Bill Text: NY S04741 | 2019-2020 | General Assembly | Introduced


Bill Title: Provides for notice to persons authorized to receive medical information when a patient previously treated in a chemical dependence program or facility exhibits signs of possible drug use.

Spectrum: Slight Partisan Bill (Democrat 3-1)

Status: (Introduced) 2019-04-08 - REPORTED AND COMMITTED TO MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES [S04741 Detail]

Download: New_York-2019-S04741-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          4741
                               2019-2020 Regular Sessions
                    IN SENATE
                                     March 22, 2019
                                       ___________
        Introduced  by  Sens.  HARCKHAM, ORTT -- read twice and ordered printed,
          and when printed to be committed to the Committee  on  Alcoholism  and
          Substance Abuse
        AN ACT to amend the mental hygiene law, in relation to notice to certain
          persons  of  a  patient  previously  treated  in a chemical dependence
          program or facility
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  This  act  shall  be known and may be cited as "Stephen's
     2  law".
     3    § 2. The mental hygiene law is amended by adding a new section 22.09-a
     4  to read as follows:
     5  § 22.09-a Notice to certain persons of patients previously treated.
     6    (a) When a patient who has  previously  been  treated  in  a  chemical
     7  dependence  program,  service  or  treatment  facility does not attend a
     8  scheduled appointment; tests positive for any controlled  substance;  or
     9  demonstrates  behavior  or  conditions  which may cause life-threatening
    10  harm to such patient, a health care provider treating or observing  such
    11  patient  shall  notify  all  parties  to whom the patient has authorized
    12  consent for the release of medical information.
    13    (b) The health care provider shall only be  required  to  use  contact
    14  information as specified on the form authorizing consent for the release
    15  of  medical information. A party which does not list contact information
    16  on such form waives its right to receive  notice  of  occurrences  under
    17  this section.
    18    (c)  The  office  shall  notify  a  party who is authorized to receive
    19  medical information of the impending expiration of such authorization no
    20  less than seven calendar days before the expiration date.
    21    (d) Upon the occurrence of any circumstance under subdivision  (a)  of
    22  this  section,  a  patient  may  not  revoke  his or her consent for the
    23  release of information to any party. The consent shall remain in  effect
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05434-02-9

        S. 4741                             2
     1  until  it expires pursuant to the terms originally specified at the time
     2  the consent was signed or subsequently updated.
     3    (e)  A health care provider shall not be required to contact more than
     4  three parties for any single occurrence.
     5    § 3. The office of  alcoholism  and  substance  abuse  services  shall
     6  update  the  TRS-2  form  (Consent for Release of Information Concerning
     7  Alcoholism/Drug Abuse Patient) to include a space in which  a  signatory
     8  may  add immediate contact information for persons who are authorized to
     9  receive medical information, including but not limited to a phone number
    10  and/or an email address. The updated form shall  be  published  no  more
    11  than ninety days after the effective date of this act.
    12    § 4. This act shall take effect on the one hundred eightieth day after
    13  it shall have become a law.
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