NY S00690

Requires the Commissioner of Mental Health to promulgate regulations governing release of records for deceased individuals who resided in mental health facilities operated or certified by the office, in accordance with the Health Insurance Portability and Accountability Act of 1996.

Authorizes release of deceased residents' records to family members upon written request, including name, dates of admission/discharge/birth/death, cause of death, treatment and services provided, employment, and residential history.

Prohibits release of records where the deceased individual had previously objected in writing or through documented objection in their services plan, unless that objection was withdrawn.

Allows a qualified person (as defined in Mental Hygiene Law section 33.16) to object to record release on behalf of a deceased individual who lacked capacity to consent.

Permits release of an individual's medical records to a family member's physician upon written request if the family member has a demonstrable medical need for the information relevant to their own health care.