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Sponsors
Senator · Senate District 62
No co-sponsors yet.
History
- Substituted by A9117
- Advanced to third reading
- 2nd report cal.
- 1st report cal.1177
- Reported and committed to finance
- 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 prohibiting fees to be charged to agencies for copies of certain clinical records
Signed by Governor · Sponsor Daniel O'Donnell
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 prohibiting fees to be charged to agencies for copies of certain clinical records
Purpose
To provide access free of charge 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) (17) of the mental hygiene law. Section 2 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. In 2015, the law was amended to add new sections of MHL 33.13 allowing for access.
Prior to June 2013, the P&A agencies received records without charge. OMH began to charge fees for records once the P&A system was no longer under direct supervision of the state. The intention of the 2015 amendment was to take the P&A agency appointed by the governor out of the pool of organizations and individuals to whom OMH is permitted to charge fees. In spite of the change in the law, OMH is still charging the P&A agency fees for records.
This bill clarifies that fees should not be charged for records provided to the for the now-independent federal P&A and CAP system. These federal systems, in carrying out their mandated oversight and advocacy functions, are distinct from "qualified persons" for whom copying fees may be imposed pursuant to MHL section 33.16.
Legislative history
This is a new bill.
Fiscal implications
Minimal.
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.