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Sponsors
1 Co-sponsor
History
- Referred to mental health
- Delivered to assembly
- Passed senateVote 59–0
- Advanced to third reading
- 2nd report cal.
- 1st report cal.249
- Referred to mental health and developmental disabilities
- Committed to rules
- Advanced to third reading
- 2nd report cal.
- 1st report cal.141
- Referred to mental health and developmental disabilities
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
Title of bill
An act to amend the mental hygiene law, in relation to authorizing the release of certain records of deceased residents of OMRDD operated or certified facilities to family members upon written request
Purpose of the bill
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 Retardation and Developmental Disabilities (OMRDD).
Summary of provisions
Section 1 of the bill would add a new subdivision (g) to MHL § 13.09 and reletter subdivision (f) to subdivision (h) to authorize the Commissioner of OMRDD to promulgate regulations that would provide for the release of certain records of deceased residents of OMRDD certified or operated facilities upon written request to a family member other than a qualified person as defined by MHL § 33.16(a)(6) on a case-by-case basis.
Read the full memo (667 words)
Section 2 of the bill would amend MHL § 33.13(c) by adding a new paragraph (15) to authorize the release of records of a deceased resident upon a written request by the physician of a family member when there is a demonstrable medical need for such information as it is relevant to the family member's own health care.
Section 3 of the bill provides that section 1 of the bill would take effect 180 days after enactment and section 2 of the bill would take effect immediately upon enactment.
Existing law
The MHL does not allow for release of information about a deceased individual to a family member who is not a "qualified person" pursuant to MHL §§ 33.13, 33.16. Only certain qualified family members, who are parents, a spouse or an adult child of the individual, may obtain information.
In accordance with a national movement and laws in other states to give dignity to institutionalized persons with developmental disabilities who, upon their death, were usually assigned only a number in a state facility cemetery or otherwise had an unmarked grave, Chapter 520 of the Laws of 2008 was enacted to provide for release of very limited information about a deceased resident of an OMRDD facility (i.e. names and birth/death dates) for the sole purpose of inscribing a cemetery marker.
Prior legislative history
This is a new proposal.
Statement in support
Currently, the MHL allows for the release of records of deceased residents of OMRDD facilities only to those "qualified" family members specified in MHL § 13.09, namely, a parent, a spouse, or an adult child of such individual. This bill would authorize the commissioner of OMRDD to develop regulations in order to provide certain information to other family members on a case-by-case basis. Family members may learn of the existence of their relative only after the relative's death, and may have no ability to ascertain whether their relative even existed. The types of information to be released could include the person's name, dates of birth, death and admission, discharge/release, cause of death, diagnosis, treatment, services provided, employment and family history. Where the commissioner has determined that the release of information is appropriate pursuant to the standards set forth in regulation, this bill would allow for release unless the individual or a qualified family member had objected during his or her lifetime and such objection was documented in the individual's services plan.
The bill would also amend MHL § 33.13 hy adding a new paragraph 15 to provide for the release of records to a physician of a family member, who is not a qualified person, when the family member has a demonstrable medical need for such information. This provision would bring State law into compliance with the federal Health Insurance portability and Accountability Act (HIPAA) which allows for release of clinical information to a family member for this specific purpose.
Budget implications
This proposal has no fiscal implications.
EFFECTIVE DATE Section 1 of the bill would take effect 180 days after enactment and Section 2 would take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.