Bill Text: NY A04100 | 2013-2014 | General Assembly | Introduced

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Bill Title: Relates to the release of mental hygiene records pertaining to allegations and investigations of abuse or mistreatment.

Spectrum: Moderate Partisan Bill (Democrat 31-10)

Status: (Introduced - Dead) 2013-06-11 - substituted by s3802 [A04100 Detail]

Download: New_York-2013-A04100-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4100
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                   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    S 2. This act shall take effect immediately.