Assembly Bill A4100

Signed By Governor
2013-2014 Legislative Session

Relates to the release of mental hygiene records pertaining to allegations and investigations of abuse or mistreatment

download bill text pdf

Sponsored By

Archive: Last Bill Status Via S3802 - Signed by Governor

  • 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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2013-A4100 (ACTIVE) - Details

See Senate Version of this Bill:
S3802
Law Section:
Mental Hygiene Law
Laws Affected:
Amd §33.25, Ment Hyg L
Versions Introduced in 2011-2012 Legislative Session:
A9037, S6620

2013-A4100 (ACTIVE) - Summary

Relates to the release of mental hygiene records pertaining to allegations and investigations of abuse or mistreatment.

2013-A4100 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4100

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 30, 2013
                               ___________

Introduced  by M. of A. WEISENBERG, JAFFEE, MONTESANO, BENEDETTO, McKEV-
  ITT, COLTON, HIKIND, DUPREY, GUNTHER, ABINANTI, HOOPER, LAVINE,  SCHI-
  MEL,  MILLER, SWEENEY, GRAF, WEPRIN, ZEBROWSKI, RAIA, MILLMAN, GABRYS-
  ZAK, COOK, MAISEL, SCARBOROUGH, GIBSON -- Multi-Sponsored by -- M.  of
  A.  ARROYO,  AUBRY,  BOYLAND, CORWIN, GALEF, GOTTFRIED, JOHNS, JORDAN,
  McLAUGHLIN, OAKS, RA, THIELE -- read once and referred to the  Commit-
  tee on Mental Health

AN  ACT  to  amend  the  mental  hygiene law, in relation to the further
  dissemination of records pertaining to allegations and  investigations
  of abuse and mistreatment at a facility to certain persons

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

  Section 1. Subdivision (b) of section 33.25 of the mental hygiene law,
as added by chapter 24 of the laws of  2007,  is  amended  and  two  new
subdivisions (c) and (d) are added to read as follows:
  (b) Records and reports released in accordance with this section shall
be released pursuant to subdivision (b) of section 33.23 of this article
and  shall not be further disseminated by the recipient, PROVIDED THAT A
RECIPIENT MAY SHARE ANY RECORDS AND REPORTS  WITH:  (I)  A  HEALTH  CARE
PROVIDER;  (II) A BEHAVIORAL HEALTH CARE PROVIDER; (III) LAW ENFORCEMENT
IF THE RECIPIENT BELIEVES A CRIME HAS BEEN COMMITTED; OR (IV) THE RECIP-
IENT'S ATTORNEY.
  (C) A COVER LETTER SHALL ACCOMPANY RECORDS  AND  REPORTS  RELEASED  IN
ACCORDANCE  WITH THIS SECTION AND SHALL STATE: PURSUANT TO SECTION 33.25
OF THE MENTAL HYGIENE LAW, THE ATTACHED RECORDS AND REPORTS SHALL NOT BE
FURTHER DISSEMINATED, EXCEPT THAT YOU MAY SHARE THE REPORT WITH:  (I)  A
HEALTH  CARE PROVIDER; (II) A BEHAVIORAL HEALTH CARE PROVIDER; (III) LAW
ENFORCEMENT, IF YOU BELIEVE A CRIME HAS BEEN  COMMITTED;  OR  (IV)  YOUR
ATTORNEY.
  (D) NOTHING IN THIS SECTION SHALL PROHIBIT THE RECEIPT, USE OR DISSEM-
INATION OF ANY SUCH RECORDS, REPORTS, INFORMATION OR RESULTS OF INVESTI-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07444-01-3

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