NY State Senate Bill 2013-S3802

Senate Bill S3802

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

Archive: Last Bill Status - 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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Oct 21, 2013	signed chap.395
Oct 09, 2013	delivered to governor
Jun 11, 2013	returned to senate passed assembly ordered to third reading rules cal.101 substituted for a4100
Apr 29, 2013	referred to mental health delivered to assembly passed senate
Mar 11, 2013	advanced to third reading
Mar 07, 2013	2nd report cal.
Mar 06, 2013	1st report cal.174
Feb 15, 2013	referred to mental health and developmental disabilities

Votes

- Apr 29, 2013 - Floor Vote
  S3802
  
  60
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  3
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Apr 29, 2013
      
      aye (60)
      
      Adams
      
      Addabbo Jr.
      
      Avella
      
      Ball
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Espaillat
      
      Farley
      
      Felder
      
      Flanagan
      
      Fuschillo
      
      Gallivan
      
      Gianaris
      
      Gipson
      
      Golden
      
      Griffo
      
      Grisanti
      
      Hannon
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      Kennedy
      
      Klein
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Maziarz
      
      Montgomery
      
      Nozzolio
      
      O'Brien
      
      O'Mara
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sampson
      
      Savino
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Tkaczyk
      
      Valesky
      
      Young
      
      Zeldin
      
      excused (3)
      
      Krueger
      
      Libous
      
      Sanders Jr.
  Mar 6, 2013 - Committee Vote
  S3802
  
  10
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Committee Vote: Mar 6, 2013
      
      aye (10)
      
      Ball
      
      Bonacic
      
      Carlucci
      
      Felder
      
      Hannon
      
      Krueger
      
      Latimer
      
      Seward
      
      Tkaczyk
      
      Zeldin
      
      aye wr (1)
      
      Adams

2013-S3802 (ACTIVE) - Details

See Assembly Version of this Bill:: A4100
Law Section:: Mental Hygiene Law
Laws Affected:: Amd §33.25, Ment Hyg L
Versions Introduced in 2011-2012 Legislative Session:: S6620, A9037

2013-S3802 (ACTIVE) - Summary

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

2013-S3802 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S3802

TITLE OF BILL:  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

PURPOSE OR GENERAL IDEA OF BILL: Amends Chapter 24 of the Laws of 2007
(Jonathan's Law) and clarifies the legislative intent of certain
provisions.

SUMMARY OF SPECIFIC PROVISIONS: Subdivision (b) of section 33.25 of
the mental hygiene law, as added by chapter 24 of the laws of 2007, is
amended to strike certain language regarding the further dissemination
of records by the recipient.

JUSTIFICATION: Chapter 24 of the Laws of 2007 (Jonathan's Law)
mandated the timely notification and the release of reports and
records to qualified family members with regard to incidents of abuse
of an individual under the care of these facilities.

The law contained language that prohibits the "further dissemination"
of records obtained by parents or guardians with regard to abuse of
individuals with developmental disabilities who reside in facilities
licensed by the New York State Office for People with Developmental
Disabilities (OPWDD).

Since Jonathan's Law was enacted, the language prohibiting the further
dissemination of these records has often been interpreted
inconsistently, and is at odds with the legislative intent of the
original chapter. For example, when family members request and receive
reports of abuse of their loved ones, the documents are provided with
a letter from the agency stating the information is "highly
confidential" and the reports themselves are stamped in large bold
letters "CONFIDENTIAL - DO NOT DISCLOSE". It remains unclear whether
these records can be shared, for instance, with an attorney
representing the family, or even law enforcement agencies, where a
crime has clearly been committed.

Given the recent series of New York Times articles exposing
allegations of widespread abuse and the unacceptable lack of criminal
reporting of these incidents by those charged under law to do so, it
is imperative that we allow the qualified recipients of these reports
of abuse to utilize them in a manner that will best protect the
individual and provide for swift justice of crimes against this
vulnerable population.

PRIOR LEGISLATIVE HISTORY:  2012 A9037 Passed Assembly/S6620 Mental
Health and Developmental Disabilities Committee

FISCAL IMPLICATIONS: None

EFFECTIVE DATE: Immediate

2013-S3802 (ACTIVE) - Bill Text download pdf

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

                                  3802

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 15, 2013
                               ___________

Introduced  by Sen. CARLUCCI -- 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  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-
GATIONS OR INQUIRY BY ANY PATIENT, FORMER PATIENT, OR  QUALIFIED  PERSON
OR PERSON OR OFFICIAL SPECIFIED IN PARAGRAPH (I), (II), (III) OR (IV) OF
SUBDIVISION  (B) OF THIS SECTION ACTING ON BEHALF OF ANY PATIENT, FORMER
PATIENT OR PATIENT'S ESTATE, IN ANY LEGAL ACTION OR  PROCEEDING  BROUGHT
BY OR ON BEHALF OF SUCH PATIENT, FORMER PATIENT OR PATIENT'S ESTATE.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD07444-01-3

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