S T A T E O F N E W Y O R K
________________________________________________________________________
7450
2023-2024 Regular Sessions
I N S E N A T E
May 26, 2023
___________
Introduced by Sen. MANNION -- (at request of the Office for People with
Developmental Disabilities) -- read twice and ordered printed, and
when printed to be committed to the Committee on Disabilities
AN ACT to amend the mental hygiene law, in relation to the release of
patient or client clinical records to correctional facilities or a
public health authority
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph 10 of subdivision (c) of section 33.13 of the
mental hygiene law, as amended by chapter 322 of the laws of 2021, is
amended to read as follows:
10. to a correctional facility, when the chief administrative officer
has requested such information with respect to a named incarcerated
individual of such correctional facility as defined by subdivision three
of section forty of the correction law or to the department of
corrections and community supervision, when the department has requested
such information with respect to a person under its jurisdiction or an
incarcerated individual of a state correctional facility, when such
incarcerated individual is within four weeks of release from such insti-
tution [to community supervision]. HOWEVER, CLINICAL RECORDS IN THE
POSSESSION OF THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES MAY
BE DISCLOSED TO THE CORRECTIONAL FACILITY OR THE DEPARTMENT OF
CORRECTIONS AND COMMUNITY SUPERVISION WHEN SUCH INCARCERATED INDIVIDUAL
IS WITHIN NINE MONTHS OF RELEASE FROM SUCH INSTITUTION. CLINICAL
RECORDS IN THE POSSESSION OF THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL
DISABILITIES MAY BE DISCLOSED TO A CORRECTIONAL FACILITY AND/OR THE
DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION WHEN A NAMED
PERSON WHO RECEIVES OR IS ELIGIBLE TO RECEIVE SERVICES THAT ARE OPER-
ATED, CERTIFIED, FUNDED OR APPROVED BY THE OFFICE FOR PEOPLE WITH
DEVELOPMENT DISABILITIES HAS ENTERED OR WILL ENTER THE CUSTODY OF A
CORRECTIONAL FACILITY, TO THE EXTENT NECESSARY TO FACILITATE THE CONTI-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06950-01-3
S. 7450 2
NUITY OF APPROPRIATE SERVICES. Information released pursuant to this
paragraph may be limited to a summary of the record, including but not
limited to: the basis for referral to the facility; the diagnosis upon
admission and discharge; a diagnosis and description of the patient's or
client's current mental condition; the current course of treatment,
medication and therapies; and the facility's recommendation for future
mental hygiene services, if any. Such information may be forwarded to
the department of corrections and community supervision staff in need of
such information for the purpose of making a determination regarding an
incarcerated individual's health care, security, safety or ability to
participate in programs. In the event an incarcerated individual is
transferred, the sending correctional facility shall forward, upon
request, such summaries to the chief administrative officer of any
correctional facility to which the incarcerated individual is subse-
quently incarcerated. The office of mental health and the office for
people with developmental disabilities, in consultation with the commis-
sion of correction and the department of corrections and community
supervision, shall promulgate rules and regulations to implement the
provisions of this paragraph.
§ 2. Subdivision (c) of section 33.13 of the mental hygiene law is
amended by adding a new paragraph 19 to read as follows:
19. TO A PUBLIC HEALTH AUTHORITY, AS DEFINED IN 45 CFR 164.501, THAT
IS AUTHORIZED BY LAW TO COLLECT OR RECEIVE SUCH INFORMATION FOR THE
PURPOSE OF PREVENTING OR CONTROLLING DISEASE, INJURY, OR DISABILITY, FOR
THE PURPOSE OF PREVENTING OR CONTROLLING A PUBLIC HEALTH EMERGENCY.
§ 3. This act shall take effect immediately.
