Bill Text: NY S03228 | 2013-2014 | General Assembly | Introduced

---

Bill Title: Provides for the release of all medical records of the examination or treatment of any child reported as an abused or maltreated child upon the written request of the child protective service of a local department of social services certifying that such child has been reported as abused or maltreated; provides such records shall have the names of the alleged abusers deleted and provides such records shall be kept confidential.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-01-08 - REFERRED TO CHILDREN AND FAMILIES [S03228 Detail]

Download: New_York-2013-S03228-Introduced.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3228
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                   January 31, 2013
                                      ___________
       Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
         printed to be committed to the Committee on Children and Families
       AN ACT to amend the social services law, in relation to  requiring  that
         medical  records  of  children  who  have  been  reported as abused or
         maltreated be released to the child protective services
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1.  The social services law is amended by adding a new section
    2  425-a to read as follows:
    3    S 425-A. RELEASE OF MEDICAL RECORDS. UPON THE SWORN WRITTEN REQUEST OF
    4  THE  HEAD  OF  A  LOCAL  SOCIAL  SERVICES  DEPARTMENT OR DISTRICT, WHICH
    5  REQUEST SHALL INDICATE THAT A CERTAIN CHILD  HAS  BEEN  REPORTED  AS  AN
    6  ABUSED  OR  MALTREATED  CHILD AND WHICH SHALL ALSO INDICATE THE DATES OF
    7  SUCH ALLEGED ABUSE OR MALTREATMENT, A PHYSICIAN, HOSPITAL, OTHER MEDICAL
    8  FACILITY OR OTHER PERSON MAKING SUCH REPORT WHO HAS EXAMINED SUCH CHILD,
    9  SHALL RELEASE ALL MEDICAL RECORDS, OR COPIES THEREOF, OF THE EXAMINATION
   10  OR TREATMENT OF SUCH CHILD, SPECIFICALLY RELATING TO THE  ALLEGED  ABUSE
   11  OR  MALTREATMENT,  TO  THE CHILD PROTECTIVE SERVICE OF SUCH LOCAL SOCIAL
   12  SERVICES DEPARTMENT OR DISTRICT. SUCH RECORDS SHALL HAVE  THE  NAMES  OF
   13  THE  ALLEGED  ABUSERS  DELETED AND SHALL BE KEPT CONFIDENTIAL UNTIL SUCH
   14  TIME AS DETERMINED BY THE APPROPRIATE COURT. THE LOCAL  SOCIAL  SERVICES
   15  DEPARTMENT OR DISTRICT SHALL PAY SUCH ADMINISTRATIVE OR HANDLING FEES TO
   16  SUCH  PHYSICIAN,  HOSPITAL  OR  MEDICAL FACILITY OR PERSON AS THEY SHALL
   17  REASONABLY CHARGE.
   18    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06936-01-3