What's happening
This bill allows family members to request certain records of deceased residents from OPWDD facilities, unless the resident previously objected in writing.
Why it matters
Balances family access and individual privacy. The bill aims to help families obtain important records about deceased loved ones in OPWDD facilities, while also respecting the deceased’s wishes if they previously objected in writing to sharing their information.
Clarifies what information can be shared. It specifically outlines which types of records can be released (e.g., personal details, dates, cause of death, treatment history, services received, employment, and residential history), providing clarity and consistency for both families and facility administrators.
Requires compliance with federal privacy law. The bill mandates that state regulations align with the Health Insurance Portability and Accountability Act (HIPAA), ensuring that sensitive health information is handled in accordance with national privacy standards.
Addresses gaps in current law. By setting out a process for record release after death, the bill fills a legal gray area, potentially helping families seeking closure or answers without undermining protections for those who wanted their records to remain private.
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Who cares
- Likely concerns
Families of deceased OPWDD facility residents
The bill would provide access to records including cause of death, treatment, services and residential history, subject to documented objections to disclosure.
Office for People With Developmental Disabilities
The commissioner would have to adopt HIPAA-compliant regulations specifying which records of deceased residents of operated or certified facilities would be released to family members.
- Likely concerns
OPWDD residents and qualified persons acting for residents without capacity to consent
A prior written objection or one documented in the resident’s services plan would block release of the records unless withdrawn.
Headline styles
Let Families See Records
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to mental health
- Referred to mental health
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3165
2019-2020 Regular Sessions
IN ASSEMBLY
January 28, 2019
Introduced by M. of A. ORTIZ -- 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 OPWDD operated or certified 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. Subdivision (f) of section 13.09 of the mental hygiene law is relettered subdivision (i) and a new subdivision (f) is added to read as follows:
(f) 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, to cover 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 to family members, unless the deceased individual, or 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, 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, the commissioner shall not authorize the release of such records.
§ 2. This act shall take effect on the one hundred eightieth day after it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02272-01-9
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.