Senate Bill S5428A

Vetoed By Governor
2015-2016 Legislative Session

Relates to people in the custody of the department of corrections and community supervision and a medical authorization form to disclose private medical information

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Archive: Last Bill Status Via A7501 - Vetoed by Governor


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Vetoed By Governor
  • Signed By Governor

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Bill Amendments

2015-S5428 - Details

See Assembly Version of this Bill:
A7501
Law Section:
Correction Law
Laws Affected:
Amd §71, Cor L

2015-S5428 - Summary

Relates to people in the custody of the department of corrections and community supervision and a medical authorization form to disclose private medical information.

2015-S5428 - Sponsor Memo

2015-S5428 - Bill Text download pdf

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

                                  5428

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              May 14, 2015
                               ___________

Introduced  by  Sen.  RIVERA -- read twice and ordered printed, and when
  printed to be committed to the Committee on Crime Victims,  Crime  and
  Correction

AN ACT to amend the correction law, in relation to people in the custody
  of  the  department  of  corrections  and  community supervision and a
  medical authorization form to disclose private medical information

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

  Section 1. Section 71 of the correction law is amended by adding a new
subdivision 9 to read as follows:
  9.  (A)  ANY  PERSON  WHO  IS  IN  THE CUSTODY OF THE DEPARTMENT SHALL
RECEIVE AN OPPORTUNITY TO COMPLETE AN  AUTHORIZATION  FORM  TO  DISCLOSE
PRIVATE  MEDICAL  INFORMATION TO ANY NEXT OF KIN OR OTHER REPRESENTATIVE
OF HIS OR HER CHOICE AND AN AUTHORIZATION FOR RELEASE OF INFORMATION  TO
DISCLOSE MENTAL HEALTH TREATMENT INFORMATION TO ANY NEXT OF KIN OR OTHER
REPRESENTATIVE  OF  HIS  OR  HER  CHOICE UPON SUCH PERSON'S ARRIVAL AT A
DESIGNATED RECEPTION FACILITY AND  UPON  ORIENTATION  CONDUCTED  AT  ANY
FACILITY  AS A RESULT OF ANY TRANSFER DURING THE COURSE OF SUCH PERSON'S
INCARCERATION. SUCH AUTHORIZATION SHALL BE IN FORCE UNTIL THE INMATE  IS
TRANSFERRED, DIES OR REVOKES SUCH AUTHORIZATION IN WRITING. SUCH AUTHOR-
IZATION MAY BE REVISED OR REVOKED UPON REQUEST BY THE INMATE.
  (B)  (I)  THE  COMMISSIONER  SHALL PROVIDE A COPY OF ANY SUCH AUTHORI-
ZATION TO THE PERSON AUTHORIZED BY THE INMATE AS SOON AS  IS  REASONABLY
PRACTICABLE.
  (II)  SUCH  AUTHORIZED INDIVIDUAL IS TO BE PROVIDED WITH SUCH INMATE'S
PROTECTED HEALTH INFORMATION AS GOVERNED BY THE HEALTH INSURANCE  PORTA-
BILITY  AND  ACCOUNTABILITY  ACT  OF  1996,  ALSO KNOWN AS HIPAA, 42 USC
1320D, 45 CFR 160-164, AND SECTIONS SEVENTEEN AND  TWENTY-SEVEN  HUNDRED
EIGHTY-TWO  OF  THE PUBLIC HEALTH LAW. ANY PHYSICIAN, HEALTHCARE PROFES-
SIONAL, DENTIST, HEALTH PLAN, HOSPITAL, CLINIC, LABORATORY, PHARMACY  OR
OTHER  HEALTH  CARE  PROVIDER IS HEREBY AUTHORIZED TO GIVE, DISCLOSE AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11058-01-5
              

2015-S5428A (ACTIVE) - Details

See Assembly Version of this Bill:
A7501
Law Section:
Correction Law
Laws Affected:
Amd §71, Cor L

2015-S5428A (ACTIVE) - Summary

Relates to people in the custody of the department of corrections and community supervision and a medical authorization form to disclose private medical information.

2015-S5428A (ACTIVE) - Sponsor Memo

2015-S5428A (ACTIVE) - Bill Text download pdf

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

                                 5428--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              May 14, 2015
                               ___________

Introduced  by  Sen.  RIVERA -- read twice and ordered printed, and when
  printed to be committed to the Committee on Crime Victims,  Crime  and
  Correction -- committee discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee

AN ACT to amend the correction law, in relation to people in the custody
  of  the  department  of  corrections  and  community supervision and a
  medical authorization form to disclose private medical information

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

  Section 1. Section 71 of the correction law is amended by adding a new
subdivision 9 to read as follows:
  9.  (A)  ANY  PERSON  WHO  IS  IN  THE CUSTODY OF THE DEPARTMENT SHALL
RECEIVE AN OPPORTUNITY TO COMPLETE AN  AUTHORIZATION  FORM  TO  DISCLOSE
PRIVATE  MEDICAL  INFORMATION TO ANY NEXT OF KIN OR OTHER REPRESENTATIVE
OF HIS OR HER CHOICE AND AN AUTHORIZATION FOR RELEASE OF INFORMATION  TO
DISCLOSE MENTAL HEALTH TREATMENT INFORMATION TO ANY NEXT OF KIN OR OTHER
REPRESENTATIVE  OF  HIS  OR  HER  CHOICE UPON SUCH PERSON'S ARRIVAL AT A
DESIGNATED RECEPTION FACILITY AND  UPON  ORIENTATION  CONDUCTED  AT  ANY
FACILITY  AS A RESULT OF ANY TRANSFER DURING THE COURSE OF SUCH PERSON'S
INCARCERATION. SUCH AUTHORIZATION SHALL BE IN FORCE UNTIL THE INMATE  IS
TRANSFERRED, DIES OR REVOKES SUCH AUTHORIZATION IN WRITING. SUCH AUTHOR-
IZATION MAY BE REVISED OR REVOKED UPON REQUEST BY THE INMATE.
  (B)  (I)  THE  COMMISSIONER  SHALL PROVIDE A COPY OF ANY SUCH AUTHORI-
ZATION TO THE PERSON AUTHORIZED BY THE INMATE AS SOON AS  IS  REASONABLY
PRACTICABLE.
  (II)  SUCH  AUTHORIZED INDIVIDUAL IS TO BE PROVIDED WITH SUCH INMATE'S
PROTECTED HEALTH INFORMATION AS GOVERNED BY THE HEALTH INSURANCE  PORTA-
BILITY  AND  ACCOUNTABILITY  ACT  OF  1996,  ALSO KNOWN AS HIPAA, 42 USC
1320D, 45 CFR 160-164, AND SECTIONS SEVENTEEN AND  TWENTY-SEVEN  HUNDRED
EIGHTY-TWO  OF  THE PUBLIC HEALTH LAW. ANY PHYSICIAN, HEALTHCARE PROFES-
SIONAL, DENTIST, HEALTH PLAN, HOSPITAL, CLINIC, LABORATORY, PHARMACY  OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11058-03-5
              

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