Authorizes agreements for county, city and town social services departments to access death certificates maintained by the department of public health.
Ayes (58): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Duane, Espaillat, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hassell-Thomps, Huntley, Johnson, Kennedy, Klein, Krueger, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Montgomery, Nozzolio, O'Mara, Oppenheimer, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Young, Zeldin
Excused (3): Hannon, Parker, Valesky
Ayes (28): DeFrancisco, Johnson, Alesi, Bonacic, Farley, Flanagan, Fuschillo, Golden, Griffo, Lanza, Larkin, LaValle, Little, Marcellino, Nozzolio, Robach, Saland, Seward, Young, Krueger, Breslin, Diaz, Dilan, Gianaris, Montgomery, Perkins, Stavisky, Stewart-Cousins
Ayes W/R (4): Duane, Peralta, Rivera, Squadron
Nays (1): Parker
Excused (2): Hannon, Oppenheimer
TITLE OF BILL: 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
PURPOSE: The legislation authorizes agreements for county, city and town social services departments to access death certificates maintained by the Department of Public Health.
SUMMARY OF PROVISIONS: Subdivision 5 of Section 4174 of the public health law, as amended by Chapter 170 of the Laws of 1994, is amended to authorize a county commissioner of social services, city commissioner of social services, town social services officer or city social services officer as defined in subdivision 14 of Section 2 of the social services law to obtain information on reported deaths in New York State by entering into an agreement with the Department of Public Health.
JUSTIFICATION: This legislation would allow county, city and town social services departments to enter into an agreement with the State Department of Health granting access to the official list of death certificates on file with the Department.
Death certificates are not public records and acquiring them can be an onerous task for social service agencies. In some cases, quicker access to these vital records could assist in the prevention of public assistance abuse. The State Department of Health maintains the official list of all death certificates filed in New York. This measure would provide social service agencies with a more streamlined and timely procedure to obtain information on reported deaths by submitting a list of clients names and other identifying information and cross-checking it against the Department's official list.
LEGISLATIVE HISTORY: 2010: S.7714
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: Immediately.
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. SuchEXPLANATION--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.