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NY A02278

Bill

Status

Introduced

1/22/2019

Primary Sponsor

Aileen Gunther

Click for details

Origin

Assembly

2019-2020 General Assembly

AI Summary

  • Amends the mental hygiene law to authorize release of records for deceased residents of mental health facilities to family members upon written request, including name, admission/discharge dates, birth and death dates, cause of death, treatment services, employment, and residential history.

  • Requires the commissioner to promulgate regulations in accordance with the federal Health Insurance Portability and Accountability Act of 1996 to govern which information shall be released.

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had previously objected in writing or through documented objection in their services plan, unless the objection was withdrawn.

  • Allows a qualified person to object to record release on behalf of individuals who lacked capacity to consent.

  • Permits release of patient records to a family member's physician upon written request when the family member has a demonstrable medical need for information relevant to their own health care, with the commissioner to define "family member" by regulation.

Legislative Description

Directs the commissioner to promulgate regulations for the release of patient records by the office of mental health.

Last Action

referred to codes

1/8/2020

Committee Referrals

Codes5/14/2019
Mental Health1/22/2019

Full Bill Text

No bill text available