NY A03165

Authorizes the Commissioner of the Office for People with Developmental Disabilities (OPWDD) to promulgate regulations allowing release of certain records of deceased residents to family members upon written request.

Specifies releasable records include the 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 someone lacking capacity to consent, had previously objected to release in writing or through documentation in the individual's services plan, unless that objection was withdrawn.

Requires regulations to comply with the federal Health Insurance Portability and Accountability Act of 1996 and its implementing regulations.

Takes effect 180 days after becoming law.