What's happening
This bill amends the mental hygiene law to allow adult siblings access to the clinical records of adult patients.
Why it matters
Expands who can help advocate for patients. By allowing adult siblings to access a patient’s clinical records (with proper consent and under certain circumstances), the bill empowers more family members to participate in care decisions, which can be crucial for those without spouses, children, or parents available.
Addresses gaps in support for vulnerable adults. Some adults may not have a spouse, child, or parent able or willing to assist with their mental health needs, but may have siblings who are closely involved and can provide critical support.
Includes safeguards for patient well-being. The bill maintains existing protections—access can be denied if a treating practitioner feels it would harm the patient’s treatment, their relationship with the practitioner, or relationships with family members, balancing privacy and safety.
May improve continuity of care and family involvement. Siblings often have lifelong relationships and may possess important knowledge about a patient’s history and needs, potentially improving outcomes when they are appropriately included in care discussions and decisions.
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Who cares
Headline styles
Let Siblings See Medical Records
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Substituted by S2933A
- Rules report cal.343
- Reported
- Reported referred to rules
- Reported referred to codes
- Referred to mental health
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.
Let Siblings See Medical Records
Signed by Governor · Sponsor Patrick M. Gallivan
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
7567
2017-2018 Regular Sessions
IN ASSEMBLY
May 2, 2017
Introduced by M. of A. GUNTHER -- read once and referred to the Committee on Mental Health
AN ACT to amend the mental hygiene law, in relation to adding adult siblings to those who may have access to clinical records
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Paragraph 6 of subdivision (a) of section 33.16 of the mental hygiene law, as amended by chapter 37 of the laws of 2011, is amended to read as follows:
6. "Qualified person" means any properly identified patient or client, guardian of a person with a developmental disability appointed pursuant to article seventeen-A of the surrogate's court procedure act, or committee for an incompetent appointed pursuant to this chapter or a parent of an infant, or a guardian of an infant appointed pursuant to article seventeen of the surrogate's court procedure act or other legally appointed guardian of an infant who may be entitled to request access to a clinical record pursuant to paragraph three of subdivision (b) of this section, or a parent, spouse [or], adult child, or adult sibling of an adult patient or client who may be entitled to request access to a clinical record pursuant to paragraph four of subdivision (b) of this section.
§ 2. Paragraph 4 of subdivision (b) of section 33.16 of the mental hygiene law, as added by chapter 233 of the laws of 1991, is amended to read as follows:
4. Subject to the provisions of subdivision (c) of this section and except as otherwise required by law, upon the written request of a parent of an adult patient or client, spouse [or], adult child, or adult sibling of a patient or client, a facility shall provide an opportunity, within ten days, for such parent, spouse [or], adult child or adult sibling to inspect any clinical record maintained or possessed by such facility concerning the care and treatment of such patient or client for
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00244-05-7
A. 7567 2
which the parent, spouse [or], adult child or adult sibling is authorized pursuant to law, rule or regulation to provide consent and has consented or is being requested to provide such consent; provided, however, that such parent, spouse [or], adult child or adult sibling shall not be entitled to inspect or make copies of any clinical record concerning the care and treatment of the patient or client where the treating practitioner determines that access to the information requested by such parent, spouse [or], adult child or adult sibling would have a detrimental effect on the practitioner's professional relationship with the patient or client, or on the care and treatment of the patient or client or on the relationship of the patient or client with his or her parents, spouse [or], adult child or adult sibling. Any inspection of a clinical record made pursuant to this paragraph shall be limited to that information which is relevant in light of the reason for such inspection.
§ 3. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.