Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Feb 02, 2016 |
referred to mental health delivered to assembly passed senate |
Feb 01, 2016 |
advanced to third reading |
Jan 26, 2016 |
2nd report cal. |
Jan 25, 2016 |
1st report cal.58 |
Jan 15, 2016 |
print number 3636a |
Jan 15, 2016 |
amend and recommit to mental health and developmental disabilities |
Jan 06, 2016 |
referred to mental health and developmental disabilities returned to senate died in assembly |
Apr 28, 2015 |
referred to mental health delivered to assembly passed senate |
Mar 16, 2015 |
advanced to third reading |
Mar 12, 2015 |
2nd report cal. |
Mar 11, 2015 |
1st report cal.234 |
Feb 13, 2015 |
referred to mental health and developmental disabilities |
Senate Bill S3636A
2015-2016 Legislative Session
Sponsored By
(R, C, IP) 62nd Senate District
Archive: Last Bill Status - In Assembly Committee
- 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
Actions
Votes
Bill Amendments
2015-S3636 - Details
- See Assembly Version of this Bill:
- A1090
- Current Committee:
- Assembly Mental Health
- Law Section:
- Mental Hygiene Law
- Laws Affected:
- Amd §§13.09 & 33.13, Ment Hyg L
- Versions Introduced in Other Legislative Sessions:
-
2009-2010:
S3485
2011-2012: S3168, A8471
2013-2014: S5224, A5924
2017-2018: S685, A2410
2019-2020: A3165
2015-S3636 - Sponsor Memo
BILL NUMBER:S3636 TITLE OF BILL: An act to amend the mental hygiene law, in relation to authorizing the release of certain records of deceased residents of OPWDD operated or certified facilities to family members upon written request PURPOSE OF THE BILL: This bill would amend the Mental Hygiene Law (MHL) to authorize the release of certain records of deceased residents of facilities certified or operated by the Office of People with Developmental Disabilities (OPWDD). SUMMARY OF PROVISIONS: Section 1 of the bill would add a new subdivision (f) to MHL § 13.09 and reletter subdivision (f) to subdivision (h) to allow the Commissioner of OPWDD to promulgate regulations that would provide for the release of certain records of deceased residents of OPWDD certified or operated facilities to a family member other than a qualified person as defined by MIL § 33.16 Section 2 of the bill would amend MHL § 33.13(c) by adding a new paragraph (15) upon a written request by the physician of a family member when there is a demonstrable medical need for such information
2015-S3636 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 3636 2015-2016 Regular Sessions I N S E N A T E February 13, 2015 ___________ Introduced by Sen. ORTT -- read twice and ordered printed, and when printed to be committed to the Committee on Mental Health and Develop- mental Disabilities AN ACT to amend the mental hygiene law, in relation to authorizing the release of certain records of deceased residents of OPWDD operated or certified 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. Subdivision (f) of section 13.09 of the mental hygiene law is relettered subdivision (h) and a new subdivision (f) is added to read as follows: (F) NOTWITHSTANDING THE PROVISIONS OF SECTIONS 33.13 AND 33.16 OF THIS CHAPTER, THE COMMISSIONER SHALL PROMULGATE REGULATIONS TO COVER THE RELEASE OF CERTAIN RECORDS PERTAINING TO A DECEASED INDIVIDUAL WHO RESIDED IN A FACILITY OPERATED OR CERTIFIED BY THE OFFICE. THE REGU- LATIONS SHALL SPECIFY WHICH INFORMATION SHALL BE RELEASED AND SHALL INCLUDE SUCH RECORDS AS THE INDIVIDUAL'S NAME; DATES OF ADMISSION, DISCHARGE, BIRTH AND DEATH; CAUSE OF DEATH; TREATMENT, AND SERVICES PROVIDED; EMPLOYMENT; AND RESIDENTIAL HISTORY TO FAMILY MEMBERS, UNLESS THE DECEASED INDIVIDUAL, OR IN THE CASE OF AN INDIVIDUAL WHO LACKED CAPACITY TO CONSENT TO THE RELEASE OF HIS OR HER RECORDS, A QUALIFIED PERSON AS DEFINED IN PARAGRAPH SIX OF SUBDIVISION (A) OF SECTION 33.16 OF THIS CHAPTER, HAD PREVIOUSLY OBJECTED TO THE RELEASE OF HIS OR HER RECORDS AND SUCH OBJECTION WAS IN WRITING OR OTHERWISE DOCUMENTED IN THE INDIVIDUAL'S SERVICES PLAN AND HAD NOT BEEN WITHDRAWN, THE COMMISSIONER SHALL NOT AUTHORIZE THE RELEASE OF SUCH RECORDS. S 2. Subdivision (c) of section 33.13 of the mental hygiene law is amended by adding a new paragraph 17 to read as follows: 17. UPON WRITTEN REQUEST BY THE PHYSICIAN OF A FAMILY MEMBER OF AN INDIVIDUAL, WHO HAS A DEMONSTRABLE MEDICAL NEED FOR SUCH INFORMATION AS IT IS RELEVANT TO THE FAMILY MEMBER'S OWN HEALTH CARE. THE COMMISSIONER EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04385-01-5
2015-S3636A (ACTIVE) - Details
- See Assembly Version of this Bill:
- A1090
- Current Committee:
- Assembly Mental Health
- Law Section:
- Mental Hygiene Law
- Laws Affected:
- Amd §§13.09 & 33.13, Ment Hyg L
- Versions Introduced in Other Legislative Sessions:
-
2009-2010:
S3485
2011-2012: S3168, A8471
2013-2014: S5224, A5924
2017-2018: S685, A2410
2019-2020: A3165
2015-S3636A (ACTIVE) - Sponsor Memo
BILL NUMBER: S3636A TITLE OF BILL : An act to amend the mental hygiene law, in relation to authorizing the release of certain records of deceased residents of OPWDD operated or certified facilities to family members upon written request PURPOSE OF THE BILL : This bill would amend the Mental Hygiene Law (MHL) to authorize the release of certain records of deceased residents of facilities certified or operated by the Office of People with Developmental Disabilities (OPWDD). SUMMARY OF PROVISIONS : Section 1 of the bill would add a new subdivision (f) to MHL § 13.09 and reletter subdivision (f) to subdivision (h) to allow the Commissioner of OPWDD to promulgate regulations that would provide for the release of certain records of deceased residents of OPWDD certified or operated facilities to a family member other than a qualified person as defined by MIL § 33.16 Section 2 of the bill would amend MHL § 33.13(c) by adding a new paragraph (18) upon a written request by the physician of a family member when there is a demonstrable medical need for such information
2015-S3636A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 3636--A 2015-2016 Regular Sessions I N S E N A T E February 13, 2015 ___________ Introduced by Sen. ORTT -- read twice and ordered printed, and when printed to be committed to the Committee on Mental Health and Develop- mental Disabilities -- recommitted to the Committee on Mental Health and Developmental Disabilities in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the mental hygiene law, in relation to authorizing the release of certain records of deceased residents of OPWDD operated or certified 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. Subdivision (f) of section 13.09 of the mental hygiene law is relettered subdivision (h) and a new subdivision (f) is added to read as follows: (F) NOTWITHSTANDING THE PROVISIONS OF SECTIONS 33.13 AND 33.16 OF THIS CHAPTER, THE COMMISSIONER SHALL PROMULGATE REGULATIONS TO COVER THE RELEASE OF CERTAIN RECORDS PERTAINING TO A DECEASED INDIVIDUAL WHO RESIDED IN A FACILITY OPERATED OR CERTIFIED BY THE OFFICE. THE REGU- LATIONS SHALL SPECIFY WHICH INFORMATION SHALL BE RELEASED AND SHALL INCLUDE SUCH RECORDS AS THE INDIVIDUAL'S NAME; DATES OF ADMISSION, DISCHARGE, BIRTH AND DEATH; CAUSE OF DEATH; TREATMENT, AND SERVICES PROVIDED; EMPLOYMENT; AND RESIDENTIAL HISTORY TO FAMILY MEMBERS, UNLESS THE DECEASED INDIVIDUAL, OR IN THE CASE OF AN INDIVIDUAL WHO LACKED CAPACITY TO CONSENT TO THE RELEASE OF HIS OR HER RECORDS, A QUALIFIED PERSON AS DEFINED IN PARAGRAPH SIX OF SUBDIVISION (A) OF SECTION 33.16 OF THIS CHAPTER, HAD PREVIOUSLY OBJECTED TO THE RELEASE OF HIS OR HER RECORDS AND SUCH OBJECTION WAS IN WRITING OR OTHERWISE DOCUMENTED IN THE INDIVIDUAL'S SERVICES PLAN AND HAD NOT BEEN WITHDRAWN, THE COMMISSIONER SHALL NOT AUTHORIZE THE RELEASE OF SUCH RECORDS. S 2. Subdivision (c) of section 33.13 of the mental hygiene law is amended by adding a new paragraph 18 to read as follows: EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04385-02-6
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