Assembly Bill A1090A

2015-2016 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

Sponsored By

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

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions

Bill Amendments

2015-A1090 - Details

See Senate Version of this Bill:
S3636
Current Committee:
Assembly Mental Health
Law Section:
Mental Hygiene Law
Laws Affected:
Amd §§13.09 & 33.13, Ment Hyg L
Versions Introduced in Other Legislative Sessions:
2009-2010: S3485
2011-2012: A8471, S3168
2013-2014: A5924, S5224
2017-2018: A2410, S685
2019-2020: A3165

2015-A1090 - 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.

2015-A1090 - Bill Text download pdf 

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

                                  1090

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             January 8, 2015
                               ___________

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 17 to read as follows:
  17.    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.
                                                           LBD04385-01-5

2015-A1090A (ACTIVE) - Details

See Senate Version of this Bill:
S3636
Current Committee:
Assembly Mental Health
Law Section:
Mental Hygiene Law
Laws Affected:
Amd §§13.09 & 33.13, Ment Hyg L
Versions Introduced in Other Legislative Sessions:
2009-2010: S3485
2011-2012: A8471, S3168
2013-2014: A5924, S5224
2017-2018: A2410, S685
2019-2020: A3165

2015-A1090A (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.

2015-A1090A (ACTIVE) - Bill Text download pdf 

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

                                 1090--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             January 8, 2015
                               ___________

Introduced  by M. of A. ORTIZ -- read once and referred to the Committee
  on Mental Health -- recommitted to the Committee on Mental  Health  in
  accordance  with Assembly Rule 3, sec. 2 -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

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 18 to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04385-03-6

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.