Relates to the release of patient records by the office of mental health

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 (OMH).

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.

Justification

This bill would authorize the commissioner of OMH 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 by adding a new paragraph 18 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.

Legislative history

None

Fiscal implications

None

Effective date

The act shall take effect immediately provided section one will take effect 180 days after.