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
________________________________________________________________________
4713--A
Cal. No. 497
2025-2026 Regular Sessions
IN SENATE
February 12, 2025
___________
Introduced by Sen. FAHY -- read twice and ordered printed, and when
printed to be committed to the Committee on Mental Health -- reported
favorably from said committee, ordered to first and second report,
ordered to a third reading, amended and ordered reprinted, retaining
its place in the order of third reading
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.
LBD06027-03-5
