING  BUT   NOT   LIMITED   TO   SCHIZOPHRENIA,
 DEPRESSION,  PTSD,  AND BIPOLAR DISORDER AND SHALL INSTEAD INDICATE SUCH
 DISTRESS, ILLNESS, AND/OR DISORDER ON THE DEATH CERTIFICATE AS THE CAUSE
 OF DEATH.
   § 4. Subparagraph (B) of paragraph 1 of subsection (b) of section 3203
 of the insurance law is amended to read as follows:
   (B) suicide within two years from the date  of  issue  of  the  policy
 EXCEPT  FOR  WHERE  THE CORONER, CORONER AND CORONER'S PHYSICIAN, OR THE
 MEDICAL EXAMINER'S MENTAL HEALTH ASSESSMENT, CONDUCTED UNDER SUBDIVISION
 THREE OF SECTION SIX HUNDRED SEVENTY-FOUR OF THE COUNTY LAW,  DETERMINED
 THE  INDIVIDUAL HAD INDICATIONS OF MENTAL DISTRESS OR ILLNESS AND/OR ANY
 EVIDENCE OF MENTAL HEALTH DISORDERS, INCLUDING BUT NOT LIMITED TO  SCHI-
 ZOPHRENIA,  DEPRESSION, PTSD, AND BIPOLAR DISORDER AND INDICATED SUCH AS
 THE CAUSE OF DEATH ON THE DEATH CERTIFICATE;
   § 5. Subparagraph (C) of paragraph 5 of subsection (e) of section 3209
 of the insurance law, as amended by chapter 616 of the laws of 1997,  is
 amended to read as follows:
   (C) guaranteed amount payable upon death at the beginning of the poli-
 cy  year  regardless  of  the  cause  of death, other than: (I) suicide,
 EXCEPT FOR WHERE THE CORONER, CORONER AND CORONER'S  PHYSICIAN,  OR  THE
 MEDICAL EXAMINER'S MENTAL HEALTH ASSESSMENT, CONDUCTED UNDER SUBDIVISION
 THREE  OF SECTION SIX HUNDRED SEVENTY-FOUR OF THE COUNTY LAW, DETERMINED
 THE INDIVIDUAL HAD INDICATIONS OF MENTAL DISTRESS OR ILLNESS AND/OR  ANY
 EVIDENCE  OF MENTAL HEALTH DISORDERS, INCLUDING BUT NOT LIMITED TO SCHI-
 ZOPHRENIA, DEPRESSION, PTSD, AND BIPOLAR DISORDER AND INDICATED SUCH  AS
 THE  CAUSE OF DEATH ON THE DEATH CERTIFICATE; or (II) other specifically
 enumerated exclusions, which is provided by the basic  policy  and  each
 optional  rider,  with benefits provided under the basic policy and each
 rider shown separately;
   § 6. Paragraph 6 of subsection (a) of section 3220  of  the  insurance
 law,  as  amended by chapter 287 of the laws of 1997, is amended to read
 as follows:
   (6) That if the insurance on an employee or member covered  under  the
 policy,  other  than  one  issued  in accordance with paragraph three or
 eight of subsection (b) of section four thousand two hundred sixteen  of
 this  chapter, (A) ceases because of termination of (i) employment or of
 membership in the class or classes eligible for coverage under the poli-
 cy, or (ii) the policy, or (B) is reduced (i) in the case  of  a  policy
 covering  an  employee  or  union  member  under  a plan arranged by the
 insured person's employer or union, on or after the employee's or  union
 member's  attainment  of  age sixty in any increment or series of incre-
 ments aggregating twenty percent or more of the amount  of  coverage  in
 force  before  the  first  reduction on account of such age, (ii) in the
 case of a policy covering any member other than as described in item (i)
 A. 5624--A                          3
 
 of this subparagraph, at the time of the first reduction  of  insurance,
 (iii)  due  to change in class or (iv) due to an amendment of the policy
 to take effect immediately or at any subsequent date, such  employee  or
 such member shall be entitled to have issued to [him] THEM by the insur-
 er,  without  evidence  of  insurability,  upon  application made to the
 insurer within thirty-one days after such termination  or  reduction  of
 insurance  and payment of the premium applicable to the class of risk to
 which [he belongs] THEY BELONG and to the form and amount of the  policy
 at  [his]  THEIR  then attained age, a policy of life insurance only, in
 any one of the forms customarily issued by  such  insurer,  except  term
 insurance,  in  an  amount equal to the amount of [his] THEIR protection
 under such group insurance policy at the time  of  such  termination  or
 reduction,  less any amount of life insurance remaining in force, except
 however, in the case of a reduction in  accordance  with  item  (ii)  of
 subparagraph (B) of this paragraph, in an amount equal to eighty percent
 of  [his]  THEIR  insurance coverage under such group policy immediately
 prior to such reduction. Under a group policy issued pursuant  to  para-
 graph  twelve,  thirteen  or  fourteen of subsection (b) of section four
 thousand two hundred sixteen of this chapter, an insured shall be  enti-
 tled  to  convert, just as if [he] THEY had terminated membership in the
 class or classes eligible for coverage,  within  thirty-one  days  after
 notice  from the insurer that, in order to continue [his] THEIR coverage
 under the group policy, [he] THEY must contribute more than one  hundred
 thirty-three  percent  of  the  net  premiums  computed according to the
 Commissioners 1960 Standard  Group  Mortality  Table  at  three  percent
 interest.  The  group policy may contain a provision that if the policy-
 holder or insurer shall terminate the policy, the amount of life  insur-
 ance  that  may be converted shall in no event exceed the amount of such
 employee's or member's life insurance protection less any amount of life
 insurance for which [he] THEY may be or may become  eligible  under  any
 group  policy issued or reinstated by the same or another insurer within
 forty-five days after the date of such cessation. However, at the option
 of such employee or member, [he] THEY shall be entitled to  have  issued
 to  [him]  THEM  in  accordance  with the conditions prescribed above, a
 policy of life insurance only, in any one of  such  forms,  preceded  by
 term insurance for a period of one year with the premium payable, at the
 option of the employee or member, in any mode customarily offered by the
 insurer. In addition, the group policy shall contain a provision that if
 the  coverage  of an employee or member ceases because of termination of
 employment due to the  employee's  total  and  permanent  disability  or
 termination  of membership due to the member's total and permanent disa-
 bility, the employee or member,  at  the  option  of  such  employee  or
 member, shall be entitled to have issued to [him] THEM, a policy of life
 insurance only, in any one of such forms, preceded by term insurance for
 a  period  of  one  year  with the premium payable, at the option of the
 employee or member, in any mode customarily offered by the  insurer,  in
 the  amount  of such employee's or member's life insurance protection in
 effect immediately before termination,  less  the  amount  of  any  life
 insurance  which  is  replaced  with  the same or another insurer within
 forty-five days after cessation of the group life insurance  protection.
 Each  such  group policy shall contain a further provision to the effect
 that upon the death of any such employee or member during  such  thirty-
 one  day  period and before any such individual policy has become effec-
 tive, the amount of insurance for which  such  employee  or  member  was
 entitled  to make application shall be payable as a death benefit by the
 insurer; provided, however, each such policy  may  contain  a  provision
 A. 5624--A                          4
 
 obligating the policyholder to pay a premium to the insurer for coverage
 extended during such thirty-one day period in the event the extension of
 coverage  is a direct result of the policyholder's voluntary termination
 of  the  policy  and the policyholder replaces coverage under the policy
 within six months of its termination either with  the  insurer  or  with
 another  insurer.  The individual conversion policy may provide that any
 statement made by the person insured under the group policy relating  to
 [his] THEIR insurability under such group policy may be used in contest-
 ing the validity of the insurance under the individual conversion policy
 to  the same extent that such statement could have been used in contest-
 ing the validity of [his] THEIR insurance  under  the  group  policy  if
 [his] THEIR insurance under the group policy had not ceased. An individ-
 ual  conversion  policy  shall  not exclude or restrict liability in the
 event of suicide of the insured after two years from the date  that  the
 insured  became  covered  under  the  group  policy EXCEPT FOR WHERE THE
 CORONER, CORONER AND CORONER'S  PHYSICIAN,  OR  THE  MEDICAL  EXAMINER'S
 MENTAL  HEALTH  ASSESSMENT, CONDUCTED UNDER SUBDIVISION THREE OF SECTION
 SIX HUNDRED SEVENTY-FOUR OF THE COUNTY LAW,  DETERMINED  THE  INDIVIDUAL
 HAD  INDICATIONS  OF  MENTAL  DISTRESS OR ILLNESS AND/OR ANY EVIDENCE OF
 MENTAL HEALTH DISORDERS, INCLUDING BUT  NOT  LIMITED  TO  SCHIZOPHRENIA,
 DEPRESSION,  PTSD,  AND BIPOLAR DISORDER AND INDICATED SUCH AS THE CAUSE
 OF DEATH ON THE DEATH CERTIFICATE. Notwithstanding  the  foregoing,  the
 superintendent may require conversion or continuation of insurance under
 conditions  as  set  forth  in  a regulation for insureds under a policy
 issued in accordance with paragraph three of subsection (b)  of  section
 four thousand two hundred sixteen of this chapter.
   § 7. Subparagraph (D) of paragraph 1 of subsection (b) of section 4510
 of the insurance law is amended to read as follows:
   (D)  as a result of suicide within two years from the date of issue of
 the certificate EXCEPT FOR WHERE  THE  CORONER,  CORONER  AND  CORONER'S
 PHYSICIAN, OR THE MEDICAL EXAMINER'S MENTAL HEALTH ASSESSMENT, CONDUCTED
 UNDER SUBDIVISION THREE OF SECTION SIX HUNDRED SEVENTY-FOUR OF THE COUN-
 TY  LAW, DETERMINED THE INDIVIDUAL HAD INDICATIONS OF MENTAL DISTRESS OR
 ILLNESS AND/OR ANY EVIDENCE OF MENTAL HEALTH  DISORDERS,  INCLUDING  BUT
 NOT LIMITED TO SCHIZOPHRENIA, DEPRESSION, PTSD, AND BIPOLAR DISORDER AND
 INDICATED SUCH AS THE CAUSE OF DEATH ON THE DEATH CERTIFICATE;
   § 8. This act shall take effect on the one hundred eightieth day after
 it  shall have become a law. Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be  made  and
 completed on or before such effective date.