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S6620Senate2011-2012 SessionSame asA9037

Relates to the release of mental hygiene records pertaining to allegations and investigations of abuse or mistreatment

Sponsor Roy J. McDonaldSD-43+4 co-sponsors
Status
In Senate Committee
Mental Health And Developmental Disabilities
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Mental Health And Developmental Disabilities

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Sponsors

Primary sponsor
Roy J. McDonald

Senator · Senate District 43

Chair, Mental Health And Developmental Disabilities

History

  1. Print number 6620a
  2. Amend (t) and recommit to mental health and developmental disabilities
  3. Referred to mental health and developmental disabilities

Companion bill

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

BILL NUMBER:S6620A

Title of bill

An act to amend the mental hygiene law, in relation to the further dissemination of records pertaining to allegations and investigations of abuse and mistreatment at a facility to certain persons

Purpose or general idea of bill

Amends Chapter 24 of the Laws of 2007 (Jonathan's Law) and clarifies the legislative intent of certain provisions.

Summary of specific provisions

Subdivision (b) of section 33.25 of the mental hygiene law, as added by chapter 24 of the laws of 2007, is amended to strike certain language regarding the further dissemination of records by the recipient.

Justification

Chapter 24 of the Laws of 2007 (Jonathan's Law) mandated the timely notification and the release of reports and records to qualified family members with regard to incidents of abuse of an individual under the care of these facilities.

The law contained language that prohibits the "further dissemination" of records obtained by parents or guardians with regard to abuse of individuals with developmental disabilities who reside in facilities licensed by the New York State Office for People with Developmental Disabilities (OPWDD).

Since Jonathan's Law was enacted, the language prohibiting the further dissemination of these records has often been interpreted inconsistently, and is at odds with the legislative intent of the original chapter. For example, when family members request and receive reports of abuse of their loved ones, the documents are provided with a letter from the agency stating the information is "highly confidential" and the reports themselves are stamped in large bold letters "CONFIDENTIAL - DO NOT DISCLOSE". It remains unclear whether these records can be shared, for instance, with an attorney representing the family, or even law enforcement agencies, where a crime has clearly been committed.

This bill will clarify that records can be shared with a health care provider; a behavioral health care provider; law enforcement if the recipient believes a crime has been committed; or the recipients' attorney. The cover letter accompanying the records shall reflect this information.

Given the recent series of New York Times articles exposing allegations of widespread abuse and the unacceptable lack of criminal reporting of these incidents by those charged under law to do so, it is imperative that we allow the qualified recipients of these reports of abuse to utilize them in a manner that will best protect the individual and provide for swift justice of crimes against this vulnerable population.

Prior legislative history

None.

Fiscal implications

None.

Effective date

Immediate.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.