NY State Senate Bill 2023-S8967A

Senate Bill S8967A

2023-2024 Legislative Session

Allows direct descendants of a patient who has been deceased for a period of fifty years or longer to access such patient's clinical records

download bill text pdf

Current Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jul 19, 2024	print number 8967a
Jul 19, 2024	amend and recommit to rules
Jun 07, 2024	committed to rules
May 20, 2024	advanced to third reading
May 16, 2024	2nd report cal.
May 15, 2024	1st report cal.1165
Apr 03, 2024	referred to mental health

Votes

- May 15, 2024 - Mental Health Committee Vote
  S8967A
  
  7
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Mental Health Committee Vote: May 15, 2024
      
      aye (7)
      
      Brouk
      
      Canzoneri-Fitzpatrick
      
      Fernandez
      
      Palumbo
      
      Rivera
      
      Salazar
      
      Webb

Bill Amendments

Original

A (Active)

2023-S8967 - Details

Current Committee:: Senate Rules
Law Section:: Mental Hygiene Law
Laws Affected:: Amd §33.16, Ment Hyg L

2023-S8967 - Summary

Allows direct descendants of a patient who has been deceased for a period of fifty years or longer to access such patient's clinical records.

2023-S8967 - Sponsor Memo

                                 
BILL NUMBER: S8967

SPONSOR: BRESLIN
 
TITLE OF BILL:

An act to amend the mental hygiene law, in relation to allowing direct
descendants of a patient who has been deceased for a period of fifty
years or longer to access such patient's clinical records

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill would allow direct descendants of individuals who have been
deceased for 50 years or longer to access their ancestors' old clinical
records.

 
SUMMARY OF PROVISIONS:

Section 1 adds direct descendants of deceased patients to the list of
qualified persons permitted to access patient clinical records.

Section 2 establishes the effective date.

 
JUSTIFICATION:

In 2014, New York State enacted a law barring anyone from accessing old
clinical records of deceased individuals unless the person requesting
access is a parent, a child, a sibling, or a spouse of the deceased. If
no such immediate family members are alive, this effectively makes the
clinical records of deceased individuals permanently inaccessible, even
if the person requesting the information is a direct descendant of the
deceased.

Modern research shows that people can have a genetic predisposition to
mental illness which, if left untreated, can lead to severe consequences
such as suicide. One way people can be made aware of whether they might
have such a predisposition is by accessing the clinical records of their
ancestors so that they can identify if there is a pattern of mental
illness or suicidal behavior in their family. By having access to ances-
tors' old clinical records, descendants can gain insight into their own
genetic risk factors for psychiatric illness. From there, they can then
choose to seek preliminary treatment to prevent the potential onset of
mental health disorders. Thus, direct descendants of individuals who
have been deceased for fifty years or more should have access to this
potentially life-saving information.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Effective immediately.

2023-S8967 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8967
 
                             I N  S E N A T E
 
                               April 3, 2024
                                ___________
 
 Introduced  by  Sen. BRESLIN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Mental Health
 
 AN ACT to amend the mental hygiene law, in relation to  allowing  direct
   descendants  of  a patient who has been deceased for a period of fifty
   years or longer to access such patient's clinical records

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraph  6  of  subdivision (a) of section 33.16 of the
 mental hygiene law, as amended by chapter 233 of the laws  of  2017,  is
 amended to read as follows:
   6. "Qualified person" means any properly identified patient or client,
 guardian  of a person with a developmental disability appointed pursuant
 to article seventeen-A  of  the  surrogate's  court  procedure  act,  or
 committee  for  an  incompetent  appointed pursuant to this chapter or a
 parent of an infant, or a guardian of an infant  appointed  pursuant  to
 article seventeen of the surrogate's court procedure act or other legal-
 ly appointed guardian of an infant who may be entitled to request access
 to  a  clinical record pursuant to paragraph three of subdivision (b) of
 this section, or a parent, spouse, adult child, or adult sibling  of  an
 adult patient or client who may be entitled to request access to a clin-
 ical  record  pursuant  to  paragraph  four  of  subdivision (b) of this
 section, OR A DIRECT DESCENDANT OF A FORMER PATIENT OR  CLIENT  WHO  HAS
 BEEN DECEASED FOR A PERIOD OF FIFTY YEARS OR LONGER.
   § 2. This act shall take effect immediately.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15122-01-4

2023-S8967A (ACTIVE) - Details

Current Committee:: Senate Rules
Law Section:: Mental Hygiene Law
Laws Affected:: Amd §33.16, Ment Hyg L

2023-S8967A (ACTIVE) - Summary

Allows direct descendants of a patient who has been deceased for a period of fifty years or longer to access such patient's clinical records.

2023-S8967A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8967A

SPONSOR: BRESLIN
 
TITLE OF BILL:

An act to amend the mental hygiene law, in relation to allowing direct
descendants of a patient who has been deceased for a period of fifty
years or longer to access such patient's clinical records

 
PURPOSE OR GENERAL IDEA OF BILL::

This bill would allow direct descendants of individuals who have been
deceased for 50 years or longer to access their ancestors' old clinical
records.

 
SUMMARY OF PROVISIONS::

Section 1 adds direct descendants of deceased patients to the list of
qualified persons permitted to access patient clinical records and
directs OMH to establish a process for proving direct descent.

Section 2 clarifies that section 33.16 of the mental hygiene law does

not require that facilities retain records indefinitely or for any
particular length of time.

Section 3 establishes the effective date.

 
JUSTIFICATION::

In 2014, New York State enacted a law barring anyone from accessing old
clinical records of deceased individuals unless the person requesting
access is a parent, a child, a sibling, or a spouse of the deceased. If
no such immediate family members are alive, this effectively makes the
clinical records of deceased individuals permanently inaccessible, even
if the person requesting the information is a direct descendant of the
deceased.

Modern research shows that people can have a genetic predisposition to
mental illness which, if left untreated, can lead to severe consequences
such as suicide. One way people can be made aware of whether they might
have such a predisposition is by accessing the clinical records of their
ancestors so that they can identify if there is a pattern of mental
illness or suicidal behavior in their family. By having access to ances-
tors' old clinical records, descendants can gain insight into their own
genetic risk factors for psychiatric illness. From there, they can then
choose to seek preliminary treatment to prevent the potential onset of
mental health disorders. Thus, direct descendants of individuals who
have been deceased for fifty years or more should have access to this
potentially life-saving information.

 
LEGISLATIVE HISTORY::

New bill.

 
FISCAL IMPLICATIONS::

None.

 
EFFECTIVE DATE::
Effective immediately.

2023-S8967A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8967--A
     Cal. No. 1165
 
                             I N  S E N A T E
 
                               April 3, 2024
                                ___________
 
 Introduced  by  Sen. BRESLIN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Mental Health --  reported
   favorably  from said committee and committed to the Committee on Rules
   -- committee discharged, bill amended, ordered  reprinted  as  amended
   and recommitted to said committee

 AN  ACT  to amend the mental hygiene law, in relation to allowing direct
   descendants of a patient who has been deceased for a period  of  fifty
   years or longer to access such patient's clinical records
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph 6 of subdivision (a)  of  section  33.16  of  the
 mental  hygiene  law,  as amended by chapter 233 of the laws of 2017, is
 amended to read as follows:
   6. (I) "Qualified person" means any  properly  identified  patient  or
 client,  guardian  of a person with a developmental disability appointed
 pursuant to article seventeen-A of the surrogate's court procedure  act,
 or  committee for an incompetent appointed pursuant to this chapter or a
 parent of an infant, or a guardian of an infant  appointed  pursuant  to
 article seventeen of the surrogate's court procedure act or other legal-
 ly appointed guardian of an infant who may be entitled to request access
 to  a  clinical record pursuant to paragraph three of subdivision (b) of
 this section, or a parent, spouse, adult child, or adult sibling  of  an
 adult patient or client who may be entitled to request access to a clin-
 ical  record  pursuant  to  paragraph  four  of  subdivision (b) of this
 section, OR A DIRECT DESCENDANT OF A FORMER PATIENT OR  CLIENT  WHO  HAS
 BEEN DECEASED FOR A PERIOD OF FIFTY YEARS OR LONGER.
   (II)  THE  COMMISSIONER  OF  MENTAL  HEALTH SHALL PROMULGATE RULES AND
 REGULATIONS TO ESTABLISH A PROCESS AND STANDARD OF EVIDENCE ACCORDING TO
 WHICH INDIVIDUALS MAY PRESENT TO A FACILITY PROOF OF DIRECT DESCENT FROM
 A FORMER PATIENT OR CLIENT.
   § 2.  Paragraph 5 of subdivision (b) of section 33.16  of  the  mental
 hygiene  law,  as amended by chapter 233 of the laws of 1991, is amended
 to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD15122-02-4
 S. 8967--A                          2
 
   5. Subject to the provisions of this subdivision and  subdivision  (c)
 of  this  section,  upon  the written request of any qualified person, a
 facility shall furnish to such person, within a reasonable time, a  copy
 of  any  clinical  record  requested  which  the person is authorized to
 inspect pursuant to this subdivision; PROVIDED, HOWEVER, THAT NOTHING IN
 THIS  SECTION  SHALL  BE  CONSTRUED  AS REQUIRING THAT A FACILITY RETAIN
 CLINICAL RECORDS INDEFINITELY OR FOR ANY PARTICULAR LENGTH  OF  TIME  IN
 ANTICIPATION OF ATTEMPTED ACCESS BY AN INDIVIDUAL MEETING THE DEFINITION
 OF A QUALIFIED PERSON.
   § 3. This act shall take effect immediately.

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