NY State Senate Bill 2015-S6892

Senate Bill S6892

Vetoed By Governor

2015-2016 Legislative Session

Relates to medical authorization forms to disclose private medical information for people in the custody of the department of corrections and community supervision

download bill text pdf

Archive: Last Bill Status Via A9406 - Vetoed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Vetoed By Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Nov 28, 2016	tabled vetoed memo.244
Nov 16, 2016	delivered to governor
Jun 09, 2016	returned to assembly passed senate 3rd reading cal.1627 substituted for s6892
Jun 09, 2016	substituted by a9406 ordered to third reading cal.1627 committee discharged and committed to rules
Mar 03, 2016	referred to crime victims, crime and correction

Votes

- Jun 9, 2016 - Floor Vote
  A9406
  
  61
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 9, 2016
      
      aye (61)
      
      Addabbo Jr.
      
      Akshar
      
      Amedore
      
      Avella
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Dilan
      
      Espaillat
      
      Farley
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      Kaminsky
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Montgomery
      
      Murphy
      
      Nozzolio
      
      O'Mara
      
      Ortt
      
      Parker
      
      Peralta
      
      Perkins
      
      Persaud
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Venditto
      
      Young
      
      excused (2)
      
      Diaz
      
      Panepinto
  Jun 9, 2016 - Rules Committee Vote
  S6892
  
  22
  
  Aye
  
  1
  
  Nay
  
  1
  
  Aye with Reservations
  
  1
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 9, 2016
      
      aye (22)
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Dilan
      
      Espaillat
      
      Farley
      
      Flanagan
      
      Gianaris
      
      Hannon
      
      Hassell-Thompson
      
      Krueger
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Montgomery
      
      Nozzolio
      
      Parker
      
      Perkins
      
      Robach
      
      Stewart-Cousins
      
      Valesky
      
      nay (1)
      
      Seward
      
      aye wr (1)
      
      LaValle
      
      absent (1)
      
      Bonacic

2015-S6892 (ACTIVE) - Details

See Assembly Version of this Bill:: A9406
Law Section:: Correction Law
Laws Affected:: Amd §71, Cor L

2015-S6892 (ACTIVE) - Summary

Relates to medical authorization forms to disclose private medical information for people in the custody of the department of corrections and community supervision to any next of kin or other representative; provides such authorization shall remain in force until inmate is transferred, dies or revokes such authorization in writing.

2015-S6892 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S6892

 TITLE OF BILL :

An act to amend the correction law, in relation to medical
authorization forms to disclose private medical information for people
in the custody of the department of corrections and community
supervision

 PURPOSE :

This bill reintroduces the major provisions of bill S5428A and
codifies provisions offered by the Executive in his veto memo 272 of
2015.

This bill would require the department of corrections and community
supervision (DOCCS) to provide incarcerated individuals with forms to
disclose medical information and mental health treatment information,
and to provide persons appointed to receive such disclosures a copy of
the authorization form.

 SUMMARY OF PROVISIONS :

Section one of the bill requires DOCCS to:

1. Provide forms to disclose medical information and mental health

treatment information to inmates upon their arrival at a reception
facility and each transfer to a new facility so that inmates may opt
to appoint a family member or other person to receive such
information;

2. Provide a copy of the fully executed form to the inmate and mail an
original form to whomever the inmate has authorized to the address
provided by the inmate. Further, section one codifies provisions
offered by the Executive in his veto memo which would require DOCCS
to:

3. Keep the authorization form in the inmate's medical file so that
the form is accessible in times of emergency; and

4. Ensure that copies of this form are maintained in all its facility
law libraries.

Section two of the bill is the effective date.

 JUSTIFICATION :

The provisions offered by the Executive in his veto memo, that is, to
keep the authorization forms in inmate medical files and to put blank
forms in facility libraries, are helpful but insufficient.

 LEGISLATIVE HISTORY :

This bill is an amended version of S5428A of 2015 which was vetoed in
Memo 272.
S54248A: Passed the Senate unanimously.

 FISCAL IMPLICATIONS :

Negligible cost to the state.

 EFFECTIVE DATE :
This act shall take effect on the one hundred twentieth day after it
shall have become a law. Effective immediately, the addition,
amendment and/or repeal of any rules or regulations necessary for the
implementation of the foregoing section of this act on its effective
date is authorized to be made on or before such effective date.

2015-S6892 (ACTIVE) - Bill Text download pdf

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

                                  6892

                            I N  S E N A T E

                              March 3, 2016
                               ___________

Introduced  by  Sen.  RIVERA -- read twice and ordered printed, and when
  printed to be committed to the Committee on Crime Victims,  Crime  and
  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-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13877-01-6

S. 6892                             2

SENTATIVE   ALL  OF  SUCH  INMATE'S  HEALTH  INFORMATION  NOT  OTHERWISE
RESTRICTED BY LAW.
  (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.

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