LBD10800-01-3
S. 8352 2
brother or sister, an adult aunt or uncle, any of whom has assumed care
of the child and, (ii) an adult who has care of the child and has writ-
ten authorization to consent from a person in a parental relation to a
child as defined in section twenty-one hundred sixty-four of this chap-
ter, may give effective consent for the immunization of a child. Howev-
er, 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 chapter objects
to the immunization. HOWEVER, A CHILD WHO MAY GIVE EFFECTIVE CONSENT TO
MEDICAL, DENTAL, HEALTH, AND HOSPITAL SERVICES PURSUANT TO THIS SECTION
MAY GIVE SUCH 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.
8. ANY PERSON, INCLUDING A MINOR, WHO COMPREHENDS THE NEED FOR, THE
NATURE OF, AND THE REASONABLY FORESEEABLE RISKS AND BENEFITS INVOLVED IN
ANY CONTEMPLATED MEDICAL, DENTAL, HEALTH, AND/OR HOSPITAL SERVICES, AND
ANY ALTERNATIVES THERETO, MAY GIVE EFFECTIVE CONSENT TO SUCH SERVICES
FOR THEMSELF, AND THE CONSENT OF NO OTHER PERSON SHALL BE NECESSARY. THE
COMMISSIONER IS AUTHORIZED TO PROMULGATE RULES AND REGULATIONS NECESSARY
TO EFFECTUATE THE PROVISIONS OF THIS SUBDIVISION.
§ 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
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 SECTION THREE HUNDRED EIGHTY-
FOUR-A OF the social services law, the director of the division for
youth, acting in accordance with section five hundred nine of the execu-
tive 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 thou-
sand fifty-five of the family court act; OR ON SUCH PERSON'S OWN APPLI-
CATION, IF THEY MAY GIVE EFFECTIVE CONSENT PURSUANT TO SECTION TWENTY-
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
SECTION THREE HUNDRED EIGHTY-FOUR-A OF 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 know-
ingly and voluntarily consented to such application in accordance with
such section, or a person or entity having custody of the person pursu-
ant to an order issued pursuant to section seven hundred fifty-six or
one thousand fifty-five of the family court act.
S. 8352 3
§ 3. Subdivision (b) and paragraphs 1 and 3 of subdivision (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 TWENTY-FIVE HUNDRED FOUR OF THE PUBLIC HEALTH LAW.
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
defined in such regulations, shall fulfill the role of a physician for
purposes of this paragraph].
3. IF THE MINOR MAY GIVE EFFECTIVE CONSENT PURSUANT TO SECTION TWEN-
TY-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. Subdivisions (a), (b), (c), and (e) of section 33.21 of the
mental hygiene law, subdivisions (a), (b), and (c) as amended and subdi-
vision (e) as added by chapter 461 of the laws of 1994, are amended to
read as follows:
(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] MENTAL
HEALTH services provided TO A PERSON THAT OCCUR in A COMMUNITY LOCATION
AND/OR IN an [outpatient program licensed] AMBULATORY CARE SETTING SUCH
AS A MENTAL HEALTH CENTER or [operated pursuant to the regulations of
the commissioner of mental health] SUBSTANCE USE DISORDER CLINIC, HOSPI-
TAL OUTPATIENT DEPARTMENT, COMMUNITY HEALTH CENTER, OR PRACTITIONER'S
OFFICE, OR VIA TELEHEALTH, OR AT A PERSON'S HOME OR SCHOOL, INCLUDING
S. 8352 4
PSYCHOTHERAPY AND/OR MEDICATION MANAGEMENT, 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
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 PURSUANT TO SECTION TWENTY-
FIVE HUNDRED FOUR OF THE PUBLIC HEALTH LAW; OR
(2) (I) the minor is knowingly and voluntarily seeking such services;
and
[(2)] (II) provision of such services is clinically indicated and
necessary to the minor's well-being; and
[(3) (i)] (III) (A) a parent or guardian is not reasonably available;
or
[(ii)] (B) requiring parental or guardian consent or involvement would
have a detrimental effect on the course of outpatient treatment; or
[(iii)] (C) 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 of this subdivision
shall be provided to the parent or guardian.
(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 PURSUANT TO SECTION TWENTY-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
S. 8352 5
(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-
an] THE MINOR MAY GIVE EFFECTIVE CONSENT PURSUANT TO SECTION TWENTY-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. Subdivisions 1, 2, and 3 of section 2305 of the public health
law, subdivisions 1 and 2 as amended by section 35 of part E of chapter
56 of the laws of 2013 and subdivision 3 as amended by chapter 878 of
the laws of 1980, are amended to read as follows:
1. No person, other than a [licensed physician, or, in a hospital, a
staff physician,] HEALTH CARE PRACTITIONER shall diagnose, treat or
prescribe for a person who is infected with a sexually transmitted
disease, or who has been exposed to infection with a sexually transmit-
ted disease, or dispense or sell a drug, medicine or remedy for the
treatment of such person except on prescription of a duly licensed
[physician] HEALTH CARE PRACTITIONER.
2. A [licensed physician, or in a hospital, a staff physician,] HEALTH
CARE PRACTITIONER may diagnose, treat or prescribe for a person under
the age of twenty-one years without the consent or knowledge of the
parents or guardian of said person, where such person is infected with a
sexually transmitted disease, [or] has been exposed to infection with a
sexually transmitted disease, OR MAY GIVE EFFECTIVE CONSENT PURSUANT TO
SECTION TWENTY-FIVE HUNDRED FOUR OF THIS CHAPTER.
3. For the purposes of this section[, the]:
(A) THE term "hospital" shall mean a hospital as defined in article
twenty-eight of this chapter.
(B) THE TERM "HEALTH CARE PRACTITIONER" SHALL MEAN A PERSON LICENSED,
CERTIFIED, OR OTHERWISE AUTHORIZED TO PRACTICE UNDER TITLE EIGHT OF THE
EDUCATION LAW, ACTING WITHIN THEIR LAWFUL SCOPE OF PRACTICE.
§ 6. 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, AND/OR HOSPITAL
SERVICE THAT 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.
§ 7. Section 373-a of the social services law, as amended by chapter
305 of the laws of 2008, is amended to read as follows:
S. 8352 6
§ 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 birth parents, with information identify-
ing 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 INFOR-
MATION ABOUT ANY MEDICAL, DENTAL, HEALTH, AND/OR HOSPITAL SERVICE THAT 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 birth parents shall be provided by an authorized agency to
such child when discharged to his or her 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 identify-
ing such birth parents eliminated. Such medical histories shall include
all available information setting forth conditions or diseases believed
to be hereditary, any drugs or medication taken during pregnancy by the
child's birth mother and any other information, including any psycholog-
ical 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 influenc-
ing the child's present or future health. The department shall promul-
gate and may alter or amend regulations governing the release of medical
histories pursuant to this section.
§ 8. 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, BY MEANS OF A LETTER
OR BROCHURE DESIGNED FOR SUCH PURPOSE, INITIALLY UPON BECOMING A FOSTER
PARENT TO A CHILD AND ANNUALLY THEREAFTER, OF THE AVAILABILITY OF
SOCIAL, EDUCATIONAL, AND MEDICAL REPRODUCTIVE AND SEXUAL HEALTH CARE
SERVICES AND INFORMATION FOR SUCH CHILD.
2. A CHILD-CARING AGENCY SHALL OFFER AGE- AND DEVELOPMENTALLY-APPRO-
PRIATE REPRODUCTIVE AND SEXUAL HEALTH CARE SERVICES AND INFORMATION TO
ALL FOSTER CHILDREN WHO ARE OR MAY BE SEXUALLY ACTIVE OR WHO REQUEST
SUCH SERVICES OR INFORMATION THROUGH SUCH AGENCY'S CASEWORKER CONTACT
AND AS PART OF THE COMPREHENSIVE SERVICE PLAN FOR EACH CHILD. SUCH AN
OFFER MAY BE MADE ORALLY TO THE CHILD AND SHALL BE MADE IN WRITING, BY
MEANS OF A LETTER OR BROCHURE DESIGNED FOR SUCH PURPOSE. IF SUCH A PLAN
IS DEVELOPED BY A SOCIAL SERVICES DISTRICT, SUCH DISTRICT MUST CONTINUE
TO MONITOR THE CHILD-CARING AGENCY'S PROGRAM IMPLEMENTATION TO ASSURE
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 SUCH 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 BY SECTION ELEVEN OF THE EDUCATION LAW.
§ 9. Paragraph (c) of subdivision 1 of section 366 of the social
services 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,
S. 8352 7
AND/OR HOSPITAL SERVICES PURSUANT TO SECTION TWENTY-FIVE HUNDRED FOUR OF
THE PUBLIC HEALTH LAW IS ELIGIBLE FOR STANDARD COVERAGE ONLY FOR THE
SPECIFIC SERVICES CONSENTED TO BY SUCH MINOR; PROVIDED, HOWEVER, THAT
THIS SUBPARAGRAPH ONLY APPLIES IF SUCH MINOR IS UNABLE TO USE ANOTHER
SOURCE OF HEALTH INSURANCE TO PAY FOR THE SERVICES CONSENTED TO BY SUCH
MINOR. THE COMMISSIONER OF HEALTH SHALL PROMULGATE RULES AND REGU-
LATIONS NECESSARY TO CARRY OUT THE PROVISIONS OF THIS SUBPARAGRAPH.
§ 10. The first undesignated paragraph of section 17 of the public
health law, as amended by chapter 322 of the laws of 2017, is amended to
read as follows:
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 hospi-
tal; 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/OR HOSPITAL SERVICES THAT SUCH INFANT PATIENT HAS CONSENTED TO THEM-
SELF PURSUANT TO SECTION TWENTY-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 PURSUANT TO SECTION TWENTY-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 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 documented costs associated there-
with. 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 inability 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 elec-
tronic or paper form, as required by the government benefit or program,
or at the patient's request.
§ 11. 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] SUCH subject objects to disclosure, the
S. 8352 8
provider may deny the request. In the case of a facility, the treating
practitioner shall be consulted. A PROVIDER SHALL NOT DISCLOSE INFORMA-
TION ABOUT ANY MEDICAL, DENTAL, HEALTH, AND/OR HOSPITAL SERVICES THAT AN
INFANT HAS CONSENTED TO THEMSELF TO SUCH INFANT'S PARENT OR GUARDIAN
WITHOUT SUCH INFANT'S AUTHORIZATION. AN INFANT MAY CONSENT TO DISCLO-
SURE 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, AND/OR HOSPITAL SERVICES PURSUANT TO
SECTION TWENTY-FIVE HUNDRED FOUR OF THIS CHAPTER MAY ALSO GIVE EFFECTIVE
CONSENT TO RELEASE THEIR PATIENT INFORMATION TO ANY PERSON.
§ 12. 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] SUCH patient or client objects to disclosure, the facility,
in consultation with the treating practitioner, may deny the request. A
FACILITY, PRACTITIONER, OR TREATING PRACTITIONER SHALL NOT DISCLOSE
CLINICAL RECORDS PERTAINING TO TREATMENT THAT AN INFANT PATIENT OR
CLIENT CONSENTED TO THEMSELF TO SUCH INFANT'S PARENT OR GUARDIAN WITHOUT
SUCH INFANT'S AUTHORIZATION. AN INFANT PATIENT OR CLIENT MAY CONSENT TO
DISCLOSURE TO THEIR PARENT OR GUARDIAN GENERALLY, OR ONLY IN AN EMERGEN-
CY, OR MAY WITHHOLD CONSENT ALL TOGETHER. AN INFANT WHO MAY GIVE EFFEC-
TIVE CONSENT TO MEDICAL, DENTAL, HEALTH, AND/OR HOSPITAL SERVICES PURSU-
ANT TO SECTION TWENTY-FIVE HUNDRED FOUR OF THIS CHAPTER MAY ALSO GIVE
EFFECTIVE CONSENT TO RELEASE THEIR CLINICAL RECORD TO ANY PERSON.
§ 13. 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:
(A) INSURERS SHALL PERMIT AN INSURED WHO CONSENTS TO THEIR OWN
MEDICAL, DENTAL, HEALTH, AND/OR HOSPITAL SERVICES PURSUANT TO SECTION
TWENTY-FIVE HUNDRED FOUR OF THE PUBLIC HEALTH LAW TO CHOOSE A METHOD OF
RECEIVING EXPLANATION OF BENEFIT 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
BENEFIT FORMS UNDER THIS SECTION AN INSURER IS THEREBY PROHIBITED FROM
SENDING DUPLICATIVE EXPLANATION OF BENEFIT FORMS TO A NON-SPECIFIED
RECIPIENT OR IN A MANNER INCONSISTENT WITH THE REQUEST OF SUCH INSURED.
(B) INSURERS SHALL NOT IN ANY WAY IDENTIFY THE DIAGNOSIS OR SERVICES
RECEIVED IN AN EXPLANATION OF BENEFITS FORM OR IN ANY ONLINE PORTAL THAT
ALLOWS SUBSCRIBERS TO ACCESS CLAIM INFORMATION IF SUCH DIAGNOSIS OR
SERVICES WERE CONSENTED TO PURSUANT TO SECTION TWENTY-FIVE HUNDRED FOUR
OF THE PUBLIC HEALTH LAW.
(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.
S. 8352 9
(3) FOR THE PURPOSES OF THIS SECTION, AN ALTERNATIVE COMMUNICATIONS
REQUEST AS DESCRIBED IN SUBPARAGRAPH (A) 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 OF SUCH REQUEST BY FIRST-CLASS MAIL.
AN INSURER SHALL ACKNOWLEDGE RECEIPT OF SUCH ALTERNATIVE COMMUNICATIONS
REQUEST AND ADVISE THE INSURED OF THE STATUS OF IMPLEMENTATION OF SUCH
REQUEST IF SUCH INSURED CONTACTS SUCH INSURER.
(4) AN INSURER SHALL NOT CONDITION THE ENROLLMENT OR COVERAGE ON THE
WAIVER OF RIGHTS PROVIDED IN THIS SUBSECTION.
(5) THIS SUBSECTION SHALL 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 PARAGRAPH (B) OF SECTION
164.522 OF PART 164 OF TITLE 45 OF THE CODE OF FEDERAL REGULATIONS.
§ 14. 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 829 of the laws of
2022, subparagraph (vi) of paragraph (d) of subdivision 8 as amended by
chapter 532 of the laws of 2022 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,
including professional responsibility proceedings of the office of
professional medical conduct and the state education department, 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,
THAT ANY IMMUNIZATION RECORD PRINTED FOR A REGISTRANT'S PARENT, GUARDI-
AN, OR OTHER PERSON IN A CUSTODIAL RELATION TO SUCH REGISTRANT SHALL
EXCLUDE INFORMATION ABOUT ANY IMMUNIZATION THAT SUCH REGISTRANT HAS
CONSENTED TO THEMSELF PURSUANT TO SECTION TWENTY-FIVE HUNDRED FOUR OF
THIS CHAPTER.
(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, HOWEV-
ER, THAT ANY IMMUNIZATION RECORD PROVIDED TO THE PERSON'S PARENT OR
GUARDIAN OR OTHER PERSON IN A PARENTAL OR CUSTODIAL RELATION TO SUCH
S. 8352 10
PERSON SHALL EXCLUDE INFORMATION ABOUT ANY IMMUNIZATION THAT SUCH PERSON
HAS CONSENTED TO THEMSELF PURSUANT TO SECTION TWENTY-FIVE HUNDRED FOUR
OF THIS CHAPTER.
§ 15. 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.
Hands off the children! It’s bad enough that fentanyl is coming over our border where children could and had died from this and children are being manipulated by all the LGBT and CRT propagandas
Parents and legal guardians need to be aware with what is going on with their child. They could be engaging in activities such as unprotected sex, prostitution, considering a sex change, having an abortion, using drugs, making immature decision and this bill will enable them to do things behind their parent's back. There is no need for this bill.
Selling this as a way to help homeless youth is very untruthful and concerning. We do not coparent with the government. I cannot believe that this is being considered. The person best suited to make a decision for a child is their parent. Perhaps we should drop smoking age limits, drinking age limits, age to marry, weapons, etc if we think the minor can "comprehend the need " for these items?