Bill Text: NY A05924 | 2013-2014 | General Assembly | 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) 2014-01-08 - referred to mental health [A05924 Detail]

Download: New_York-2013-A05924-Introduced.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5924
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                     March 8, 2013
                                      ___________
       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 (h) 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  TO  COVER  THE
    6  RELEASE  OF  CERTAIN  RECORDS  PERTAINING  TO  A DECEASED INDIVIDUAL WHO
    7  RESIDED IN A FACILITY OPERATED OR CERTIFIED BY  THE  OFFICE.  THE  REGU-
    8  LATIONS  SHALL  SPECIFY  WHICH  INFORMATION  SHALL BE RELEASED AND SHALL
    9  INCLUDE SUCH RECORDS AS  THE  INDIVIDUAL'S  NAME;  DATES  OF  ADMISSION,
   10  DISCHARGE,  BIRTH  AND  DEATH;  CAUSE  OF DEATH; TREATMENT, AND SERVICES
   11  PROVIDED; EMPLOYMENT; AND RESIDENTIAL HISTORY TO FAMILY MEMBERS,  UNLESS
   12  THE  DECEASED  INDIVIDUAL,  OR  IN  THE CASE OF AN INDIVIDUAL WHO LACKED
   13  CAPACITY TO CONSENT TO THE RELEASE OF HIS OR HER  RECORDS,  A  QUALIFIED
   14  PERSON  AS  DEFINED IN PARAGRAPH SIX OF SUBDIVISION (A) OF SECTION 33.16
   15  OF THIS CHAPTER, HAD PREVIOUSLY OBJECTED TO THE RELEASE OF  HIS  OR  HER
   16  RECORDS AND SUCH OBJECTION WAS IN WRITING OR OTHERWISE DOCUMENTED IN THE
   17  INDIVIDUAL'S  SERVICES PLAN AND HAD NOT BEEN WITHDRAWN, THE COMMISSIONER
   18  SHALL NOT AUTHORIZE THE RELEASE OF SUCH RECORDS.
   19    S 2. Subdivision (c) of section 33.13 of the  mental  hygiene  law  is
   20  amended by adding a new paragraph 16 to read as follows:
   21    16.    UPON  WRITTEN REQUEST BY THE PHYSICIAN OF A FAMILY MEMBER OF AN
   22  INDIVIDUAL, WHO HAS A DEMONSTRABLE MEDICAL NEED FOR SUCH INFORMATION  AS
   23  IT IS RELEVANT TO THE FAMILY MEMBER'S OWN HEALTH CARE.  THE COMMISSIONER
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09574-01-3
       A. 5924                             2
    1  SHALL  PROMULGATE  REGULATIONS  TO  DEFINE FAMILY MEMBER FOR PURPOSES OF
    2  THIS SECTION.
    3    S 3. This act shall take effect immediately; provided that section one
    4  of  this act shall take effect on the one hundred eightieth day after it
    5  shall have become a law.