S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4973
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                    April 27, 2015
                                      ___________
       Introduced  by  Sen.  ORTT  --  read twice and ordered printed, and when
         printed to be committed to the Committee on Mental Health and Develop-
         mental Disabilities
       AN ACT to amend the mental hygiene law, in relation to  authorizing  the
         release  of  certain  records  of  deceased residents of mental health
         facilities to family members upon written request
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 7.09 of the mental hygiene law is amended by adding
    2  a new subdivision (k) to read as follows:
    3    (K) NOTWITHSTANDING THE PROVISIONS OF SECTIONS 33.13 AND 33.16 OF THIS
    4  CHAPTER,  THE  COMMISSIONER  SHALL  PROMULGATE REGULATIONS GOVERNING THE
    5  RELEASE OF CERTAIN RECORDS  PERTAINING  TO  A  DECEASED  INDIVIDUAL  WHO
    6  RESIDED  IN  A  FACILITY  OPERATED OR CERTIFIED BY THE OFFICE. THE REGU-
    7  LATIONS SHALL SPECIFY WHICH INFORMATION  SHALL  BE  RELEASED  AND  SHALL
    8  INCLUDE  SUCH  RECORDS  AS  THE  INDIVIDUAL'S  NAME; DATES OF ADMISSION,
    9  DISCHARGE, BIRTH AND DEATH;  CAUSE  OF  DEATH;  TREATMENT  AND  SERVICES
   10  PROVIDED;  EMPLOYMENT;  AND  RESIDENTIAL  HISTORY.  SUCH  RECORDS MAY BE
   11  PROVIDED TO FAMILY MEMBERS UPON WRITTEN REQUEST. THE COMMISSIONER  SHALL
   12  NOT  AUTHORIZE THE RELEASE OF SUCH RECORDS WHERE THE DECEASED INDIVIDUAL
   13  HAD PREVIOUSLY OBJECTED TO THE RELEASE OF HIS OR HER  RECORDS  AND  SUCH
   14  OBJECTION  WAS  IN  WRITING  OR OTHERWISE DOCUMENTED IN THE INDIVIDUAL'S
   15  SERVICES PLAN AND HAD NOT BEEN WITHDRAWN. IN THE CASE OF  AN  INDIVIDUAL
   16  WHO  LACKED  CAPACITY TO CONSENT TO THE RELEASE OF HIS OR HER RECORDS, A
   17  QUALIFIED PERSON AS DEFINED IN  PARAGRAPH  SIX  OF  SUBDIVISION  (A)  OF
   18  SECTION 33.16 OF THIS CHAPTER MAY OBJECT TO SUCH RELEASE.
   19    S  2.  Subdivision  (c)  of section 33.13 of the mental hygiene law is
   20  amended by adding a new paragraph 17 to read as follows:
   21    17. UPON WRITTEN REQUEST BY THE PHYSICIAN OF A  FAMILY  MEMBER  OF  AN
   22  INDIVIDUAL,  WHO HAS A DEMONSTRABLE MEDICAL NEED FOR SUCH INFORMATION AS
   23  IT IS RELEVANT TO THE FAMILY MEMBER'S OWN HEALTH CARE. THE  COMMISSIONER
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10581-01-5
       S. 4973                             2
    1  SHALL  PROMULGATE  REGULATIONS  TO  DEFINE FAMILY MEMBER FOR PURPOSES OF
    2  THIS SECTION.
    3    S 3. This act shall take effect immediately; provided that section one
    4  of  this act shall take effect on the one hundred eightieth day after it
    5  shall have become a law.