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.