LBD15173-03-2
A. 9963 2
a person in parental relation to a child may consent to any medical,
dental, health and hospital services for such child for which consent is
otherwise required [which are not: (a) major medical treatment as
defined in subdivision (a) of section 80.03 of the mental hygiene law;
(b) electroconvulsive therapy; or (c) the withdrawal or discontinuance
of medical treatment which is sustaining life functions].
3. Any person who is pregnant may give effective consent for medical,
dental, health and hospital services relating to prenatal care.
4. Medical, dental, health and hospital services may be rendered to
persons of any age without the consent of a parent, legal guardian or
person possessing a lawful order of custody when, in the [physician's]
PRACTITIONER'S judgment an emergency exists and the person is in immedi-
ate need of medical attention and an attempt to secure consent would
result in delay of treatment which would increase the risk to the
person's life or health.
5. Where not otherwise already authorized by law to do so, any person
in a parental relation to a child as defined in section twenty-one
hundred sixty-four of this chapter and, [(i)] (A) a grandparent, an
adult brother or sister, an adult aunt or uncle, any of whom has assumed
care of the child and, [(ii)] (B) an adult who has care of the child and
has written authorization to consent from a person in a parental
relation to a child as defined in section twenty-one hundred sixty-four
of this chapter, may give effective consent for the immunization of a
child. However, a person other than one in a parental relation to the
child shall not give consent under this subdivision if [he or she has]
THEY HAVE reason to believe that a person in parental relation to the
child as defined in section twenty-one hundred sixty-four of this chap-
ter objects to the immunization. HOWEVER, A CHILD WHO MAY GIVE EFFECTIVE
CONSENT UNDER THIS SECTION MAY GIVE EFFECTIVE CONSENT TO THEIR OWN
IMMUNIZATION, AND THE CONSENT OF NO OTHER PERSON SHALL BE NECESSARY.
6. Anyone who acts in good faith based on the representation by a
person that [he is] THEY ARE eligible to consent pursuant to the terms
of this section shall be deemed to have received effective consent.
7. No person shall perform a pelvic examination or supervise the
performance of a pelvic examination on an anesthetized or unconscious
patient unless the person performing the pelvic examination is legally
authorized to do so and the person supervising the performance of the
pelvic examination is legally authorized to do so and:
(a) the patient or the patient's authorized representative gives prior
oral or written informed consent specific to the pelvic examination;
(b) the performance of a pelvic examination is within the scope of
care for the surgical procedure or diagnostic examination scheduled to
be performed on the patient and to which the patient has already given
oral or written consent; or
(c) the patient is unconscious and the pelvic examination is medically
necessary for diagnostic or treatment purposes, and the patient is in
immediate need of medical attention and an attempt to secure consent
would result in a delay of treatment which would increase the risk to
the patient's life or health.
Nothing in this subdivision diminishes any other requirement to obtain
informed consent for a pelvic examination or any other procedure.
§ 2. Subdivision (a) of section 9.13 of the mental hygiene law, as
amended by chapter 465 of the laws of 1992, is amended to read as
follows:
(a) The director of any hospital may receive as a voluntary patient
any suitable person in need of care and treatment, who voluntarily makes
A. 9963 3
written application therefor. If the person is under sixteen years of
age, the person may be received as a voluntary patient [only] on the
application of the parent, legal guardian, or next-of-kin of such
person[, or,]; subject to the terms of any court order or any instrument
executed pursuant to section three hundred eighty-four-a of the social
services law, a social services official or authorized agency with care
and custody of such person pursuant to the social services law, the
director of the division for youth, acting in accordance with section
five hundred nine of the executive law, or a person or entity having
custody of the person pursuant to an order issued pursuant to section
seven hundred fifty-six or one thousand fifty-five of the family court
act; OR ON THEIR OWN APPLICATION, IF THEY MAY GIVE EFFECTIVE CONSENT
UNDER SECTION TWO THOUSAND FIVE HUNDRED FOUR OF THE PUBLIC HEALTH LAW.
If the person is over sixteen and under eighteen years of age, the
director may, in [his] THEIR discretion, admit such person either as a
voluntary patient on [his] THEIR own application or on the application
of the person's parent, legal guardian, next-of-kin, or, subject to the
terms of any court order or any instrument executed pursuant to section
three hundred eighty-four-a of the social services law, a social
services official or authorized agency with care and custody of such
person pursuant to the social services law, the director of the division
for youth, acting in accordance with section five hundred nine of the
executive law, provided that such person knowingly and voluntarily
consented to such application in accordance with such section, or a
person or entity having custody of the person pursuant to an order
issued pursuant to section seven hundred fifty-six or one thousand
fifty-five of the family court act.
§ 3. Subdivisions (b) and (c) of section 22.11 of the mental hygiene
law, as added by chapter 558 of the laws of 1999, are amended to read as
follows:
(b) In treating a minor for chemical dependence on an inpatient, resi-
dential, or outpatient basis, the important role of the parents or guar-
dians shall be recognized. Steps shall be taken to involve the parents
or guardians in the course of treatment, and consent from such a person
for inpatient, residential, or outpatient treatment for minors shall be
required, except as otherwise provided by subdivision (c) of this
section OR SECTION TWO THOUSAND FIVE HUNDRED FOUR OF THE PUBLIC HEALTH
LAW.
(c) Minors admitted for inpatient, residential or outpatient treatment
without parental or guardian involvement.
1. If, in the judgment of a [physician] QUALIFIED HEALTH PROFESSIONAL,
parental or guardian involvement and consent would have a detrimental
effect on the course of treatment of a minor who is voluntarily seeking
treatment for chemical dependence or if a parent or guardian refuses to
consent to such treatment and the [physician] QUALIFIED HEALTH PROFES-
SIONAL believes that such treatment is necessary for the best interests
of the child, such treatment may be provided to the minor by a [licensed
physician] QUALIFIED HEALTH PROFESSIONAL on an inpatient, residential or
outpatient basis, a staff [physician] HEALTH PROFESSIONAL in a hospital,
or persons operating under their supervision, without the consent or
involvement of the parent or guardian. Such [physician] QUALIFIED HEALTH
PROFESSIONAL shall fully document the reasons why the requirements of
subdivision (b) of this section were dispensed within the minor's
medical record[, provided, however, that for providers of services which
are not required to include physicians on staff, pursuant to regulations
promulgated by the commissioner, a qualified health professional, as
A. 9963 4
defined in such regulations, shall fulfill the role of a physician for
purposes of this paragraph].
2. If the provider of services cannot locate the parents or guardians
of a minor seeking treatment for chemical dependence after employing
reasonable measures to do so, or if such parents or guardians refuse or
fail to communicate with the provider of services within a reasonable
time regarding the minor's treatment, the program director may authorize
that such minor be treated on an inpatient, residential or outpatient
basis by the provider of services without the consent or involvement of
the parent or guardian. Such program director shall fully document the
reasons why the requirements of subdivision (b) of this section were
dispensed within the minor's medical record, including an explanation of
all efforts employed to attempt to contact such parents or guardians.
3. IF THE MINOR MAY GIVE EFFECTIVE CONSENT UNDER SECTION TWO THOUSAND
FIVE HUNDRED FOUR OF THE PUBLIC HEALTH LAW, SUCH TREATMENT MAY BE
PROVIDED TO THE MINOR BY A QUALIFIED HEALTH PROFESSIONAL ON AN INPA-
TIENT, RESIDENTIAL OR OUTPATIENT BASIS, A STAFF HEALTH PROFESSIONAL IN A
HOSPITAL, OR PERSONS OPERATING UNDER THEIR SUPERVISION, WITHOUT THE
CONSENT OR INVOLVEMENT OF THE PARENT OR GUARDIAN.
4. Admission and discharge for inpatient or residential treatment
shall be made in accordance with subdivision (d) of this section.
§ 4. Section 33.21 of the mental hygiene law, as added by chapter 790
of the laws of 1983, subdivisions (a), (b) and (c) as amended and subdi-
vision (e) as added by chapter 461 of the laws of 1994, is amended to
read as follows:
§ 33.21 Consent for mental health treatment of minors.
(a) For the purposes of this section:
(1) "minor" shall mean a person under eighteen years of age, but shall
not include a person who is the parent of a child, emancipated, has
married or is on voluntary status on [his or her] THEIR own application
pursuant to section 9.13 of this chapter;
(2) "mental health practitioner" shall mean a physician, a licensed
psychologist, or persons providing MENTAL HEALTH services under the
supervision of a physician in a facility operated or licensed by the
office of mental health OR PROVIDING OUTPATIENT MENTAL HEALTH SERVICES;
(3) "outpatient mental health services" shall mean [those services
provided in an outpatient program licensed or operated pursuant to the
regulations of the commissioner of] mental health SERVICES PROVIDED TO A
PERSON THAT OCCUR IN A COMMUNITY LOCATION AND/OR IN AN AMBULATORY CARE
SETTING SUCH AS A MENTAL HEALTH CENTER OR SUBSTANCE USE DISORDER CLINIC,
HOSPITAL OUTPATIENT DEPARTMENT, COMMUNITY HEALTH CENTER, OR PRACTITION-
ER'S OFFICE, OR VIA TELEHEALTH. THE SERVICES MAY ALSO BE PROVIDED AT A
PERSON'S HOME OR SCHOOL. TREATMENT AT THIS LEVEL CAN INCLUDE PSYCHOTHER-
APY AND/OR MEDICATION MANAGEMENT. THESE SERVICES CAN BE DELIVERED IN AN
INDIVIDUAL, FAMILY, OR GROUP SETTING;
(4) "reasonably available" shall mean a parent or guardian can be
contacted with diligent efforts by a mental health practitioner; and
(5) "capacity" shall mean the minor's ability to understand and appre-
ciate the nature and consequences of the proposed treatment, including
the benefits and risks of, and alternatives to, such proposed treatment,
and to reach an informed decision.
(b) In providing outpatient mental health services to a minor, [or
psychotropic medications to a minor residing in a hospital,] the impor-
tant role of the parents or guardians shall be recognized. As clinically
appropriate, steps shall be taken to actively involve the parents or
guardians, and the consent of such persons shall be required for such
A. 9963 5
treatment in non-emergency situations, except as provided in subdivi-
sions (c), (d) and (e) of this section or section two thousand five
hundred four of the public health law.
(c) A mental health practitioner may provide outpatient mental health
services[, other than those treatments and procedures for which consent
is specifically required by section 33.03 of this article,] to a minor
voluntarily seeking such services without parental or guardian consent
if the mental health practitioner determines that:
(1) THE MINOR MAY GIVE EFFECTIVE CONSENT UNDER SECTION TWO THOUSAND
FIVE HUNDRED FOUR OF THE PUBLIC HEALTH LAW; OR
(2) the minor is knowingly and voluntarily seeking such services; and
[(2)] (3) provision of such services is clinically indicated and
necessary to the minor's well-being; and
[(3)] (4) (i) a parent or guardian is not reasonably available; or
(ii) requiring parental or guardian consent or involvement would have
a detrimental effect on the course of outpatient treatment; or
(iii) a parent or guardian has refused to give such consent and a
[physician] PRACTITIONER determines that treatment is necessary and in
the best interests of the minor.
The mental health practitioner shall fully document the reasons for
[his or her] THEIR determinations. Such documentation shall be included
in the minor's clinical record, along with a written statement signed by
the minor indicating that [he or she is] THEY ARE voluntarily seeking
services. As clinically appropriate, notice of a determination made
pursuant to subparagraph (iii) of paragraph [three] FOUR of this subdi-
vision shall be provided to the parent or guardian.
(d) A mental health practitioner may provide a minor voluntarily seek-
ing outpatient services an initial interview without parental or guardi-
an consent or involvement to determine whether the criteria of subdivi-
sion (c) of this section are present.
(e) (1) Subject to the regulations of the commissioner of mental
health governing the patient's right to object to treatment, subdivision
(b) of this section and paragraph two of this subdivision, the consent
of a parent or guardian or the authorization of a court shall be
required for the non-emergency administration of psychotropic medica-
tions to a minor residing in a hospital UNLESS THE MINOR MAY GIVE EFFEC-
TIVE CONSENT UNDER SECTION TWO THOUSAND FIVE HUNDRED FOUR OF THE PUBLIC
HEALTH LAW.
(2) A minor [sixteen years of age or older] who consents may be admin-
istered psychotropic medications without the consent of a parent or
guardian or the authorization of a court where[:
(i) a parent or guardian is not reasonably available, provided the
treating physician determines that (A) the minor has capacity; and (B)
such medications are in the minor's best interests; or
(ii) requiring consent of a parent or guardian would have a detri-
mental effect on the minor, provided the treating physician and a second
physician who specializes in psychiatry and is not an employee of the
hospital determine that (A) such detrimental effect would occur; (B) the
minor has capacity; and (C) such medications are in the minor's best
interests; or
(iii) the parent or guardian has refused to give such consent,
provided the treating physician and a second physician who specializes
in psychiatry and is not an employee of the hospital determine that (A)
the minor has capacity; and (B) such medications are in the minor's best
interests. Notice of the decision to administer psychotropic medications
pursuant to this subparagraph shall be provided to the parent or guardi-
A. 9963 6
an] THE MINOR MAY GIVE EFFECTIVE CONSENT UNDER SECTION TWO THOUSAND FIVE
HUNDRED FOUR OF THE PUBLIC HEALTH LAW.
(3) The reasons for an exception authorized pursuant to paragraph two
of this subdivision shall be fully documented and such documentation
shall be included in the minor's clinical record.
§ 5. Subdivision 8 of section 372 of the social services law, as
amended by chapter 684 of the laws of 1996, is amended to read as
follows:
8. In any case where a child is to be placed with or discharged to a
relative or other person legally responsible pursuant to section ten
hundred seventeen or ten hundred fifty-five of the family court act,
such relative or other person shall be provided with such information by
an authorized agency as is provided to foster parents pursuant to this
section and applicable regulations of the department; PROVIDED, HOWEVER,
THAT NO INFORMATION ABOUT ANY MEDICAL, DENTAL, HEALTH, OR HOSPITAL
SERVICE A CHILD HAS CONSENTED TO THEMSELF SHALL BE INCLUDED WITHOUT THE
CHILD'S AUTHORIZATION. A CHILD MAY CONSENT TO DISCLOSURE GENERALLY OR
ONLY IN AN EMERGENCY OR MAY WITHHOLD CONSENT ALL TOGETHER.
§ 6. Section 373-a of the social services law, as amended by chapter
305 of the laws of 2008, is amended to read as follows:
§ 373-a. Medical histories. Notwithstanding any other provision of law
to the contrary, to the extent they are available, the medical histories
of a child legally freed for adoption or of a child to be placed in
foster care and of [his or her] THEIR birth parents, with information
identifying such birth parents eliminated, shall be provided by an
authorized agency to such child's prospective adoptive parent or foster
parent and upon request to the adoptive parent or foster parent when
such child has been adopted or placed in foster care; PROVIDED, HOWEVER,
THAT NO INFORMATION ABOUT ANY MEDICAL, DENTAL, HEALTH, OR HOSPITAL
SERVICE A CHILD HAS CONSENTED TO THEMSELF SHALL BE INCLUDED WITHOUT THE
CHILD'S AUTHORIZATION. A CHILD MAY CONSENT TO DISCLOSURE GENERALLY OR
ONLY IN AN EMERGENCY OR MAY WITHHOLD CONSENT ALL TOGETHER. To the extent
they are available, the medical histories of a child in foster care and
of [his or her] THEIR birth parents shall be provided by an authorized
agency to such child when discharged to [his or her] THEIR own care and
upon request to any adopted former foster child; provided, however,
medical histories of birth parents shall be provided to an adoptee with
information identifying such birth parents eliminated. Such medical
histories shall include all available information setting forth condi-
tions or diseases believed to be hereditary, any drugs or medication
taken during pregnancy by the child's birth mother and any other infor-
mation, including any psychological information in the case of a child
legally freed for adoption or when such child has been adopted, or in
the case of a child to be placed in foster care or placed in foster care
which may be a factor influencing the child's present or future health.
The department shall promulgate and may alter or amend regulations
governing the release of medical histories pursuant to this section.
§ 7. The social services law is amended by adding a new section 373-b
to read as follows:
§ 373-B. REPRODUCTIVE AND SEXUAL HEALTH CARE SERVICES AND INFORMATION.
1. EACH FOSTER PARENT MUST BE ADVISED, IN WRITING, INITIALLY AND ANNUAL-
LY THEREAFTER, OF THE AVAILABILITY OF SOCIAL, EDUCATIONAL AND MEDICAL
REPRODUCTIVE AND SEXUAL HEALTH CARE SERVICES AND INFORMATION BY MEANS OF
A LETTER OR BROCHURE DESIGNED FOR THIS PURPOSE.
2. AN AUTHORIZED AGENCY AS DEFINED IN THIS TITLE SHALL OFFER AGE AND
DEVELOPMENTALLY APPROPRIATE REPRODUCTIVE AND SEXUAL HEALTH CARE SERVICES
A. 9963 7
AND INFORMATION TO ALL FOSTER CHILDREN WHO ARE OR MAY BE SEXUALLY ACTIVE
OR WHO REQUEST SUCH SERVICES OR INFORMATION THROUGH THE AGENCY'S CASE-
WORKER CONTACT AND AS PART OF THE COMPREHENSIVE SERVICE PLAN FOR EACH
CHILD. SUCH AN OFFER MAY BE MADE ORALLY TO THE CHILD AS LONG AS IT IS
ALSO MADE IN WRITING, BY MEANS OF A LETTER OR BROCHURE DESIGNED FOR THIS
PURPOSE. IF SUCH A PLAN IS DEVELOPED BY A SOCIAL SERVICES DISTRICT, THE
DISTRICT MUST CONTINUE TO MONITOR THE PARTICULAR AGENCY'S PROGRAM IMPLE-
MENTATION, TO ENSURE THAT THE OFFER IS BEING MADE IN WRITING AND THAT
REQUESTED SERVICES ARE PROVIDED WITHIN THIRTY DAYS, AND TO REQUIRE AND
COLLECT REPORTS AND DATA FROM THE AGENCY.
3. SERVICES AND INFORMATION OFFERED UNDER THIS SECTION MUST BE
RESPECTFUL AND INCLUSIVE OF ALL FOSTER CHILDREN REGARDLESS OF ACTUAL OR
PERCEIVED RACE, COLOR, WEIGHT, NATIONAL ORIGIN, ETHNIC GROUP, RELIGION,
RELIGIOUS PRACTICE, DISABILITY, SEXUAL ORIENTATION, OR GENDER AS DEFINED
IN SECTION ELEVEN OF THE EDUCATION LAW.
§ 8. Paragraph (c) of subdivision 1 of section 366 of the social
services law is amended by adding a new subparagraph 11 to read as
follows:
(11) A MINOR WHO IS NOT OTHERWISE ELIGIBLE FOR MEDICAL ASSISTANCE
UNDER THIS SECTION WHO CONSENTS TO THEIR OWN MEDICAL, DENTAL, HEALTH AND
HOSPITAL SERVICES UNDER SUBDIVISION TWO OR THREE OF SECTION TWO THOUSAND
FIVE HUNDRED FOUR OF THE PUBLIC HEALTH LAW IS ELIGIBLE FOR STANDARD
COVERAGE ONLY FOR THE SPECIFIC SERVICES CONSENTED TO; PROVIDED THAT THIS
SUBPARAGRAPH ONLY APPLIES IF THE MINOR IS UNABLE TO USE ANOTHER SOURCE
OF HEALTH INSURANCE TO PAY FOR THE SERVICES CONSENTED TO. THE COMMIS-
SIONER OF HEALTH SHALL PROMULGATE SUCH REGULATIONS AS MAY BE NECESSARY
TO CARRY OUT THE PROVISIONS OF THIS SUBPARAGRAPH.
§ 9. Section 17 of the public health law, as amended by section 165 of
the laws of 1991, the first undesignated paragraph as amended by chapter
322 of the laws of 2017, is amended to read as follows:
§ 17. Release of medical records. Upon the written request of any
competent patient, parent or guardian of an infant, a guardian appointed
pursuant to article eighty-one of the mental hygiene law, or conservator
of a conservatee, an examining, consulting or treating physician or
hospital must release and deliver, exclusive of personal notes of the
said physician or hospital, copies of all x-rays, medical records and
test records including all laboratory tests regarding that patient to
any other designated physician or hospital provided, however, that such
records concerning the treatment of an infant patient for venereal
disease [or], the performance of an abortion operation upon such infant
patient, OR ANY MEDICAL, DENTAL, HEALTH AND HOSPITAL SERVICES THAT THE
INFANT PATIENT HAS CONSENTED TO THEMSELF UNDER SECTION TWO THOUSAND FIVE
HUNDRED FOUR OF THIS CHAPTER shall not be released or in any manner be
made available to the parent or guardian of such infant[,]; PROVIDED
FURTHER THAT ANY INFANT PATIENT WHO MAY GIVE EFFECTIVE CONSENT UNDER
SECTION TWO THOUSAND FIVE HUNDRED FOUR OF THIS CHAPTER MAY REQUEST
RELEASE OF THEIR OWN RECORDS AND THE REQUEST OF NO OTHER PERSON SHALL BE
NECESSARY; and provided, further, that original mammograms, rather than
copies thereof, shall be released and delivered. Either the physician or
hospital incurring the expense of providing copies of x-rays, medical
records and test records including all laboratory tests pursuant to the
provisions of this section may impose a reasonable charge to be paid by
the person requesting the release and deliverance of such records as
reimbursement for such expenses, provided, however, that the physician
or hospital may not impose a charge for copying an original mammogram
when the original has been released or delivered to any competent
A. 9963 8
patient, parent or guardian of an infant, a guardian appointed pursuant
to article eighty-one of the mental hygiene law, or a conservator of a
conservatee and provided, further, that any charge for delivering an
original mammogram pursuant to this section shall not exceed the docu-
mented costs associated therewith. However, the reasonable charge for
paper copies shall not exceed seventy-five cents per page. A release of
records under this section shall not be denied solely because of inabil-
ity to pay. No charge may be imposed under this section for providing,
releasing, or delivering medical records or copies of medical records
where requested for the purpose of supporting an application, claim or
appeal for any government benefit or program, provided that, where a
provider maintains medical records in electronic form, it shall provide
the copy in either electronic or paper form, as required by the govern-
ment benefit or program, or at the patient's request.
§ 10. Paragraph (c) of subdivision 3 of section 18 of the public
health law, as added by chapter 497 of the laws of 1986, is amended to
read as follows:
(c) A subject [over the age of twelve years may] SHALL be notified of
any request by a qualified person to review [his/her] THEIR patient
information, and, if the subject objects to disclosure, the provider may
deny the request. In the case of a facility, the treating practitioner
shall be consulted. IN NO EVENT MAY A PROVIDER DISCLOSE INFORMATION
ABOUT ANY MEDICAL, DENTAL, HEALTH, OR HOSPITAL SERVICE AN INFANT HAS
CONSENTED TO THEMSELF TO THE INFANT'S PARENT OR GUARDIAN WITHOUT THE
INFANT'S AUTHORIZATION. AN INFANT MAY CONSENT TO DISCLOSURE TO THEIR
PARENT OR GUARDIAN GENERALLY OR ONLY IN AN EMERGENCY OR MAY WITHHOLD
CONSENT ALL TOGETHER. AN INFANT WHO MAY GIVE EFFECTIVE CONSENT TO
MEDICAL, DENTAL, HEALTH, OR HOSPITAL SERVICES UNDER SECTION TWO THOUSAND
FIVE HUNDRED FOUR OF THIS CHAPTER MAY ALSO GIVE EFFECTIVE CONSENT TO
RELEASE THEIR PATIENT INFORMATION TO ANY PERSON.
§ 11. Paragraph 2 of subdivision (c) of section 33.16 of the mental
hygiene law, as added by chapter 498 of the laws of 1986, is amended to
read as follows:
2. A patient or client [over the age of twelve may] SHALL be notified
of any request by a qualified person to review [his/her] THEIR record
and if the patient or client objects to disclosure, the facility, in
consultation with the treating practitioner may deny the request. IN NO
EVENT MAY A FACILITY, PRACTITIONER, OR TREATING PRACTITIONER DISCLOSE
CLINICAL RECORDS PERTAINING TO TREATMENT AN INFANT PATIENT OR CLIENT
CONSENTED TO THEMSELF TO THE INFANT'S PARENT OR GUARDIAN WITHOUT THE
MINOR'S AUTHORIZATION. AN INFANT PATIENT OR CLIENT MAY CONSENT TO
DISCLOSURE TO THEIR PARENT OR GUARDIAN GENERALLY OR ONLY IN AN EMERGENCY
OR MAY WITHHOLD CONSENT ALL TOGETHER. AN INFANT WHO MAY GIVE EFFECTIVE
CONSENT TO A MEDICAL, DENTAL, HEALTH, OR HOSPITAL SERVICE UNDER SECTION
TWO THOUSAND FIVE HUNDRED FOUR OF THE PUBLIC HEALTH LAW MAY ALSO GIVE
EFFECTIVE CONSENT TO RELEASE THEIR CLINICAL RECORD TO ANY PERSON.
§ 12. Section 3244 of the insurance law is amended by adding a new
subsection (f) to read as follows:
(F) (1) AN INSURER, INCLUDING HEALTH MAINTENANCE ORGANIZATIONS OPERAT-
ING UNDER ARTICLE FORTY-FOUR OF THE PUBLIC HEALTH LAW OR ARTICLE FORTY-
THREE OF THIS CHAPTER AND ANY OTHER CORPORATION OPERATING UNDER ARTICLE
FORTY-THREE OF THIS CHAPTER SHALL TAKE THE FOLLOWING STEPS TO PROTECT
THE CONFIDENTIALITY OF AN INSURED'S, INCLUDING A SUBSCRIBER'S OR
ENROLLEE'S, MEDICAL INFORMATION:
(I) INSURERS SHALL PERMIT AN INSURED WHO CONSENTS TO THEIR OWN
MEDICAL, DENTAL, HEALTH AND HOSPITAL SERVICES UNDER SUBDIVISION TWO OR
A. 9963 9
THREE OF SECTION TWO THOUSAND FIVE HUNDRED FOUR OF THE PUBLIC HEALTH LAW
TO CHOOSE A METHOD OF RECEIVING EXPLANATION OF BENEFITS FORMS THAT
CONTAIN INFORMATION RELATING TO THE RECEIPT OF THE SPECIFIC SERVICES
CONSENTED TO, WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING:
SENDING THE FORM TO THE ADDRESS OF THE SUBSCRIBER; SENDING THE FORM TO
THE ADDRESS OF THE INSURED; SENDING THE FORM TO AN ALTERNATE ADDRESS
DESIGNATED BY THE INSURED; OR SENDING THE FORM THROUGH ELECTRONIC MEANS
WHEN AVAILABLE. WHEN AN INSURED HAS SUBMITTED A REQUEST FOR RECEIVING
EXPLANATION OF BENEFITS FORMS UNDER THIS SECTION AN INSURER IS THEREBY
PROHIBITED FROM SENDING DUPLICATIVE EXPLANATION OF BENEFITS FORMS TO A
NON-SPECIFIED RECIPIENT OR IN A MANNER INCONSISTENT WITH THE REQUEST OF
THE INSURED; AND
(II) INSURERS SHALL NOT IN ANY WAY IDENTIFY THE DIAGNOSIS OR SERVICES
RECEIVED AS RELATES TO MEDICAL, DENTAL, HEALTH AND HOSPITAL SERVICES
UNDER SUBDIVISION TWO OR THREE OF SECTION TWO THOUSAND FIVE HUNDRED FOUR
OF THE PUBLIC HEALTH IN AN EXPLANATION OF BENEFITS FORMS OR IN ANY
ONLINE PORTAL THAT ALLOWS SUBSCRIBERS TO ACCESS CLAIM INFORMATION.
(2) THE DEPARTMENT SHALL DEVELOP AND MAKE AVAILABLE A STANDARDIZED
FORM FOR AN INSURED TO USE TO REQUEST CONFIDENTIAL COMMUNICATIONS THAT
SHALL BE ACCEPTED BY ALL INSURERS.
(3) FOR THE PURPOSES OF THIS SECTION, AN ALTERNATIVE COMMUNICATIONS
REQUEST AS DESCRIBED IN SUBPARAGRAPH (I) OF PARAGRAPH ONE OF THIS
SUBSECTION SHALL BE IMPLEMENTED BY AN INSURER WITHIN SEVEN CALENDAR DAYS
OF RECEIPT OF AN ELECTRONIC TRANSMISSION OR TELEPHONIC REQUEST OR WITHIN
FOURTEEN CALENDAR DAYS OF RECEIPT BY FIRST-CLASS MAIL. AN INSURER SHALL
ACKNOWLEDGE RECEIPT OF THE ALTERNATIVE COMMUNICATIONS REQUEST AND ADVISE
THE INSURED OF THE STATUS OF IMPLEMENTATION OF THE REQUEST IF THE
INSURED CONTACTS THE INSURER.
(4) AN INSURER SHALL NOT CONDITION ENROLLMENT OR COVERAGE ON THE WAIV-
ER OF RIGHTS PROVIDED IN THIS SUBSECTION.
(5) THIS SUBSECTION MAY NOT BE CONSTRUED TO LIMIT ACCEPTANCE BY AN
INSURER OF ANY OTHER FORM OF WRITTEN REQUEST FROM AN INSURED FOR CONFI-
DENTIAL COMMUNICATIONS FROM A CARRIER UNDER 45 C.F.R. § 164.522(B).
§ 13. Paragraph (c) and subparagraph (vi) of paragraph (d) of subdivi-
sion 8 and subdivision 10 of section 2168 of the public health law,
paragraph (c) of subdivision 8 as amended by chapter 420 of the laws of
2014, subparagraph (vi) of paragraph (d) of subdivision 8 as amended by
chapter 154 of the laws of 2013, and subdivision 10 as amended by
section 7 of part A of chapter 58 of the laws of 2009, are amended to
read as follows:
(c) health care providers and their designees, registered professional
nurses, and pharmacists authorized to administer immunizations pursuant
to subdivision two of section sixty-eight hundred one of the education
law shall have access to the statewide immunization information system
and the blood lead information in such system only for purposes of
submission of information about vaccinations received by a specific
registrant, determination of the immunization status of a specific
registrant, determination of the blood lead testing status of a specific
registrant, submission of the results from a blood lead analysis of a
sample obtained from a specific registrant in accordance with paragraph
(h) of subdivision two of this section, review of practice coverage,
generation of reminder notices, quality improvement and accountability
and printing a copy of the immunization or lead testing record for the
registrant's medical record, for the registrant's parent or guardian, or
other person in parental or custodial relation to a child, or for a
registrant [upon reaching eighteen years of age]; PROVIDED, HOWEVER,
A. 9963 10
THAT ANY IMMUNIZATION RECORD PRINTED FOR A REGISTRANT'S PARENT, GUARDI-
AN, OR OTHER PERSON IN A CUSTODIAL RELATION TO A CHILD SHALL EXCLUDE
INFORMATION ABOUT ANY IMMUNIZATION A REGISTRANT HAS CONSENTED TO THEM-
SELF.
(vi) commissioners of local social services districts with regard to a
child in [his/her] THEIR legal custody;
10. The person to whom any immunization record relates, or [his or
her] THEIR parent, or guardian, or other person in parental or custodial
relation to such person may request a copy of an immunization or lead
testing record from the registrant's healthcare provider, the statewide
immunization information system or the citywide immunization registry
according to procedures established by the commissioner or, in the case
of the citywide immunization registry, by the city of New York commis-
sioner of the department of health and mental hygiene; PROVIDED HOWEVER
THAT ANY IMMUNIZATION RECORD PROVIDED TO THE PERSON'S PARENT OR GUARDIAN
OR OTHER PERSON IN A PARENTAL OR CUSTODIAL RELATION TO SUCH PERSON SHALL
EXCLUDE INFORMATION ABOUT ANY IMMUNIZATION THE PERSON HAS CONSENTED TO
THEMSELF.
§ 14. This act shall take effect on the one hundred eightieth day
after it shall have become a law. Effective immediately, the addition,
amendment, and/or repeal of any rule or regulation necessary for the
implementation of this act on its effective date are authorized to be
made and completed on or before such effective date.