What's happening
This bill allows certain records of deceased residents of mental health facilities to be released to family members upon written request, with specific protections and limitations.
Why it matters
Balances privacy with transparency. The bill creates a pathway for family members to access records of deceased mental health facility residents, but includes specific safeguards—such as honoring prior written objections by the patient and limitations on what information can be released—to protect sensitive data.
Could help families gain closure or medical insight. By allowing release of details like cause of death, treatment history, and relevant medical information (especially if a family member’s physician demonstrates a medical need), the law could help relatives understand their loved one's experience and address potential hereditary health concerns.
Requires clear regulatory guidance. The Department of Mental Hygiene must develop detailed rules specifying what information can be released, defining "family member," and establishing procedures, which means implementation will depend on careful administrative follow-through.
Addresses capacity and consent complexities. The bill accounts for situations where the deceased may not have been able to consent, allowing a legally defined “qualified person” to object to record release, thus attempting to respect both the rights and wishes of vulnerable individuals.
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Who cares
- Likely concerns
Families of deceased mental health facility residents
The bill would allow them to request records in writing, including treatment history and cause of death, subject to rules and documented objections to disclosure.
Office of Mental Health
Its commissioner would have to establish HIPAA-compliant rules for releasing deceased residents’ records and define family member for a separate medical-need disclosure provision.
Physicians treating patients’ family members
The bill would permit disclosure upon their written request when the information is relevant to a family member’s own health care and there is a demonstrable medical need.
- Likely concerns
People authorized to act for individuals lacking capacity
Qualified persons under the mental hygiene law could object to release of records for an individual who lacked capacity to consent.
Headline styles
Release Mental Health Records
Plain English, a few words. Used as the page title.
Sponsors
2 Co-sponsors
History
- Referred to codes
- 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 Families See Patient Records
In Senate Committee · Mental Health And Developmental Disabilities · Sponsor David Carlucci
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2278
2019-2020 Regular Sessions
IN ASSEMBLY
January 22, 2019
Introduced by M. of A. GUNTHER, O'DONNELL, SANTABARBARA -- read once and referred to the Committee on Mental Health
AN ACT to amend the mental hygiene law, in relation to authorizing the release of certain records of deceased residents of mental health facilities to family members upon written request
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 7.09 of the mental hygiene law is amended by adding a new subdivision (l) to read as follows:
(l) Notwithstanding the provisions of sections 33.13 and 33.16 of this chapter, the commissioner shall promulgate regulations in accordance with the federal health insurance portability and accountability act of 1996, and any regulations promulgated thereunder, governing the release of certain records pertaining to a deceased individual who resided in a facility operated or certified by the office. The regulations shall specify which information shall be released and shall include such records as the individual's name; dates of admission, discharge, birth and death; cause of death; treatment and services provided; employment; and residential history. Such records may be provided to family members upon written request. The commissioner shall not authorize the release of such records where the deceased individual had previously objected to the release of his or her records and such objection was in writing or otherwise documented in the individual's services plan and had not been withdrawn. In the case of an individual who lacked capacity to consent to the release of his or her records, a qualified person as defined in paragraph six of subdivision (a) of section 33.16 of this chapter may object to such release.
§ 2. Subdivision (c) of section 33.13 of the mental hygiene law is amended by adding a new paragraph 18 to read as follows:
18. upon written request by the physician of a family member of an individual, who has a demonstrable medical need for such information as
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01625-01-9
A. 2278 2
it is relevant to the family member's own health care. The commissioner shall promulgate regulations to define family member for purposes of this section.
§ 3. This act shall take effect immediately; provided that section one of this act shall take effect on the one hundred eightieth day after it shall have become a law.
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.