BILL NUMBER: S8967A
SPONSOR: BRESLIN
 
TITLE OF BILL:
An act to amend the mental hygiene law, in relation to allowing direct
descendants of a patient who has been deceased for a period of fifty
years or longer to access such patient's clinical records
 
PURPOSE OR GENERAL IDEA OF BILL::
This bill would allow direct descendants of individuals who have been
deceased for 50 years or longer to access their ancestors' old clinical
records.
 
SUMMARY OF PROVISIONS::
Section 1 adds direct descendants of deceased patients to the list of
qualified persons permitted to access patient clinical records and
directs OMH to establish a process for proving direct descent.
Section 2 clarifies that section 33.16 of the mental hygiene law does
not require that facilities retain records indefinitely or for any
particular length of time.
Section 3 establishes the effective date.
 
JUSTIFICATION::
In 2014, New York State enacted a law barring anyone from accessing old
clinical records of deceased individuals unless the person requesting
access is a parent, a child, a sibling, or a spouse of the deceased. If
no such immediate family members are alive, this effectively makes the
clinical records of deceased individuals permanently inaccessible, even
if the person requesting the information is a direct descendant of the
deceased.
Modern research shows that people can have a genetic predisposition to
mental illness which, if left untreated, can lead to severe consequences
such as suicide. One way people can be made aware of whether they might
have such a predisposition is by accessing the clinical records of their
ancestors so that they can identify if there is a pattern of mental
illness or suicidal behavior in their family. By having access to ances-
tors' old clinical records, descendants can gain insight into their own
genetic risk factors for psychiatric illness. From there, they can then
choose to seek preliminary treatment to prevent the potential onset of
mental health disorders. Thus, direct descendants of individuals who
have been deceased for fifty years or more should have access to this
potentially life-saving information.
 
LEGISLATIVE HISTORY::
New bill.
 
FISCAL IMPLICATIONS::
None.
 
EFFECTIVE DATE::
Effective immediately.

Statutes affected:
S8967: 33.16 mental hygiene law
S8967A: 33.16 mental hygiene law