Release of Records

News From New York State
Senator Shirley L. Huntley
For Immediate Release: June 25, 2012
Contact: Bryant G. Gaspard | gaspard@nysenate.gov | (518) 455-3531

**PRESS RELEASE**

Senator Shirley L. Huntley Passes Release of Records Legislation

(Albany, New York) On June 18, 2012, Senator Huntley (D- Jamaica) passed S. 3168-A by a unanimous vote. The bill allows the Commissioner of the Office of People with Developmental Disabilities (OPWDD) to develop regulation in order to provide certain information to other family members besides “qualified persons” regarding a deceased resident of an operated OPWDD facility.

The Commissioner would also define family member through regulations. Family members may learn of the existence of their relative only after the relative’s death and may have no ability to ascertain whether their relative even existed. This bill would also allow release of records to a physician of a family member, who is not a qualified person, when the family member has a demonstrable medical need for such information.

“This legislation is important for those family members who are not considered “qualified person” to attain critical information about a relative for a myriad of reasons such as family medical history and funeral services,” said Senator Huntley. The type of information released at the Commissioner’s discretion may include the person’s name, date of birth and admission, discharge/release, cause of death, diagnosis, treatment, services provided, employment and residential history.