STATE OF NEW YORK
________________________________________________________________________
2278
2019-2020 Regular Sessions
IN ASSEMBLY
January 22, 2019
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Introduced by M. of A. GUNTHER, O'DONNELL, 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 (l) to read as follows:
3 (l) Notwithstanding the provisions of sections 33.13 and 33.16 of this
4 chapter, the commissioner shall promulgate regulations in accordance
5 with the federal health insurance portability and accountability act of
6 1996, and any regulations promulgated thereunder, governing the release
7 of certain records pertaining to a deceased individual who resided in a
8 facility operated or certified by the office. The regulations shall
9 specify which information shall be released and shall include such
10 records as the individual's name; dates of admission, discharge, birth
11 and death; cause of death; treatment and services provided; employment;
12 and residential history. Such records may be provided to family members
13 upon written request. The commissioner shall not authorize the release
14 of such records where the deceased individual had previously objected to
15 the release of his or her records and such objection was in writing or
16 otherwise documented in the individual's services plan and had not been
17 withdrawn. In the case of an individual who lacked capacity to consent
18 to the release of his or her records, a qualified person as defined in
19 paragraph six of subdivision (a) of section 33.16 of this chapter may
20 object to such release.
21 § 2. Subdivision (c) of section 33.13 of the mental hygiene law is
22 amended by adding a new paragraph 18 to read as follows:
23 18. upon written request by the physician of a family member of an
24 individual, who has a demonstrable medical need for such information as
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01625-01-9
A. 2278 2
1 it is relevant to the family member's own health care. The commissioner
2 shall promulgate regulations to define family member for purposes of
3 this section.
4 § 3. This act shall take effect immediately; provided that section one
5 of this act shall take effect on the one hundred eightieth day after it
6 shall have become a law.
