Relates to establishing a universal child health passport; the holders of such passport universally consent to the transfer or release of pertinent records and/or information to certain groups without individual consent of the parent or guardian of such child.

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S4110-2011 Actions

• Jan 4, 2012: REFERRED TO MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES
• Mar 18, 2011: REFERRED TO MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES

S4110-2011 Memo

BILL NUMBER:S4110

TITLE OF BILL:
An act
to amend the mental hygiene law, in relation to creating a universal
child health passport

PURPOSE OR GENERAL IDEA OF BILL:
To allow easy transfer of basic
patient information of children with mental health diagnoses, so
facilitate and effective appropriate care without wasted time waiting
for consent forms and other approvals.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1: The commissioner is
authorized and directed to create and implement a universal child
health passport, which shall allow mental health patients to
universally consent to the transfer or release of pertinent records.
To be effective, the passport shall be signed by the parent or legal
guardian of the child who is the recipient of such passport. Such a
passport will have a one year expiration date from the date the
passport is issued and shall require annual renewal.

Section 2: Defines pertinent records.

Section 3: Defines groups eligible to receive or share pertinent
records and/or information.

Section 4: The parent or guardian of a universal health passport shall
have the right to eliminate any part of the holder's medical history
from the information to be transferred or released.

JUSTIFICATION:
Treatment providers need access to pertinent records
in order to prescribe the more effective care from children with
mental/behavioral health issues. HIPAA regulations as well as agency
policies and process often prevent records being shared among
agencies treating the child. This negatively impacts the cost and
quality of care.

PRIOR LEGISLATIVE HISTORY:
2010: Referred to health

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
This bill shall take effect on the one hundred
twentieth day after it shall become law.

S4110-2011 Text

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

                                    4110

                         2011-2012 Regular Sessions

                              I N  SENATE

                               March 18, 2011
                                 ___________

  Introduced  by Sen. McDONALD -- 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  creating  a
    universal child health passport

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


    Section 1. Title B of the mental hygiene law is amended  by  adding  a
  new article 6 to read as follows:

                                  ARTICLE 6
                       UNIVERSAL CHILD HEALTH PASSPORT
  SECTION 6.01 UNIVERSAL CHILD HEALTH PASSPORT.
          6.02 PERTINENT  RECORDS AND/OR INFORMATION ELIGIBLE FOR TRANSFER
                 OR RELEASE.
          6.03 GROUPS ELIGIBLE  TO  RECEIVE  OR  SHARE  PERTINENT  RECORDS
                 AND/OR INFORMATION.
          6.04 RIGHTS RESERVED.
  S 6.01 UNIVERSAL CHILD HEALTH PASSPORT.
    1.  THE  COMMISSIONER  IS HEREBY AUTHORIZED AND DIRECTED TO CREATE AND
  IMPLEMENT A UNIVERSAL CHILD HEALTH PASSPORT, WHICH  SHALL  ALLOW  MENTAL
  HEALTH  PATIENTS  TO  UNIVERSALLY  CONSENT TO THE TRANSFER OR RELEASE OF
  PERTINENT RECORDS AND/OR INFORMATION TO CERTAIN GROUPS.
    2. TO BE EFFECTIVE, THE PASSPORT SHALL BE  SIGNED  BY  THE  PARENT  OR
  LEGAL GUARDIAN OF THE CHILD, WHO IS THE RECIPIENT OF SUCH PASSPORT.
    3.  SUCH PASSPORT SHALL HAVE A ONE YEAR EXPIRATION DATE, FROM THE DATE
  THE PASSPORT WAS ISSUED, AND SHALL REQUIRE RENEWAL EVERY YEAR  THEREAFT-
  ER.
  S 6.02 PERTINENT  RECORDS  AND/OR  INFORMATION  ELIGIBLE FOR TRANSFER OR
           RELEASE.
    PERTINENT RECORDS AND/OR INFORMATION ELIGIBLE FOR TRANSFER OR  RELEASE
  SHALL INCLUDE:


   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD06853-02-1

 S. 4110                             2

    1. ANY INDIVIDUALIZED EDUCATION PROGRAM WHICH INCLUDES AN INTELLIGENCE
  QUOTIENT OR EDUCATIONAL TESTING COMPONENT;
    2. MEDICAL AND MENTAL HEALTH TREATMENT RECORDS;
    3. CONTACT INFORMATION; AND
    4. ANY ESTABLISHED CRISIS OR SAFETY PLAN IF AVAILABLE.
  S 6.03 GROUPS  ELIGIBLE  TO  RECEIVE  OR  SHARE PERTINENT RECORDS AND/OR
           INFORMATION.
    GROUPS ELIGIBLE TO RECEIVE OR  SHARE  SUCH  PERTINENT  RECORDS  AND/OR
  INFORMATION  SHALL  INCLUDE BUT SHALL NOT BE LIMITED TO, SERVICE PROVID-
  ERS, SUCH  AS  CLINICS,  LICENSED  PROFESSIONALS,  HOSPITALS,  EMERGENCY
  ROOMS, CRISIS INTERVENTION SERVICES, AND ANY OTHER PERSON WHO DEEMS THIS
  INFORMATION VITAL TO PROVIDE SAFE AND APPROPRIATE CARE IN A CRISIS SITU-
  ATION.
  S 6.04 RIGHTS RESERVED.
    THE  PARENT  OR GUARDIAN OF A HOLDER OF A UNIVERSAL CHILD HEALTH PASS-
  PORT, SHALL RESERVE THE RIGHT TO ELIMINATE  ANY  PART  OF  THE  HOLDER'S
  MEDICAL HISTORY FROM THE INFORMATION TO BE TRANSFERRED OR RELEASED.
    S 2. This act shall take effect on the one hundred twentieth day after
  it shall have become a law.