Designates records and information relating to a patient who has been deceased for a period of fifty years or longer as historic records no longer subject to privacy protections; provides that such provisions shall not be construed as requiring a facility to retain records for any particular length of time.
STATE OF NEW YORK
________________________________________________________________________
3733--A
2025-2026 Regular Sessions
IN ASSEMBLY
January 30, 2025
___________
Introduced by M. of A. BRONSON -- read once and referred to the Commit-
tee on Mental Health -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the mental hygiene law, in relation to designating
records and information relating to a patient who has been deceased
for a period of fifty years or longer as historic records no longer
subject to privacy protections
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision (c) of section 33.13 of the mental hygiene law
2 is amended by adding a new paragraph 19 to read as follows:
3 19. Records and information relating to a person who has been deceased
4 for fifty years or more shall be considered historic records and shall
5 no longer be considered confidential or subject to privacy protections;
6 provided, however that this subdivision shall not be construed as
7 requiring that a facility retain clinical records indefinitely or for
8 any particular length of time in anticipation of attempted access.
9 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06027-04-5