NEW 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.
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
