BILL NUMBER: S6815

SPONSOR: RIVERA
 
TITLE OF BILL:

An act to amend the public health law, in relation to death certificates

 
PURPOSE OR GENERAL IDEA OF BILL:

To expand the list of people authorized to request and receive either a
certified copy or a certified transcript of a NYS death certificate.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends Section 4174 of the Public Health Law, as it relates to
records; transcripts, and certification by commissioner; fees, to clari-
fy that the following additional individuals are legally eligible to
request and receive a certified copy of a NYS death certificate: an
"agent" as designated pursuant to subdivision 3 of section 4201 of PHL,
and a domestic partner, grandparents, grandchildren, aunts, uncles,
cousins, nieces or nephews of the deceased.

              

Section 2 sets an effective date.

 
JUSTIFICATION:

Except for New York City, which has its own vital records system, certi-
fied copies of NYS death certificates may be obtained from either the
Bureau of Vital Records of the NYS Department of Health (DOH) or from a
local registrar of the municipality where a death occurred. State law
currently provides that the only individuals eligible to get a copy of a
NYS death certificate are the spouse, parent, child, or sibling of the
deceased or their lawful representative. Any other individual - even if
related to the deceased - must document a "lawful right or claim", a
medical need, or possess a New York State court order.

Such restrictions place an undue burden on a deceased's family member,
who would otherwise be eligible to obtain a copy of a death certificate,
by putting them through unnecessary administrative burdens at a time
when they are already undergoing the loss of a relative. The limited
eligibility list also creates awkwardness for both family members as
well as funeral directors, who are frequently charged with securing
copies of. death certificates for family members which they routinely
need for estate, benefit, and/or insurance purposes. Finally, New York
City's list of individuals who may request a death certificate is much
more expansive and up-to-date, allowing nine individuals to request a
death certificate and eight more under more limited circumstances.

This legislation would eliminate the aforementioned obstacles and
burdens, more readily clarify in statute who is eligible and facilitate
what can be an arduous process for family and funeral directors alike.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:


Could result in additional revenue via processing fees to NYS Vital
Records and/or local government registrar's offices.

 
EFFECTIVE DATE:
Effective immediately.