Bill Text: NY A08337 | 2019-2020 | General Assembly | Amended

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Bill Title: Allows for medical and psychiatric records of deceased inmates to be accessed by the board of correction of the city of New York under certain circumstances.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2020-12-02 - approval memo.24 [A08337 Detail]

Download: New_York-2019-A08337-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         8337--B

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                      June 14, 2019
                                       ___________

        Introduced  by  M. of A. WALKER, WEPRIN -- read once and referred to the
          Committee on Codes --  committee  discharged,  bill  amended,  ordered
          reprinted  as amended and recommitted to said committee -- recommitted
          to the Committee on Codes in accordance with Assembly Rule 3,  sec.  2
          --  committee  discharged,  bill amended, ordered reprinted as amended
          and recommitted to said committee

        AN ACT to amend the mental hygiene law and the  public  health  law,  in
          relation  to  access  to  medical  and psychiatric records of deceased
          inmates by the board of correction of the city of New York

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Paragraph  5  of  subdivision (c) of section 33.13 of the
     2  mental hygiene law, as amended by chapter 912 of the laws  of  1984,  is
     3  amended to read as follows:
     4    5.  to  the medical review board of the state commission of correction
     5  or the board of correction of the city of New York when such  board  has
     6  requested  such information with respect to the death of a named person,
     7  or, with the consent  of  a  patient  or  client  when  such  board  has
     8  requested  information  about  the patient or client providing that such
     9  board requires such information in the exercise of its  statutory  func-
    10  tions,  powers and duties. Information, books, records or data which are
    11  confidential as provided by law shall be kept confidential by the  state
    12  commission  or  the  board of correction of the city of New York and any
    13  limitation on the release thereof imposed by law upon the party furnish-
    14  ing the information, books, records or data shall apply to  the  medical
    15  review  board of the state commission and the board of correction of the
    16  city of New York.
    17    § 2. Paragraphs (n) and (o) of subdivision 1 of section  2782  of  the
    18  public  health  law,  as  added  by chapter 584 of the laws of 1988, are
    19  amended to read as follows:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13359-04-0
        A. 8337--B                          2

     1    (n) a medical director of a local correctional facility as defined  in
     2  section forty of the correction law, in accordance with paragraph (a) of
     3  subdivision two of section twenty-seven hundred eighty-six of this arti-
     4  cle,  to the extent the medical director is authorized to access records
     5  containing  such information in order to carry out his or her functions,
     6  powers and duties with respect to the protected individual; [or]
     7    (o) an employee or agent of the commission of correction or the  board
     8  of  correction of the city of New York, in accordance with paragraph (a)
     9  of subdivision two of section twenty-seven hundred  eighty-six  of  this
    10  article,  to  the  extent  the employee or agent is authorized to access
    11  records containing such information in order to carry  out  the  commis-
    12  sion's  functions, powers and duties with respect to the protected indi-
    13  vidual, pursuant to article three of the correction law[.];
    14    § 3. Paragraph (a) of subdivision 2 of  section  2786  of  the  public
    15  health  law,  as added by chapter 584 of the laws of 1988, is amended to
    16  read as follows:
    17    (a) Each state agency authorized pursuant to this  article  to  obtain
    18  confidential  HIV related information and the board of correction of the
    19  city of New York shall, in consultation with the department  of  health,
    20  promulgate  regulations:  (1) to provide safequards to prevent discrimi-
    21  nation, abuse or other adverse actions directed toward  protected  indi-
    22  viduals;  (2)  to  prohibit the disclosure of such information except in
    23  accordance with this article; (3) to  seek  to  protect  individuals  in
    24  contact  with  the  protected  individual  when  such  contact creates a
    25  significant risk of contracting or transmitting  HIV  infection  through
    26  the exchange of body fluids, and (4) to establish criteria for determin-
    27  ing when it is reasonably necessary for a provider of a health or social
    28  service  or  the state agency or a local government agency to have or to
    29  use confidential HIV related information  for  supervision,  monitoring,
    30  investigation, or administration and for determining which employees and
    31  agents  may, in the ordinary course of business of the agency or provid-
    32  er, be authorized to access confidential HIV related information  pursu-
    33  ant  to  the provisions of paragraphs (l) and (m) of subdivision one and
    34  subdivision six of section twenty-seven hundred eighty-two of this arti-
    35  cle; and provided further that such regulations shall be promulgated  by
    36  the chairperson of the commission of correction where disclosure is made
    37  pursuant  to  paragraphs (n) and (o) of subdivision one of section twen-
    38  ty-seven hundred eighty-two of this article.
    39    § 4. This act shall take effect immediately.