NY S03409

Amends Mental Hygiene Law to authorize release of records for deceased individuals who resided in mental health facilities to family members upon written request.

Commissioner must promulgate regulations compliant with the federal Health Insurance Portability and Accountability Act of 1996 specifying which information may be released, including name, admission/discharge dates, birth/death dates, cause of death, treatment services, employment, and residential history.

Prohibits record release if the deceased individual previously objected in writing or through documentation in their services plan, unless the objection was withdrawn.

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

Permits release of records to the physician of a family member who demonstrates medical need for the information as it relates to the family member's own health care, with the commissioner to define "family member" by regulation.