A05220 Summary:
BILL NO | A05220 |
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SAME AS | No Same As |
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SPONSOR | Gunther |
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COSPNSR | Santabarbara, De Los Santos, Walsh |
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MLTSPNSR | |
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Amd §§7.09 & 33.13, Ment Hyg L | |
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Directs the commissioner to promulgate regulations for the release of certain patient records by the office of mental health. |
A05220 Actions:
BILL NO | A05220 | |||||||||||||||||||||||||||||||||||||||||||||||||
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03/07/2023 | referred to mental health | |||||||||||||||||||||||||||||||||||||||||||||||||
05/16/2023 | reported referred to codes | |||||||||||||||||||||||||||||||||||||||||||||||||
01/03/2024 | referred to codes |
A05220 Memo:
Go to topNEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)   BILL NUMBER: A5220 SPONSOR: Gunther
  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 (OMR).   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 OMH 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 (HIP AA) which allows for release of clinical information to a family member for this specific purpose.   LEGISLATIVE HISTORY: 2021-22: A3633A referred to Codes 2019-20: A2278 referred to Codes/S4272 referred to Mental Health 2017-18: A10162 referred to Codes / S690A Passed Senate   FISCAL IMPLICATIONS: None   EFFECTIVE DATE: The act shall take effect immediately provided section one will take effect 180 days after.
A05220 Text:
Go to top STATE OF NEW YORK ________________________________________________________________________ 5220 2023-2024 Regular Sessions IN ASSEMBLY March 7, 2023 ___________ Introduced by M. of A. GUNTHER, SANTABARBARA -- read once and referred 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: 1 Section 1. Section 7.09 of the mental hygiene law is amended by adding 2 a new subdivision (n) to read as follows: 3 (n) Notwithstanding the provisions of sections 33.13 and 33.16 of this 4 chapter, the commissioner shall make regulations in accordance with the 5 federal health insurance portability and accountability act of 1996, as 6 amended, and any regulations promulgated thereunder, on the disclosure 7 of patient information pertaining to deceased individuals who were resi- 8 dents of facilities operated or certified by the office. Such patient 9 information may be provided to family members, personal representatives 10 of the decedent, or other persons who were involved in the decedent's 11 care or payment for care prior to the decedent's death upon written 12 request. No provider shall disclose patient information if doing so is 13 inconsistent with any known prior expressed preference of the decedent. 14 § 2. Subdivision (c) of section 33.13 of the mental hygiene law is 15 amended by adding a new paragraph 19 to read as follows: 16 19. upon written request by the health care provider of a family 17 member of the patient, when the information requested is for the treat- 18 ment of the family member. The commissioner shall make regulations to 19 define family member for purposes of this section. 20 § 3. This act shall take effect immediately; provided that section one 21 of this act shall take effect on the one hundred eightieth day after it 22 shall have become a law. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD07775-01-3