STATE OF NEW YORK
________________________________________________________________________
4100
2013-2014 Regular Sessions
IN ASSEMBLY
January 30, 2013
___________
Introduced by M. of A. WEISENBERG, JAFFEE, MONTESANO, BENEDETTO, McKEV-
ITT, COLTON, HIKIND, DUPREY, GUNTHER, ABINANTI, HOOPER, LAVINE, SCHI-
MEL, MILLER, SWEENEY, GRAF, WEPRIN, ZEBROWSKI, RAIA, MILLMAN, GABRYS-
ZAK, COOK, MAISEL, SCARBOROUGH, GIBSON -- Multi-Sponsored by -- M. of
A. ARROYO, AUBRY, BOYLAND, CORWIN, GALEF, GOTTFRIED, JOHNS, JORDAN,
McLAUGHLIN, OAKS, RA, THIELE -- read once and referred to the Commit-
tee on Mental Health
AN ACT to amend the mental hygiene law, in relation to the further
dissemination of records pertaining to allegations and investigations
of abuse and mistreatment at a facility to certain persons
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision (b) of section 33.25 of the mental hygiene law,
2 as added by chapter 24 of the laws of 2007, is amended and two new
3 subdivisions (c) and (d) are added to read as follows:
4 (b) Records and reports released in accordance with this section shall
5 be released pursuant to subdivision (b) of section 33.23 of this article
6 and shall not be further disseminated by the recipient, provided that a
7 recipient may share any records and reports with: (i) a health care
8 provider; (ii) a behavioral health care provider; (iii) law enforcement
9 if the recipient believes a crime has been committed; or (iv) the recip-
10 ient's attorney.
11 (c) A cover letter shall accompany records and reports released in
12 accordance with this section and shall state: PURSUANT TO SECTION 33.25
13 OF THE MENTAL HYGIENE LAW, THE ATTACHED RECORDS AND REPORTS SHALL NOT BE
14 FURTHER DISSEMINATED, EXCEPT THAT YOU MAY SHARE THE REPORT WITH: (i) A
15 HEALTH CARE PROVIDER; (ii) A BEHAVIORAL HEALTH CARE PROVIDER; (iii) LAW
16 ENFORCEMENT, IF YOU BELIEVE A CRIME HAS BEEN COMMITTED; OR (iv) YOUR
17 ATTORNEY.
18 (d) Nothing in this section shall prohibit the receipt, use or dissem-
19 ination of any such records, reports, information or results of investi-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07444-01-3
A. 4100 2
1 gations or inquiry by any patient, former patient, or qualified person
2 or person or official specified in paragraph (i), (ii), (iii) or (iv) of
3 subdivision (b) of this section acting on behalf of any patient, former
4 patient or patient's estate, in any legal action or proceeding brought
5 by or on behalf of such patient, former patient or patient's estate.
6 § 2. This act shall take effect immediately.
