Actions

Text

STATE OF NEW YORK
________________________________________________________________________

S. 1458                                                  A. 1411

2011-2012 Regular Sessions

S E N A T E - A S S E M B L Y

January 7, 2011
___________

IN  SENATE  --  Introduced by Sens. LAVALLE, LARKIN, RANZENHOFER -- read
  twice and ordered printed, and when printed to  be  committed  to  the
  Committee on Health

IN  ASSEMBLY  -- Introduced by M. of A. THIELE -- read once and referred
  to the Committee on Health

AN ACT to amend the public health law,  in  relation  to  agreements  to
  provide  county, city and town social services departments with access
  to death certificates

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Subdivision 5 of section 4174 of the public health law, as
amended by chapter 170 of the laws  of  1994,  is  amended  to  read  as
follows:
  5.  (a)  The  United States social security administration OR A COUNTY
COMMISSIONER OF SOCIAL SERVICES, CITY COMMISSIONER OF  SOCIAL  SERVICES,
TOWN  SOCIAL SERVICES OFFICER OR CITY SOCIAL SERVICES OFFICER AS DEFINED
IN SUBDIVISION FOURTEEN OF SECTION TWO OF THE SOCIAL  SERVICES  LAW  may
obtain  information from death certificates needed in the administration
of old-age and survivors insurance benefits laws AND THE  ADMINISTRATION
OF  ASSISTANCE  OR  CARE AS REFERENCED IN SECTION ONE HUNDRED SIX OF THE
SOCIAL SERVICES LAW, subject to the provisions of any  contract  entered
into pursuant to paragraph (b) of this subdivision.
  (b)  In  addition,  the  commissioner  or any person authorized by the
commissioner is authorized and  directed  to  enter  into  [a  contract]
CONTRACTS to furnish the federal secretary of health and human services,
A  COUNTY  COMMISSIONER  OF SOCIAL SERVICES, CITY COMMISSIONER OF SOCIAL
SERVICES, TOWN SOCIAL SERVICES OFFICER OR CITY SOCIAL  SERVICES  OFFICER
AS DEFINED IN SUBDIVISION FOURTEEN OF SECTION TWO OF THE SOCIAL SERVICES
LAW  WITH  information concerning individuals with respect to whom death
certificates have been officially  filed  with  the  commissioner.  Such

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03871-01-1
S. 1458                             2                            A. 1411

[contract]  CONTRACTS  shall  not  include any restriction on the use of
information obtained by such secretary, COMMISSIONERS OR OFFICERS pursu-
ant to such [contract] CONTRACTS, except that such [contract]  CONTRACTS
may  provide  that  such information is only to be used by the secretary
(or any other federal agency), COMMISSIONERS OR OFFICERS (OR  ANY  OTHER
COUNTY  AGENCIES  OR TOWN OFFICES) for purposes of ensuring that federal
benefits or other payments are not erroneously paid to deceased individ-
uals OR TO ENABLE SUCH COMMISSIONERS OR OFFICERS TO PERFORM THEIR DUTIES
PURSUANT TO SECTION ONE HUNDRED SIX OF THE SOCIAL SERVICES LAW.
  S 2. This act shall take effect immediately.