S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3633
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 28, 2021
                                ___________
 
 Introduced by M. of A. GUNTHER, O'DONNELL, SANTABARBARA -- 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  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:
 
   Section 1. Section 7.09 of the mental hygiene law is amended by adding
 a new subdivision (m) to read as follows:
   (M) NOTWITHSTANDING THE PROVISIONS OF SECTIONS 33.13 AND 33.16 OF THIS
 CHAPTER, THE COMMISSIONER SHALL  PROMULGATE  REGULATIONS  IN  ACCORDANCE
 WITH  THE FEDERAL HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF
 1996, AND ANY REGULATIONS PROMULGATED THEREUNDER, GOVERNING THE  RELEASE
 OF  CERTAIN RECORDS PERTAINING TO A DECEASED INDIVIDUAL WHO RESIDED IN A
 FACILITY OPERATED OR CERTIFIED BY  THE  OFFICE.  THE  REGULATIONS  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. SUCH RECORDS MAY BE PROVIDED TO FAMILY  MEMBERS
 UPON  WRITTEN  REQUEST. THE COMMISSIONER SHALL NOT AUTHORIZE THE RELEASE
 OF SUCH RECORDS WHERE THE DECEASED INDIVIDUAL 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 WITHDRAWN. 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  MAY
 OBJECT TO SUCH RELEASE.
   §  2.  Subdivision  (c)  of section 33.13 of the mental hygiene law is
 amended by adding a new paragraph 18 to read as follows:
   18. UPON WRITTEN REQUEST BY THE PHYSICIAN OF A  FAMILY  MEMBER  OF  AN
 INDIVIDUAL,  WHO HAS A DEMONSTRABLE MEDICAL NEED FOR SUCH INFORMATION AS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02511-01-1

 A. 3633                             2
 
 IT IS RELEVANT TO THE FAMILY MEMBER'S OWN HEALTH CARE. THE  COMMISSIONER
 SHALL  PROMULGATE  REGULATIONS  TO  DEFINE FAMILY MEMBER FOR PURPOSES OF
 THIS SECTION.
   § 3. This act shall take effect immediately; provided that section one
 of  this act shall take effect on the one hundred eightieth day after it
 shall have become a law.