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S3802Senate2013-2014 SessionSame asA4100

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

Sponsor David CarlucciSD-38Affects Health
Status
Signed by Governor
Impact
Pending
Outcome
Signed into law

Bill progress

Signed into law

What's happening

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Who cares

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Sponsors

Primary sponsor
David Carlucci

Senator · Senate District 38

Chair, Mental Health And Developmental Disabilities

No co-sponsors yet.

History

  1. Signed chap.395
  2. Delivered to governor
  3. Returned to senate
  4. Passed assembly
  5. Ordered to third reading rules cal.101
  6. Substituted for A4100
  7. Referred to mental health
  8. Delivered to assembly
  9. Passed senateVote 60–0
  10. Advanced to third reading
  11. 2nd report cal.
  12. 1st report cal.174
Show 1 earlier action
  1. Referred to mental health and developmental disabilities

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

A4100Assembly

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

Assembly Floor Calendar · Sponsor Harvey Weisenberg

Full text

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

Sponsor's memo

BILL NUMBER:S3802

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.

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

2012 A9037 Passed Assembly/S6620 Mental Health and Developmental Disabilities Committee

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.