NY State Senate Bill 2025-S8082

Senate Bill S8082

2025-2026 Legislative Session

Relates to authorizing the release of certain records of deceased residents of mental health facilities to family members upon written request

download bill text pdf

Current Bill Status - In Senate Committee Mental Health Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 15, 2025	referred to mental health

2025-S8082 (ACTIVE) - Details

Current Committee:: Senate Mental Health
Law Section:: Mental Hygiene Law
Laws Affected:: Amd §§7.09 & 33.13, Ment Hyg L

2025-S8082 (ACTIVE) - Summary

Directs the commissioner to promulgate regulations for the release of patient records by the office of mental health.

2025-S8082 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8082

SPONSOR: BROUK
 
TITLE OF BILL:

An act to amend the mental hygiene law, in relation to authorizing the
release of certain records of deceased residents of mental health facil-
ities to family members upon written request

 
PURPOSE:

This bill would amend the Mental Hygiene Law (MHL) to authorize the
release of certain records of deceased residents of facilities certified
or operated by the Office of Mental Health.

 
SUMMARY OF PROVISIONS:

Section 1 requires the commissioner to promulgate regulations governing
the release of certain records pertaining to a deceased individual who
resided in a facility operated by the Office to a family member upon
written request.

Section 2 states that regulations shall be promulgated for the release
of information upon written request by a physician of family member who
has demonstrated medical need for such information.

Section 3 is the effective date.

 
JUSTIFICATION:

This bill would authorize the commissioner of the Office of Mental
Health to develop regulations in order to provide certain information to
other family members on a case-by-case basis. Family members may learn
of the existence of their relative only after the relative's death, and
may have no ability to ascertain whether their relative even existed.
The types of information to be released could include the person's name,
dates of birth, death and admission, discharge/release, cause of death,
diagnosis, treatment, services provided, employment and family history.
Where the commissioner has determined that the release of information is
appropriate pursuant to the standards set forth in regulation, this bill
would allow for release unless the individual or a qualified family
member had objected during his or her lifetime and such objection was
documented in the individual's services plan.

The bill would also amend MHL § 33.13 by adding a new paragraph 18 to
provide for the release of records to a physician of a family member,
who is not a qualified person, when the family member has a demonstrable
medical need for such information. This provision would bring state law
into compliance with the federal Health Insurance portability and
Accountability Act (HIPAA) which allows for release of clinical informa-
tion to a family member for this specific purpose.

 
LEGISLATIVE HISTORY:

2020: S4272 (Carlucci) Referred to Mental Health and Developmental Disa-
bilities

2019: S4272 (Carlucci) Passed Senate

2017-18: S690A (Ortt) Passed Senate

2015-16: S4973A (Ortt) Passed Senate

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
The act shall take effect immediately provided section one will take
effect 180 days after.

2025-S8082 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8082
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                               May 15, 2025
                                ___________
 
 Introduced  by  Sen.  BROUK  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Mental Health
 
 AN ACT to amend the mental hygiene law, in relation to  authorizing  the
   release  of  certain  records  of  deceased residents of mental health
   facilities to family members upon written request

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 7.09 of the mental hygiene law is amended by adding
 a new subdivision (n) to read as follows:
   (N) NOTWITHSTANDING THE PROVISIONS OF SECTIONS 33.13 AND 33.16 OF THIS
 CHAPTER,  THE  COMMISSIONER  SHALL  PROMULGATE REGULATIONS IN ACCORDANCE
 WITH THE FEDERAL HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT  OF
 1996,  AND ANY REGULATIONS PROMULGATED THEREUNDER, GOVERNING THE RELEASE
 OF CERTAIN RECORDS PERTAINING TO A DECEASED INDIVIDUAL WHO RESIDED IN  A
 FACILITY  OPERATED  OR  CERTIFIED  BY  THE OFFICE. THE REGULATIONS SHALL
 SPECIFY WHICH INFORMATION SHALL  BE  RELEASED  AND  SHALL  INCLUDE  SUCH
 RECORDS  AS  THE INDIVIDUAL'S NAME; DATES OF ADMISSION, DISCHARGE, BIRTH
 AND DEATH; CAUSE OF DEATH; TREATMENT AND SERVICES PROVIDED;  EMPLOYMENT;
 AND  RESIDENTIAL HISTORY. SUCH RECORDS MAY BE PROVIDED TO FAMILY MEMBERS
 UPON WRITTEN REQUEST. THE COMMISSIONER SHALL NOT AUTHORIZE  THE  RELEASE
 OF SUCH RECORDS WHERE THE DECEASED INDIVIDUAL HAD PREVIOUSLY OBJECTED TO
 THE RELEASE OF THEIR RECORDS AND SUCH OBJECTION WAS IN WRITING OR OTHER-
 WISE DOCUMENTED IN THE INDIVIDUAL'S SERVICES PLAN AND HAD NOT BEEN WITH-
 DRAWN.  IN  THE  CASE OF AN INDIVIDUAL WHO LACKED CAPACITY TO CONSENT TO
 THE RELEASE OF THEIR RECORDS, A QUALIFIED PERSON AS DEFINED IN PARAGRAPH
 SIX OF SUBDIVISION (A) OF SECTION 33.16 OF THIS CHAPTER  MAY  OBJECT  TO
 SUCH RELEASE.
   §  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. UPON WRITTEN REQUEST BY THE PHYSICIAN OF A  FAMILY  MEMBER  OF  AN
 INDIVIDUAL,  WHO HAS A DEMONSTRABLE MEDICAL NEED FOR SUCH INFORMATION AS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13130-01-5

 S. 8082                             2
 
 IT IS RELEVANT TO THE FAMILY MEMBER'S OWN HEALTH CARE. THE  COMMISSIONER
 SHALL  PROMULGATE  REGULATIONS  TO  DEFINE FAMILY MEMBER FOR PURPOSES OF
 THIS SECTION.
   § 3. This act shall take effect immediately; provided that section one
 of  this act shall take effect on the one hundred eightieth day after it
 shall have become a law.

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