Relates to medical authorization forms to disclose private medical information for people in the custody of the department of corrections and community supervision

Title of bill

An act to amend the correction law, in relation to medical authorization forms to disclose private medical information for people in the custody of the department of corrections and community supervision

Purpose

This bill reintroduces the major provisions of bill S5428A and codifies provisions offered by the Executive in his veto memo 272 of 2015.

This bill would require the department of corrections and community supervision (DOCCS) to provide incarcerated individuals with forms to disclose medical information and mental health treatment information, and to provide persons appointed to receive such disclosures a copy of the authorization form.

Summary of provisions

Section one of the bill requires DOCCS to:

1. Provide forms to disclose medical information and mental health treatment information to inmates upon their arrival at a reception facility and each transfer to a new facility so that inmates may opt to appoint a family member or other person to receive such information;

2. Provide a copy of the fully executed form to the inmate and mail an original form to whomever the inmate has authorized to the address provided by the inmate. Further, section one codifies provisions offered by the Executive in his veto memo which would require DOCCS to:

3. Keep the authorization form in the inmate's medical file so that the form is accessible in times of emergency; and

4. Ensure that copies of this form are maintained in all its facility law libraries.

Section two of the bill is the effective date.

Justification

The provisions offered by the Executive in his veto memo, that is, to keep the authorization forms in inmate medical files and to put blank forms in facility libraries, are helpful but insufficient.

Legislative history

This bill is an amended version of S5428A of 2015 which was vetoed in Memo 272. S54248A: Passed the Senate unanimously.

Fiscal implications

Negligible cost to the state.

Effective date

This act shall take effect on the one hundred twentieth day after it shall have become a law. Effective immediately, the addition, amendment and/or repeal of any rules or regulations necessary for the implementation of the foregoing section of this act on its effective date is authorized to be made on or before such effective date.