A01941 Summary:

BILL NOA01941
 
SAME ASSAME AS S00861
 
SPONSORWalker
 
COSPNSR
 
MLTSPNSR
 
Amd 33.13, Ment Hyg L; amd 2782, Pub Health L (as proposed in S.6437-A & A.8337-B)
 
Allows for medical and psychiatric records of deceased inmates to be accessed by the board of correction of the city of New York under certain circumstances.
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A01941 Actions:

BILL NOA01941
 
01/13/2021referred to codes
01/20/2021reported
01/21/2021advanced to third reading cal.54
02/01/2021passed assembly
02/01/2021delivered to senate
02/01/2021REFERRED TO RULES
02/09/2021SUBSTITUTED FOR S861
02/09/20213RD READING CAL.14
02/09/2021PASSED SENATE
02/09/2021RETURNED TO ASSEMBLY
02/12/2021delivered to governor
02/16/2021signed chap.36
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A01941 Committee Votes:

CODES Chair:Dinowitz DATE:01/20/2021AYE/NAY:22/0 Action: Favorable
DinowitzAyeMorinelloAye
PretlowAyeGiglioAye
CookAyeMontesanoAye
CymbrowitzAyeReillyAye
O'DonnellAyeMikulinAye
LavineAyeTannousisAye
PerryAye
AbinantiAye
WeprinAye
HevesiAye
FahyAye
SeawrightAye
RosenthalAye
WalkerAye
VanelAye
CruzAye

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A01941 Floor Votes:

DATE:02/01/2021Assembly Vote  YEA/NAY: 150/0
AbbateYClarkYFrontusYLalorYPaulinYSillittiY
AbinantiYColtonYGalefYLavineYPeoples-StokesYSimonY
AndersonYConradYGallagherYLawlerYPerryYSimpsonY
AngelinoYCookYGallahanYLemondesYPheffer AmatoYSmithY
AshbyYCruzYGandolfoYLunsfordYPichardoYSmullenY
AubryYCusickYGiglio JAYLupardoYPretlowYSolagesY
BarclayYCymbrowitzYGiglio JMYMagnarelliYQuartYSteckY
BarnwellYDarlingYGlickYMamdaniYRaYSternY
BarrettYDavilaYGonzalez-RojasYManktelowYRajkumarYStirpeY
BarronYDe La RosaYGoodellYMcDonaldYRamosYTagueY
BenedettoYDeStefanoYGottfriedYMcDonoughYReillyYTannousisY
BichotteYDickensYGriffinYMcMahonYReyesYTaylorY
BlankenbushYDilanYGuntherYMeeksYRichardsonYThieleY
BrabenecYDinowitzYHawleyYMikulinYRivera J YVanelY
BraunsteinYDiPietroYHevesiYMiller B YRivera JDYWalczykY
BronsonYDursoYHunterYMiller MLYRodriguezYWalkerY
BrownYEichensteinYHyndmanYMitaynesYRosenthal D YWallaceY
BurdickYEnglebrightYJacksonYMontesanoYRosenthal L YWalshY
BurgosYEpsteinYJacobsonYMorinelloYRozicYWeinsteinY
BurkeYFahyYJean-PierreYNiouYSalkaYWeprinY
ButtenschonYFallYJensenYNolanYSantabarbaraYWilliamsY
ByrneYFernandezYJonesYNorrisYSayeghYWoernerY
ByrnesYFitzpatrickYJoynerYO'DonnellYSchmittYZebrowskiY
CahillYForrestYKellesYOtisYSeawrightYZinermanY
CarrollYFriendYKimYPalmesanoYSeptimoYMr. SpeakerY

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A01941 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1941
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 13, 2021
                                       ___________
 
        Introduced by M. of A. WALKER -- read once and referred to the Committee
          on Codes
 
        AN  ACT  to  amend  the mental hygiene law and the public health law, in
          relation to access to medical  and  psychiatric  records  of  deceased
          inmates by the board of correction of the city of New York

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Paragraph 5 of subdivision (c)  of  section  33.13  of  the
     2  mental hygiene law, as amended by a chapter of the laws of 2020 amending
     3  the  mental  hygiene law and the public health law relating to access to
     4  medical and psychiatric records of deceased  inmates  by  the  board  of
     5  correction  of  the  city  of New York, as proposed in legislative bills
     6  numbers S. 6437-A and A. 8337-B, is amended to read as follows:
     7    5. to the medical review board of the state commission  of  correction
     8  [or the board of correction of the city of New York] when such board has
     9  requested  such information with respect to the death of a named person,
    10  or, with the consent  of  a  patient  or  client  when  such  board  has
    11  requested  information  about  the patient or client providing that such
    12  board requires such information in the exercise of its  statutory  func-
    13  tions,  powers and duties. Information, books, records or data which are
    14  confidential as provided by law shall be kept confidential by the  state
    15  commission  [or the board of correction of the city of New York] and any
    16  limitation on the release thereof imposed by law upon the party furnish-
    17  ing the information, books, records or data shall apply to  the  medical
    18  review board [of the state commission and the board of correction of the
    19  city of New York].
    20    §  2.  Subdivision  (c)  of section 33.13 of the mental hygiene law is
    21  amended by adding a new paragraph 18 to read as follows:
    22    18. to the board of correction of the city of New York when such board
    23  has requested such information with respect to  the  death  of  a  named
    24  person,  or, with the consent of a patient or client when such board has
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07118-01-1

        A. 1941                             2
 
     1  requested information about the patient or client  providing  that  such
     2  board requires such information in the exercise of its functions, powers
     3  and  duties.  Information, books, records or data which are confidential
     4  as provided by law shall be kept confidential by the board of correction
     5  of  the  city  of  New  York  and  any limitation on the release thereof
     6  imposed by law upon the party furnishing the information, books, records
     7  or data shall apply to the board of correction of the city of New York.
     8    § 3. Paragraph (o) of subdivision 1 of  section  2782  of  the  public
     9  health  law,  as  amended  by a chapter of the laws of 2020 amending the
    10  mental hygiene law and the public  health  law  relating  to  access  to
    11  medical  and  psychiatric  records  of  deceased inmates by the board of
    12  correction of the city of New York, as  proposed  in  legislative  bills
    13  numbers S. 6437-A and A. 8337-B, are amended to read as follows:
    14    (o) an employee or agent of the commission of correction [or the board
    15  of correction of the city of New York], in accordance with paragraph (a)
    16  of  subdivision  two  of section twenty-seven hundred eighty-six of this
    17  article, to the extent the employee or agent  is  authorized  to  access
    18  records  containing  such  information in order to carry out the commis-
    19  sion's functions, powers and duties with respect to the protected  indi-
    20  vidual, pursuant to article three of the correction law;
    21    § 4. Subdivision 1 of section 2782 of the public health law is amended
    22  by adding a new paragraph (s) to read as follows:
    23    (s) an employee or agent of the board of correction of the city of New
    24  York,  in  accordance  with  paragraph (a) of subdivision two of section
    25  twenty-seven hundred eighty-six of  this  article,  to  the  extent  the
    26  employee or agent is authorized to access records containing such infor-
    27  mation  in  order  to carry out the board's functions, powers and duties
    28  with respect to the protected individual, pursuant to the charter of the
    29  city of New York.
    30    § 5. This act shall take effect on the  same  date  and  in  the  same
    31  manner  as a chapter of the laws of 2020 amending the mental hygiene law
    32  and the public health law relating to access to medical and  psychiatric
    33  records  of  deceased  inmates by the board of correction of the city of
    34  New York, as proposed in legislative bills  numbers  S.  6437-A  and  A.
    35  8337-B takes effect.
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