Bill Text: NY S06437 | 2019-2020 | General Assembly | Introduced

New York Senate Bill 6437 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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 1-0)

Status: (Passed) 2020-12-02 - approval memo.24 [S06437 Detail]

Download: New_York-2019-S06437-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________

                                          6437

                               2019-2020 Regular Sessions

                    IN SENATE

                                      June 11, 2019
                                       ___________

        Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules

        AN  ACT  to  amend the New York city charter, 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 2 of subdivision c of section 626 of the New York
     2  city charter, as amended by a vote of the people of the city of New York
     3  at the general election held in November of 1975, is amended to read  as
     4  follows:
     5    2.  (i) The inspection of all books, records, documents, and papers of
     6  the department; and
     7    (ii) The inspection of medical or psychiatric records  of  any  health
     8  care  provider  that treated an inmate when the board has requested such
     9  information with respect to the death of such person, provided:
    10    (A) records from a federally assisted alcohol or  drug  abuse  program
    11  may be disclosed only to the extent permitted by applicable federal law;
    12    (B)  with  respect  to  records subject to section 33.13 of the mental
    13  hygiene law, any limitation on the release thereof imposed by  law  upon
    14  the party furnishing the information, books, records or data shall apply
    15  to the board; and
    16    (C) any confidential HIV-related information shall only be made avail-
    17  able  to  and  received and retained by the board to the extent relevant
    18  and necessary to accomplish the mandates of the board, and shall be made
    19  available in a manner consistent with regulations issued  by  the  state
    20  commission  on  correction  to  govern  the  receipt, use, retention and
    21  redisclosure of such information by  the  state  commission.  The  board
    22  shall promulgate regulations establishing criteria for determining which

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13321-01-9

        S. 6437                             2

     1  employees  and  agents  may,  in  the ordinary course of business of the
     2  board, be authorized to access confidential HIV-related information;
     3    §  2.  Paragraph  5  of subdivision (c) of section 33.13 of the mental
     4  hygiene law, as amended by chapter 912 of the laws of 1984,  is  amended
     5  to read as follows:
     6    5.  to  the medical review board of the state commission of correction
     7  or the board of correction of the city of New York when such  board  has
     8  requested  such information with respect to the death of a named person,
     9  or, with the consent  of  a  patient  or  client  when  such  board  has
    10  requested  information  about  the patient or client providing that such
    11  board requires such information in the exercise of its  statutory  func-
    12  tions,  powers and duties. Information, books, records or data which are
    13  confidential as provided by  law  shall  be  kept  confidential  by  the
    14  commission and any limitation on the release thereof imposed by law upon
    15  the party furnishing the information, books, records or data shall apply
    16  to  the  medical  review  board  of the state commission or the board of
    17  correction of the city of New York.
    18    § 3. Paragraphs (n) and (o) of subdivision 1 of section  2782  of  the
    19  public  health  law,  as  added  by chapter 584 of the laws of 1988, are
    20  amended to read as follows:
    21    (n) a medical director of a local correctional facility as defined  in
    22  section forty of the correction law, in accordance with paragraph (a) of
    23  subdivision two of section twenty-seven hundred eighty-six of this arti-
    24  cle,  to the extent the medical director is authorized to access records
    25  containing such information in order to carry out his or her  functions,
    26  powers and duties with respect to the protected individual; [or]
    27    (o)  an  employee or agent of the commission of correction, in accord-
    28  ance with paragraph (a)  of  subdivision  two  of  section  twenty-seven
    29  hundred  eighty-six of this article, to the extent the employee or agent
    30  is authorized to access records containing such information in order  to
    31  carry  out the commission's functions, powers and duties with respect to
    32  the protected individual, pursuant to article three  of  the  correction
    33  law[.],  or  an employee or agent of the board of correction of the city
    34  of New York, to the extent the employee or agent is authorized to access
    35  records containing such information in order to carry  out  the  board's
    36  functions,  powers and duties, when such board has requested such infor-
    37  mation with respect to the death of a named person;
    38    § 4. This act shall take effect immediately.