What's happening
This bill allows family members to request certain records of deceased mental health facility residents, with privacy protections and specific regulations.
Why it matters
Balances family rights and patient privacy. The bill allows family members to access certain records of deceased mental health facility residents, but only if the deceased did not previously object in writing or through their care plan, protecting the individual’s wishes for privacy.
Supports medical decision-making for relatives. It permits release of information to a family member’s physician if there is a demonstrable medical need, enabling families to better understand potential hereditary or health risks.
Clarifies the scope and process. The bill requires the state to set clear regulations on what information can be released (such as dates, cause of death, treatment history, etc.) and under what circumstances, providing transparency and consistency across facilities.
Aligns with federal privacy laws. By mandating that state regulations comply with HIPAA and related federal rules, it ensures that sensitive health information is handled within established national privacy standards.
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Who cares
- Likely concerns
Families of deceased mental health facility residents
The bill would allow them to request specified records in writing, including treatment history and cause of death, subject to protections for documented objections.
Office of Mental Health
The commissioner would have to issue HIPAA-compliant rules governing release of deceased residents’ records and define family member for the physician-request 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
Qualified persons representing individuals who lacked capacity to consent
The bill would allow them to object to release of a deceased individual’s records.
Headline styles
Let Families See Patient Records
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 38
No co-sponsors yet.
History
- Referred to mental health and developmental disabilities
- Returned to senate
- Died in assembly
- Referred to codes
- Delivered to assembly
- Passed senateVote 62–0
- Advanced to third reading
- 2nd report cal.
- 1st report cal.508
- 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.
Release Mental Health Records
In Assembly Committee · Codes · Sponsor Aileen Gunther
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4272
2019-2020 Regular Sessions
IN SENATE
March 6, 2019
Introduced by Sen. CARLUCCI -- read twice and ordered printed, and when printed to be committed to the Committee on Mental Health and Developmental Disabilities
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:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01625-01-9
S. 4272 2
18. upon written request by the physician of a family member of an individual, who has a demonstrable medical need for such information as 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.
Sponsor's memo
Title of bill
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
Purpose
This bill would amend the Mental Hygiene Law (MHL) to authorize the release of certain records of deceased residents of facilities certified or operated by the Office of Mental Health (OMR).
Summary of provisions
Section 1 requires the commissioner to promulgate regulations governing the release of certain records pertaining to a deceased individual who resided in a facility operated by the Office to a family member upon written request.
Section 2 states that regulations shall be promulgated for the release of information upon written request by a physician of family member who has demonstrated medical need for such information.
Section 3 is the effective date.
Justification
This bill would authorize the commissioner of OMH to develop regulations in order to provide certain information to other family members on a case-by-case basis. Family members may learn of the existence of their relative only after the relative's death, and may have no ability to ascertain whether their relative even existed. The types of information to be released could include the person's name, dates of birth, death and admission, discharge/release, cause of death, diagnosis, treatment, services provided, employment and family history. Where the commissioner has determined that the release of information is appropriate pursuant to the standards set forth in regulation, this bill would allow for release unless the individual or a qualified family member had objected during his or her lifetime and such objection was documented in the individual's services plan.
The bill would also amend MHL § 33.13 by adding a new paragraph 18 to provide for the release of records to a physician of a family member, who is not a qualified person, when the family member has a demonstrable medical need for such information. This provision would bring state law into compliance with the federal Health Insurance portability and Accountability Act (HIPAA) which allows for release of clinical informa- tion to a family member for this specific purpose.
Legislative history
2018-19: S690-A PASSED SENATE / A10162 codes 2017-13: A10162 referred to Codes / S690A Passed Senate
Fiscal implications
None
Effective date
The act shall take effect immediately provided section one will take effect 180 days after.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.