Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Feb 27, 2018 |
referred to mental health delivered to assembly passed senate |
Feb 12, 2018 |
amended on third reading 690a |
Jan 23, 2018 |
advanced to third reading |
Jan 22, 2018 |
2nd report cal. |
Jan 17, 2018 |
1st report cal.171 |
Jan 03, 2018 |
referred to mental health and developmental disabilities returned to senate died in assembly |
Mar 20, 2017 |
referred to mental health delivered to assembly passed senate |
Mar 01, 2017 |
advanced to third reading |
Feb 28, 2017 |
2nd report cal. |
Feb 14, 2017 |
1st report cal.240 |
Jan 04, 2017 |
referred to mental health and developmental disabilities |
Senate Bill S690A
2017-2018 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
2017-S690 - Details
2017-S690 - Sponsor Memo
BILL NUMBER: S690 TITLE OF BILL : An act to amend the mental hygiene law, in relation to authorizing the release of certain records of deceased residents of mental health facilities to family members upon written request PURPOSE : 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 Mental Health (OMR). SUMMARY OF PROVISIONS : Section 1 requires the commissioner to promulgate regulations governing the release of certain records pertaining to a deceased individual who resided in a facility operated by the Office to a family member upon written request. Section 2 states that regulations shall be promulgated for the release of information upon written request by a physician of family member who has demonstrated medical need for such information. Section 3 is the effective date.
2017-S690 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 690 2017-2018 Regular Sessions I N S E N A T E January 4, 2017 ___________ 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 mental health 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. Section 7.09 of the mental hygiene law is amended by adding a new subdivision (l) to read as follows: (L) NOTWITHSTANDING THE PROVISIONS OF SECTIONS 33.13 AND 33.16 OF THIS CHAPTER, THE COMMISSIONER SHALL PROMULGATE REGULATIONS GOVERNING 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. SUCH RECORDS MAY BE PROVIDED TO FAMILY MEMBERS UPON WRITTEN REQUEST. THE COMMISSIONER SHALL NOT AUTHORIZE THE RELEASE OF SUCH RECORDS WHERE THE DECEASED INDIVIDUAL 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. 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 MAY OBJECT TO SUCH RELEASE. § 2. Subdivision (c) of section 33.13 of the mental hygiene law is amended by adding a new paragraph 18 to read as follows: 18. 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.
2017-S690A (ACTIVE) - Details
2017-S690A (ACTIVE) - Sponsor Memo
BILL NUMBER: S690A SPONSOR: ORTT TITLE OF BILL: An act to amend the mental hygiene law, in relation to authorizing the release of certain records of deceased residents of mental health facil- ities to family members upon written request PURPOSE: 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 Mental Health (OMR). SUMMARY OF PROVISIONS: Section 1 requires the commissioner to promulgate regulations governing the release of certain records pertaining to a deceased individual who resided in a facility operated by the Office to a family member upon written request.
2017-S690A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 690--A Cal. No. 171 2017-2018 Regular Sessions I N S E N A T E January 4, 2017 ___________ 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 -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading AN ACT to amend the mental hygiene law, in relation to authorizing the release of certain records of deceased residents of mental health 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. Section 7.09 of the mental hygiene law is amended by adding a new subdivision (l) to read as follows: (L) NOTWITHSTANDING THE PROVISIONS OF SECTIONS 33.13 AND 33.16 OF THIS CHAPTER, THE COMMISSIONER SHALL PROMULGATE REGULATIONS IN ACCORDANCE WITH THE FEDERAL HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996, AND ANY REGULATIONS PROMULGATED THEREUNDER, GOVERNING THE RELEASE OF CERTAIN RECORDS PERTAINING TO A DECEASED INDIVIDUAL WHO RESIDED IN A FACILITY OPERATED OR CERTIFIED BY THE OFFICE. THE REGULATIONS 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. SUCH RECORDS MAY BE PROVIDED TO FAMILY MEMBERS UPON WRITTEN REQUEST. THE COMMISSIONER SHALL NOT AUTHORIZE THE RELEASE OF SUCH RECORDS WHERE THE DECEASED INDIVIDUAL 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. 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 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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