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Sponsors
Senator · Senate District 62
No co-sponsors yet.
History
- Substituted by A2143
- Advanced to third reading
- 2nd report cal.
- 1st report cal.1326
- 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.
Relates to clinical records and confidentiality
Signed by Governor · Sponsor Daniel O'Donnell
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S5680
Title of bill
An act to amend the mental hygiene law, in relation to clinical records and confidentiality
Purpose
To provide access to clinical mental health records to the agency providing protection and advocacy services to disabled New Yorkers pursuant to federal law, consistent with Executive Law 558(b).
Summary of provisions
Section 1 amends § 33.13 (c) (4) of the mental hygiene law.
Section 2 adds a new subdivision 17 to § 3113 (c) of the mental hygiene law. Section 3 provides for an effective date.
Justification
On June 30, 2013, the Justice Center for the Protection of People with Special Needs was created and assumed many of the oversight responsibilities of the former Commission on Quality of Care and Advocacy for Persons With Disabilities (CQCAPD). Under federal mandate, on June 1, 2013, the Governor re-designated the federally authorized and funded protection and advocacy (P&A) system and client assistance program (CAP) as an independent agency providing federal oversight of the state's system of care for individuals with disabilities. Prior to June 1, 2013, the CQCAPD contracted with various regional non-profit agencies which provided protection and advocacy services for people with disabilities pursuant to federal law.
At the time the legislation authorizing the creation of the Justice Center and the carve-out of the independent federal oversight agency was enacted, the legislature failed to amend Mental Hygiene Law 33.13 (c) (4) to provide for access to records from the Office of Mental Health and the Office for People with Developmental Disabilities to the Justice Center or to the independent federal oversight agency. Prior to the 2013 legislation, both the CQCAPD and the non-profit agencies providing protection and advocacy services were entitled to records under statue.
This bill allows the Justice Center's access to such clinical records, and adds a separate provision permitting access for the now-independent federal P&A and CAP system. These state and federal systems, in carrying out their authorized oversight and advocacy functions, are distinct from "qualified persons" who are provided access to records pursuant to section 33.16 and for whom copying fees may be imposed pursuant to that section.
Legislative history
This is a new bill.
Fiscal implications
Minimal.
Local fiscal implications
None.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.