Authorizes the release of certain records pertaining to deceased residents of the office for people with developmental disabilities operated or certified facilities to family members.
STATE OF NEW YORK
________________________________________________________________________
3165
2019-2020 Regular Sessions
IN ASSEMBLY
January 28, 2019
___________
Introduced by M. of A. ORTIZ -- 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 OPWDD operated or
certified 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. Subdivision (f) of section 13.09 of the mental hygiene law
2 is relettered subdivision (i) and a new subdivision (f) is added to read
3 as follows:
4 (f) Notwithstanding the provisions of sections 33.13 and 33.16 of this
5 chapter, the commissioner shall promulgate regulations in accordance
6 with the federal health insurance portability and accountability act of
7 1996, and any regulations promulgated thereunder, to cover the release
8 of certain records pertaining to a deceased individual who resided in a
9 facility operated or certified by the office. The regulations shall
10 specify which information shall be released and shall include such
11 records as the individual's name; dates of admission, discharge, birth
12 and death; cause of death; treatment, and services provided; employment;
13 and residential history to family members, unless the deceased individ-
14 ual, or in the case of an individual who lacked capacity to consent to
15 the release of his or her records, a qualified person as defined in
16 paragraph six of subdivision (a) of section 33.16 of this chapter, had
17 previously objected to the release of his or her records and such
18 objection was in writing or otherwise documented in the individual's
19 services plan and had not been withdrawn, the commissioner shall not
20 authorize the release of such records.
21 § 2. This act shall take effect on the one hundred eightieth day after
22 it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02272-01-9
