Bill Text: NY A03165 | 2019-2020 | General Assembly | Introduced

New York Assembly Bill 3165 (Prior Session Legislation)

Introduced

Bill Title: 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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-01-08 - referred to mental health [A03165 Detail]

Download: New_York-2019-A03165-Introduced.html



                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