S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5546
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 14, 2025
                                ___________
 
 Introduced by M. of A. SIMON, SANTABARBARA, DE LOS SANTOS, WALSH -- read
   once and referred to the Committee on Mental Health
 
 AN  ACT  to amend the mental hygiene law, in relation to authorizing the
   release of certain records of  deceased  residents  of  mental  health
   facilities to family members upon written request

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 7.09 of the mental hygiene law is amended by adding
 a new subdivision (n) to read as follows:
   (N) NOTWITHSTANDING THE PROVISIONS OF SECTIONS 33.13 AND 33.16 OF THIS
 CHAPTER, THE COMMISSIONER SHALL MAKE REGULATIONS IN ACCORDANCE WITH  THE
 FEDERAL  HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996, AS
 AMENDED, AND ANY REGULATIONS PROMULGATED THEREUNDER, ON  THE  DISCLOSURE
 OF PATIENT INFORMATION PERTAINING TO DECEASED INDIVIDUALS WHO WERE RESI-
 DENTS  OF  FACILITIES  OPERATED OR CERTIFIED BY THE OFFICE. SUCH PATIENT
 INFORMATION MAY BE PROVIDED TO FAMILY MEMBERS, PERSONAL  REPRESENTATIVES
 OF  THE  DECEDENT,  OR OTHER PERSONS WHO WERE INVOLVED IN THE DECEDENT'S
 CARE OR PAYMENT FOR CARE PRIOR TO  THE  DECEDENT'S  DEATH  UPON  WRITTEN
 REQUEST.   NO PROVIDER SHALL DISCLOSE PATIENT INFORMATION IF DOING SO IS
 INCONSISTENT WITH ANY KNOWN PRIOR EXPRESSED PREFERENCE OF THE DECEDENT.
   § 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.  UPON  WRITTEN  REQUEST  BY  THE  HEALTH CARE PROVIDER OF A FAMILY
 MEMBER OF THE PATIENT, WHEN THE INFORMATION REQUESTED IS FOR THE  TREAT-
 MENT  OF  THE FAMILY MEMBER.  THE COMMISSIONER SHALL MAKE REGULATIONS TO
 DEFINE FAMILY MEMBER FOR PURPOSES OF THIS SECTION.
   § 3. This act shall take effect immediately; provided that section one
 of this act shall take effect on the one hundred eightieth day after  it
 shall have become a law.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08467-01-5