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NY A10162
Bill
Status
3/21/2018
Primary Sponsor
Aileen Gunther
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AI Summary
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Requires the Commissioner of Mental Health to create regulations allowing release of certain records of deceased mental health facility residents to family members upon written request, in compliance with the federal Health Insurance Portability and Accountability Act of 1996.
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Specifies releasable information shall include the individual's name, dates of admission/discharge/birth/death, cause of death, treatment and services provided, employment history, and residential history.
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Prohibits record release if the deceased individual previously objected in writing or through documented objection in their services plan, unless that objection was withdrawn.
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Allows a qualified person to object to record release on behalf of deceased individuals who lacked capacity to consent.
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Permits release of mental health records to a family member's physician upon written request when the family member has a demonstrable medical need for the information relevant to their own health care; Commissioner must define "family member" by regulation.
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Takes effect immediately, except the deceased resident records provision takes effect 180 days after enactment.
Legislative Description
Directs the commissioner to promulgate regulations for the release of patient records by the office of mental health.
Last Action
reported referred to codes
3/27/2018