What's happening
This bill allows adult siblings of patients to access clinical records under certain conditions, expanding current family access rights.
Why it matters
Expands support network involvement. By allowing adult siblings to access clinical records (when they are authorized to give or are asked to give consent for care), the bill enables a broader circle of trusted family members to participate in the patient’s health decisions, which can be vital if parents or spouses are unavailable or unable to act.
Addresses real-life family dynamics. Many adults may have closer relationships with siblings than with other family members, especially in cases where parents are deceased or estranged. This change recognizes the importance of sibling relationships in the care and advocacy for individuals with mental health needs.
Maintains patient protections. The amendment preserves existing safeguards by allowing treating practitioners to deny access if sharing information with a sibling would be detrimental to the patient’s care, treatment, or relationships, balancing increased access with patient welfare.
Could improve care coordination. Allowing siblings access to records may lead to better-informed consent and care decisions, especially for patients who rely on siblings for support, potentially resulting in more cohesive and effective treatment planning.
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Who cares
Headline styles
Let Siblings See Medical Records
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 59
No co-sponsors yet.
History
- Signed chap.233
- Delivered to governor
- Returned to senate
- Passed assembly
- Ordered to third reading rules cal.343
- Substituted for A7567
- Referred to mental health
- Returned to assembly
- Repassed senate
- Amended on third reading (t) 2933a
- Vote reconsidered - restored to third reading
- Returned to senate
Show 8 earlier actions
- Recalled from assembly
- Referred to mental health
- Delivered to assembly
- Passed senateVote 58–0
- Advanced to third reading
- 2nd report cal.
- 1st report cal.242
- 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.
Let Siblings See Medical Records
Assembly Floor Calendar · Sponsor Aileen Gunther
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2933--A Cal. No. 242
2017-2018 Regular Sessions
IN SENATE
January 18, 2017
Introduced by Sen. GALLIVAN -- read twice and ordered printed, and when printed to be committed to the Committee on Mental Health and Developmental Disabilities -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, passed by Senate and delivered to the Assembly, recalled, vote reconsidered, restored to third reading, amended and ordered reprinted, retaining its place in the order of third reading
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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00244-04-7
S. 2933--A 2
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 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.
Sponsor's memo
Title of bill
An act to amend the mental hygiene law, in relation to adding adult siblings to those who may have access to clinical records
Purpose
In addition to a parent, spouse, or adult child of a person with a developmental disability this legislation would add an adult sibling of an adult patient to the list of individuals entitled to request access to clinical records.
Summary of provisions
Section one amends the definition of "qualified person" within the mental hygiene law to include adult siblings
Section two of the bill makes corresponding amendments to subdivision (b) of section 33.16 of the mental hygiene law to identify adult siblings' authority to access clinical records
Section three establishes the effective date
Justification
Currently in Mental Health law a "qualified person" with access to clinical records of a person with a developmental disability includes the patient or client, guardian, parent, spouse, or adult child. This list should be expanded to include adult siblings. Adult siblings often play an essential role in the primary care of a developmentally disabled family member.
In 2007, Jonathon's Law was established to ensure that families would have access to information on the care and treatment of their children. In keeping with the intent of Jonathan's Law, the addition of adult siblings within the definition of "qualified person" would ensure access to records which are crucial when an incidence of abuse has been alleged.
Legislative history
2015-16: S.7804 Passed Senate/Referred to Mental Health
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.