BILL NUMBER: S8082
SPONSOR: BROUK
 
TITLE OF BILL:
An act to amend the mental hygiene law, in relation to authorizing the
release of certain records of deceased residents of mental health facil-
ities to family members upon written request
 
PURPOSE:
This bill would amend the Mental Hygiene Law (MHL) to authorize the
release of certain records of deceased residents of facilities certified
or operated by the Office of Mental Health.
 
SUMMARY OF PROVISIONS:
Section 1 requires the commissioner to promulgate regulations governing
the release of certain records pertaining to a deceased individual who
resided in a facility operated by the Office to a family member upon
written request.
Section 2 states that regulations shall be promulgated for the release
of information upon written request by a physician of family member who
has demonstrated medical need for such information.
Section 3 is the effective date.
 
JUSTIFICATION:
This bill would authorize the commissioner of the Office of Mental
Health to develop regulations in order to provide certain information to
other family members on a case-by-case basis. Family members may learn
of the existence of their relative only after the relative's death, and
may have no ability to ascertain whether their relative even existed.
The types of information to be released could include the person's name,
dates of birth, death and admission, discharge/release, cause of death,
diagnosis, treatment, services provided, employment and family history.
Where the commissioner has determined that the release of information is
appropriate pursuant to the standards set forth in regulation, this bill
would allow for release unless the individual or a qualified family
member had objected during his or her lifetime and such objection was
documented in the individual's services plan.
The bill would also amend MHL § 33.13 by adding a new paragraph 18 to
provide for the release of records to a physician of a family member,
who is not a qualified person, when the family member has a demonstrable
medical need for such information. This provision would bring state law
into compliance with the federal Health Insurance portability and
Accountability Act (HIPAA) which allows for release of clinical informa-
tion to a family member for this specific purpose.
 
LEGISLATIVE HISTORY:
2020: S4272 (Carlucci) Referred to Mental Health and Developmental Disa-
bilities
2019: S4272 (Carlucci) Passed Senate
2017-18: S690A (Ortt) Passed Senate
2015-16: S4973A (Ortt) Passed Senate
 
FISCAL IMPLICATIONS:
None
 
EFFECTIVE DATE:
The act shall take effect immediately provided section one will take
effect 180 days after.

Statutes affected:
S8082: 7.09 mental hygiene law, 33.13 mental hygiene law