Bill Text: NY S08967 | 2023-2024 | General Assembly | Introduced

---

Bill Title: Allows direct descendants of a patient who has been deceased for a period of fifty years or longer to access such patient's clinical records.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-04-03 - REFERRED TO MENTAL HEALTH [S08967 Detail]

Download: New_York-2023-S08967-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                          8967

                    IN SENATE

                                      April 3, 2024
                                       ___________

        Introduced  by  Sen. BRESLIN -- read twice and ordered printed, and when
          printed to be committed to the Committee on Mental Health

        AN ACT to amend the mental hygiene law, in relation to  allowing  direct
          descendants  of  a patient who has been deceased for a period of fifty
          years or longer to access such patient's clinical records

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

     1    Section  1.  Paragraph  6  of  subdivision (a) of section 33.16 of the
     2  mental hygiene law, as amended by chapter 233 of the laws  of  2017,  is
     3  amended to read as follows:
     4    6. "Qualified person" means any properly identified patient or client,
     5  guardian  of a person with a developmental disability appointed pursuant
     6  to article seventeen-A  of  the  surrogate's  court  procedure  act,  or
     7  committee  for  an  incompetent  appointed pursuant to this chapter or a
     8  parent of an infant, or a guardian of an infant  appointed  pursuant  to
     9  article seventeen of the surrogate's court procedure act or other legal-
    10  ly appointed guardian of an infant who may be entitled to request access
    11  to  a  clinical record pursuant to paragraph three of subdivision (b) of
    12  this section, or a parent, spouse, adult child, or adult sibling  of  an
    13  adult patient or client who may be entitled to request access to a clin-
    14  ical  record  pursuant  to  paragraph  four  of  subdivision (b) of this
    15  section, or a direct descendant of a former patient or  client  who  has
    16  been deceased for a period of fifty years or longer.
    17    § 2. This act shall take effect immediately.




         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15122-01-4