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

                                  9406

                          I N  A S S E M B L Y

                              March 1, 2016
                               ___________

Introduced  by M. of A. BLAKE -- read once and referred to the Committee
  on Correction

AN ACT to amend the correction law, in relation to medical authorization
  forms to disclose private medical information for people in the custo-
  dy of the department of corrections and community supervision

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 71 of the correction law is amended by adding a new
subdivision 9 to read as follows:
  9.  (A)  ANY  PERSON  WHO  IS  IN  THE CUSTODY OF THE DEPARTMENT SHALL
RECEIVE AN OPPORTUNITY TO COMPLETE AN  AUTHORIZATION  FORM  TO  DISCLOSE
PRIVATE  MEDICAL  INFORMATION AND MENTAL HEALTH TREATMENT INFORMATION TO
ANY NEXT OF KIN OR OTHER REPRESENTATIVE OF HIS OR HER CHOICE  UPON  SUCH
PERSON'S ARRIVAL AT A DESIGNATED RECEPTION FACILITY AND UPON ORIENTATION
CONDUCTED  AT ANY FACILITY AS A RESULT OF ANY TRANSFER DURING THE COURSE
OF SUCH PERSON'S INCARCERATION.  SUCH AUTHORIZATION SHALL  BE  IN  FORCE
UNTIL  THE  INMATE IS TRANSFERRED, DIES OR REVOKES SUCH AUTHORIZATION IN
WRITING. SUCH AUTHORIZATION MAY BE REVISED OR REVOKED  UPON  REQUEST  BY
THE INMATE.
  (B)  (I)  THE COMMISSIONER SHALL PROVIDE A COPY OF SUCH FULLY EXECUTED
AUTHORIZATION TO THE INMATE AND A FULLY EXECUTED ORIGINAL  FORM  TO  THE
PERSON AUTHORIZED AT SUCH ADDRESS AS THE INMATE MAY PROVIDE.
  (II)  THE  COMMISSIONER  SHALL KEEP A FULLY EXECUTIVE ORIGINAL OF SUCH
AUTHORIZATION FORM IN THE INMATE'S PERSONAL MEDICAL RECORD.
  (III) SUCH NEXT OF KIN OR OTHER REPRESENTATIVE AUTHORIZED ACCESS IS TO
BE PROVIDED WITH SUCH INMATE'S PROTECTED HEALTH INFORMATION AS  GOVERNED
BY THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996, ALSO
KNOWN AS HIPAA, 42 USC 1320D, 45 CFR 160-164, AND SECTIONS SEVENTEEN AND
TWENTY-SEVEN HUNDRED EIGHTY-TWO OF THE PUBLIC HEALTH LAW. ANY PHYSICIAN,
HEALTH  CARE PROFESSIONAL, DENTIST, HEALTH PLAN, HOSPITAL, CLINIC, LABO-
RATORY, PHARMACY OR OTHER HEALTH CARE PROVIDER IS HEREBY  AUTHORIZED  TO
GIVE,  DISCLOSE AND RELEASE TO THE APPOINTED NEXT OF KIN OR OTHER REPRE-
SENTATIVE  ALL  OF  SUCH  INMATE'S  HEALTH  INFORMATION  NOT   OTHERWISE
RESTRICTED BY LAW.

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

                                                           LBD13877-01-6

A. 9406                             2

  (IV)  WHERE  AN  INMATE  IS  UNDER  THE  CARE  OF THE OFFICE OF MENTAL
HYGIENE, AN AUTHORIZATION FOR RELEASE OF INFORMATION PURSUANT TO SECTION
33.13 OF THE MENTAL HYGIENE LAW SHALL PROVIDE ANY NEXT OF KIN  OR  OTHER
REPRESENTATIVE  AUTHORIZED  WHO  HAS OBTAINED SUCH CONSENT DISCLOSURE OF
INFORMATION RELATING TO THE CARE AND TREATMENT OF THE PATIENT.
  (V)  THE  COMMISSIONER SHALL ENSURE THAT COPIES OF SUCH FORM ARE MAIN-
TAINED IN ALL OF ITS FACILITIES' LAW LIBRARIES.
  (C) THE COMMISSIONER SHALL CONSULT WITH, AND BE ENTITLED  TO  RECEIVE,
THE  ASSISTANCE  OF THE COMMISSIONER OF MENTAL HYGIENE AND THE EXECUTIVE
DIRECTOR OF THE JUSTICE CENTER FOR THE PROTECTION OF PEOPLE WITH SPECIAL
NEEDS IN THE IMPLEMENTATION OF THIS SUBDIVISION.
  S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law; provided, however, that effective immediate-
ly, the addition, amendment and/or repeal of any  rules  or  regulations
necessary  for  the  implementation of this act on its effective date is
authorized to be made on or before such effective date.