NY A01090

Amends Mental Hygiene Law to allow the commissioner to promulgate regulations permitting release of records for deceased individuals who resided in Office for People with Developmental Disabilities (OPWDD) operated or certified facilities to family members upon written request.

Specifies that releasable records shall include the deceased individual's name, dates of admission/discharge/birth/death, cause of death, treatment and services provided, employment history, and residential history.

Prohibits record release if the deceased individual, or a qualified person acting on behalf of an individual who lacked capacity to consent, had previously objected to release in writing or through documentation in the individual's services plan, unless that objection was withdrawn.

Supersedes existing confidentiality provisions in sections 33.13 and 33.16 of the Mental Hygiene Law regarding deceased residents' records.