New York S 8082: Relates to authorizing the release of certain records of deceased residents of mental health facilities to family members upon written request

Bill Text

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S08082 Summary:

BILL NOS08082 

&nbsp

SAME ASNo Same As

&nbsp

SPONSORBROUK

&nbsp

COSPNSR

&nbsp

MLTSPNSR

&nbsp

Amd §§7.09 & 33.13, Ment Hyg L

&nbsp

Directs the commissioner to promulgate regulations for the release of patient records by the office of mental health.

Go to top S08082 Actions:

BILL NOS08082 

&nbsp

05/15/2025REFERRED TO MENTAL HEALTH

06/09/2025COMMITTEE DISCHARGED AND COMMITTED TO RULES

06/09/2025ORDERED TO THIRD READING CAL.1716

06/09/2025PASSED SENATE

06/09/2025DELIVERED TO ASSEMBLY

06/09/2025referred to mental health

01/07/2026died in assembly

01/07/2026returned to senate

01/07/2026REFERRED TO MENTAL HEALTH

06/02/2026COMMITTEE DISCHARGED AND COMMITTED TO RULES

06/02/2026ORDERED TO THIRD READING CAL.1543

06/02/2026PASSED SENATE

06/02/2026DELIVERED TO ASSEMBLY

06/02/2026referred to mental health

Go to topS08082 Committee&nbspVotes:

Go to topS08082 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS08082 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 8082

 2025-2026 Regular Sessions

 IN SENATE

 May 15, 2025
 ___________

 Introduced by Sen. BROUK -- read twice and ordered printed, and when
 printed to be committed to the Committee on Mental Health

 AN ACT to amend the mental hygiene law, in relation to authorizing the
 release of certain records of deceased residents of mental health
 facilities to family members upon written request

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Section 7.09 of the mental hygiene law is amended by adding
 2 a new subdivision (n) to read as follows:
 3 (n) Notwithstanding the provisions of sections 33.13 and 33.16 of this
 4 chapter, the commissioner shall promulgate regulations in accordance
 5 with the federal health insurance portability and accountability act of
 6 1996, and any regulations promulgated thereunder, governing the release
 7 of certain records pertaining to a deceased individual who resided in a
 8 facility operated or certified by the office. The regulations shall
 9 specify which information shall be released and shall include such
 10 records as the individual's name; dates of admission, discharge, birth
 11 and death; cause of death; treatment and services provided; employment;
 12 and residential history. Such records may be provided to family members
 13 upon written request. The commissioner shall not authorize the release
 14 of such records where the deceased individual had previously objected to
 15 the release of their records and such objection was in writing or other-
 16 wise documented in the individual's services plan and had not been with-
 17 drawn. In the case of an individual who lacked capacity to consent to
 18 the release of their records, a qualified person as defined in paragraph
 19 six of subdivision (a) of section 33.16 of this chapter may object to
 20 such release.
 21 § 2. Subdivision (c) of section 33.13 of the mental hygiene law is
 22 amended by adding a new paragraph 19 to read as follows:
 23 19. upon written request by the physician of a family member of an
 24 individual, who has a demonstrable medical need for such information as

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD13130-01-5

 S. 8082 2

 1 it is relevant to the family member's own health care. The commissioner
 2 shall promulgate regulations to define family member for purposes of
 3 this section.
 4 § 3. This act shall take effect immediately; provided that section one
 5 of this act shall take effect on the one hundred eightieth day after it
 6 shall have become a law.

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