Grants the state commission of correction authority to access inmate medical records.

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S6847-2011 Actions

• Jul 18, 2012: SIGNED CHAP.232
• Jul 6, 2012: DELIVERED TO GOVERNOR
• Jun 20, 2012: returned to senate
• Jun 20, 2012: passed assembly
• Jun 20, 2012: ordered to third reading cal.472
• Jun 20, 2012: substituted for a9553
• May 8, 2012: referred to codes
• May 8, 2012: DELIVERED TO ASSEMBLY
• May 8, 2012: PASSED SENATE
• May 7, 2012: ADVANCED TO THIRD READING
• May 2, 2012: 2ND REPORT CAL.
• May 1, 2012: 1ST REPORT CAL.683
• Mar 28, 2012: REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION

S6847-2011 Meetings

Crime Victims, Crime and Correction: May 1, 2012

S6847-2011 Calendars

Active List: May 8, 2012 , Floor Calendar: May 2, 2012 , Floor Calendar: May 7, 2012 , Floor Calendar: May 8, 2012

S6847-2011 Votes

S6847-2011 Memo

BILL NUMBER:S6847

TITLE OF BILL:

An act
to amend the correction law, in relation to granting the state
commission of correction authority to access inmate medical records

PURPOSE OF BILL:

This bill would amend the Correction Law to clarify that the State
Commission of Correction ("the Commission") has the authority to
obtain medical records of certain inmates being treated in outside
medical facilities.

SUMMARY OF PROVISIONS:

Section 1 of the bill would amend Correction Law � 46(1) to
specifically include inmate medical records in the type of
information to which the Commission has access.

Section 2 of the bill would amend Correction Law � 46(2) to authorize
Commission attorneys to issue and enforce subpoenas on behalf of the
Commission; it also provides that the Commission's subpoena powers
extend to the medical records of inmates that are made outside of a
correctional facility during the inmate's incarceration.

Section 3 of the bill provides the effective date.

EXISTING LAW:

Correction Law � 47 requires the Commission's Correction Medical
Review Board ("the Board") to investigate and report on the systems
for delivery of medical care to inmates in correctional facilities,
and to investigate the death of any such inmate. Pursuant to
Correction Law � 46(1), the Commission is entitled to access to all
books, records, data or information pertaining to any correctional
facility that is deemed necessary for carrying out the commission's
functions, powers and duties.

PRIOR LEGISLATIVE HISTORY:

This is a new bill.

STATEMENT IN SUPPORT:

As the only agency charged with overseeing the overall delivery of
health care in jails and prisons, it is imperative that the Commission
have access to all inmate medical records.
The issue becomes particularly problematic in the case of an inmate
death. The Board is

statutorily charged with investigating these deaths, rendering
findings and recommendations to prevent future such events. The most
seriously ill inmates invariably end up in hospital care, and
access to their medical records is vital to ascertaining cause of
death, as well as being one of the best sources of information on the
quality of care the inmate was receiving in a correctional facility.

The Board's ability to perform these vital functions has been limited
by determinations in some jurisdictions that the Commission's
authority does not extend to inmate medical records, especially those
made and kept outside of a correctional facility. In support of this
position, these jurisdictions cite the Health Insurance Portability
and Accountability Act ("HIPAA") and the physician-patient privilege
set forth in CPLR � 4504. This has resulted in hospitals occasionally
refusing to honor Commission subpoenas.

The Commission is currently appealing the decision of the Appellate
Division, First Department, upholding the determination of the
Supreme Court, New York County, granting the motion of the Health and
Hospitals Corporation ("HHC") to quash a Commission subpoena based
upon the court's finding that the physician-patient privilege
prevented the Commission from accessing these records. See Matter
of NYC Health and Hospitals Corp. v.
NYS Commission of Correction, 76 A.D.3d 453 (1st Dep't 2010); compare
Matter of State Commission of Correction v. Nassau County Medical
Center, 137 A.D.2d 127 (3rd Dep't 1988) (upholding Board's subpoena
for medical records of inmate who died at the county hospital). The
First Department's ruling effectively prevents the Commission from
gaining access to any of the New York City Department of Correction
(Rikers Island) inmate hospital records, as all New York City inmates
are treated at HHC hospitals when acute care is required. As a
result, the Board's ability to conduct a thorough investigation of
both inmate health care issues and inmate deaths has been hindered.
This bill would permit the Board to perform its statutory mandates in
every jurisdiction in the State.

BUDGET IMPLICATIONS:

This bill would have no budgetary impact.

EFFECTIVE DATE:

This bill would take effect immediately.

S6847-2011 Text

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

                                    6847

                              I N  SENATE

                               March 28, 2012
                                 ___________

  Introduced  by  Sen.  NOZZOLIO  --  (at request of the NYS Commission of
    Correction) -- 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 granting the state
    commission of correction authority to access inmate medical records

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


    Section 1. Subdivision 1 of section 46 of the correction law, as added
  by chapter 865 of the laws of 1975, is amended to read as follows:

    1.    The  commission,  any  member  or any employee designated by the
  commission must be granted access at any and all times  to  any  correc-
  tional  facility  or  part  thereof  and  to  all books, records, INMATE
  MEDICAL RECORDS and data pertaining to any correctional facility  deemed
  necessary  for  carrying  out  the  commission's  functions,  powers and
  duties.  The commission, any member or any employee  designated  by  the
  chairman  may  require  from the officers or employees of a correctional
  facility any information deemed necessary for the  purpose  of  carrying
  out the commission's functions, powers and duties.
    S  2. Subdivision 2 of section 46 of the correction law, as amended by
  chapter 536 of the laws of 1994, is amended to read as follows:

    2. In the exercise of its functions, powers and duties, the commission
  [and], any member, AND  ANY  ATTORNEY  EMPLOYED  BY  THE  COMMISSION  is
  authorized  to  issue and enforce a subpoena and a subpoena duces tecum,
  administer oaths and examine persons under oath, in accordance with  and
  pursuant  to  civil practice law and rules. A person examined under oath
  pursuant to this subdivision shall have the right to be  accompanied  by
  counsel  who  shall advise the person of their rights subject to reason-
  able limitations to prevent obstruction of, or  interference  with,  the
  orderly conduct of the examination.  NOTWITHSTANDING ANY OTHER PROVISION
  OF  LAW, A SUBPOENA MAY BE ISSUED AND ENFORCED PURSUANT TO THIS SUBDIVI-
  SION FOR THE MEDICAL RECORDS OF AN INMATE OF  A  CORRECTIONAL  FACILITY,
  REGARDLESS  OF  WHETHER SUCH MEDICAL RECORDS WERE MADE DURING THE COURSE
  OF THE INMATE'S INCARCERATION.
    S 3. This act shall take effect immediately.

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD14466-01-2