BILL NUMBER: S8532
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 (OMR).
 
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.
 
JUSTIFICATION:
This bill would authorize the commissioner of OMH 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 information to a family member for this specific
purpose.
 
LEGISLATIVE HISTORY:
New Bill
 
FISCAL IMPLICATIONS:
None
 
EFFECTIVE DATE:
The act shall take effect immediately provided section one will take
effect 180 days after.

Statutes affected:
S8532: 7.09 mental hygiene law, 33.13 mental hygiene law