Assembly Bill A5924

2013-2014 Legislative Session

Authorizes the release of certain records pertaining to deceased residents of OPWDD operated or certified facilities to family members

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2013-A5924 (ACTIVE) - Details

See Senate Version of this Bill:
S5224
Current Committee:
Assembly Mental Health
Law Section:
Mental Hygiene Law
Laws Affected:
Amd ยงยง13.09 & 33.13, Ment Hyg L
Versions Introduced in Other Legislative Sessions:
2009-2010: S3485
2011-2012: A8471, S3168
2015-2016: A1090, S3636
2017-2018: A2410, S685
2019-2020: A3165

2013-A5924 (ACTIVE) - Summary

Authorizes the release of certain records pertaining to deceased residents of the office for people with developmental disabilities operated or certified facilities to family members.

2013-A5924 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5924

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              March 8, 2013
                               ___________

Introduced  by M. of A. ORTIZ -- read once and referred to the Committee
  on Mental Health

AN ACT to amend the mental hygiene law, in relation to  authorizing  the
  release  of certain records of deceased residents of OPWDD operated or
  certified 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:

  Section  1. Subdivision (f) of section 13.09 of the mental hygiene law
is relettered subdivision (h) and a new subdivision (f) is added to read
as follows:
  (F) NOTWITHSTANDING THE PROVISIONS OF SECTIONS 33.13 AND 33.16 OF THIS
CHAPTER, THE COMMISSIONER SHALL  PROMULGATE  REGULATIONS  TO  COVER  THE
RELEASE  OF  CERTAIN  RECORDS  PERTAINING  TO  A DECEASED INDIVIDUAL WHO
RESIDED IN A FACILITY OPERATED OR CERTIFIED BY  THE  OFFICE.  THE  REGU-
LATIONS  SHALL  SPECIFY  WHICH  INFORMATION  SHALL BE RELEASED AND SHALL
INCLUDE SUCH RECORDS AS  THE  INDIVIDUAL'S  NAME;  DATES  OF  ADMISSION,
DISCHARGE,  BIRTH  AND  DEATH;  CAUSE  OF DEATH; TREATMENT, AND SERVICES
PROVIDED; EMPLOYMENT; AND RESIDENTIAL HISTORY TO FAMILY MEMBERS,  UNLESS
THE  DECEASED  INDIVIDUAL,  OR  IN  THE CASE OF AN INDIVIDUAL WHO LACKED
CAPACITY TO CONSENT TO THE RELEASE OF HIS OR HER  RECORDS,  A  QUALIFIED
PERSON  AS  DEFINED IN PARAGRAPH SIX OF SUBDIVISION (A) OF SECTION 33.16
OF THIS CHAPTER, HAD PREVIOUSLY OBJECTED TO THE RELEASE OF  HIS  OR  HER
RECORDS AND SUCH OBJECTION WAS IN WRITING OR OTHERWISE DOCUMENTED IN THE
INDIVIDUAL'S  SERVICES PLAN AND HAD NOT BEEN WITHDRAWN, THE COMMISSIONER
SHALL NOT AUTHORIZE THE RELEASE OF SUCH RECORDS.
  S 2. Subdivision (c) of section 33.13 of the  mental  hygiene  law  is
amended by adding a new paragraph 16 to read as follows:
  16.    UPON  WRITTEN REQUEST BY THE PHYSICIAN OF A FAMILY MEMBER OF AN
INDIVIDUAL, WHO HAS A DEMONSTRABLE MEDICAL NEED FOR SUCH INFORMATION  AS
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.
                                                           LBD09574-01-3

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