Bill Text: NY A07501 | 2015-2016 | General Assembly | Amended
Bill Title: Relates to people in the custody of the department of corrections and community supervision and a medical authorization form to disclose private medical information.
Spectrum: Partisan Bill (Democrat 19-0)
Status: (Vetoed) 2015-11-23 - tabled [A07501 Detail]
Download: New_York-2015-A07501-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
7501--A
Cal. No. 455
2015-2016 Regular Sessions
I N A S S E M B L Y
May 13, 2015
___________
Introduced by M. of A. BLAKE, SEPULVEDA, O'DONNELL, ROZIC, BRINDISI,
LAVINE, CAHILL, ABINANTI, JAFFEE, HEVESI, DINOWITZ, SCHIMMINGER,
BRAUNSTEIN, ROSENTHAL, MAYER, TITONE -- read once and referred to the
Committee on Correction -- reported from committee, advanced to a
third reading, amended and ordered reprinted, retaining its place on
the order of third reading
AN ACT to amend the correction law, in relation to people in the custody
of the department of corrections and community supervision and a
medical authorization form to disclose private medical information
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Section 71 of the correction law is amended by adding a new
2 subdivision 9 to read as follows:
3 9. (A) ANY PERSON WHO IS IN THE CUSTODY OF THE DEPARTMENT SHALL
4 RECEIVE AN OPPORTUNITY TO COMPLETE AN AUTHORIZATION FORM TO DISCLOSE
5 PRIVATE MEDICAL INFORMATION TO ANY NEXT OF KIN OR OTHER REPRESENTATIVE
6 OF HIS OR HER CHOICE AND AN AUTHORIZATION FOR RELEASE OF INFORMATION TO
7 DISCLOSE MENTAL HEALTH TREATMENT INFORMATION TO ANY NEXT OF KIN OR OTHER
8 REPRESENTATIVE OF HIS OR HER CHOICE UPON SUCH PERSON'S ARRIVAL AT A
9 DESIGNATED RECEPTION FACILITY AND UPON ORIENTATION CONDUCTED AT ANY
10 FACILITY AS A RESULT OF ANY TRANSFER DURING THE COURSE OF SUCH PERSON'S
11 INCARCERATION. SUCH AUTHORIZATION SHALL BE IN FORCE UNTIL THE INMATE IS
12 TRANSFERRED, DIES OR REVOKES SUCH AUTHORIZATION IN WRITING. SUCH AUTHOR-
13 IZATION MAY BE REVISED OR REVOKED UPON REQUEST BY THE INMATE.
14 (B) (I) THE COMMISSIONER SHALL PROVIDE A COPY OF ANY SUCH AUTHORI-
15 ZATION TO THE PERSON AUTHORIZED BY THE INMATE AS SOON AS IS REASONABLY
16 PRACTICABLE.
17 (II) SUCH AUTHORIZED INDIVIDUAL IS TO BE PROVIDED WITH SUCH INMATE'S
18 PROTECTED HEALTH INFORMATION AS GOVERNED BY THE HEALTH INSURANCE PORTA-
19 BILITY AND ACCOUNTABILITY ACT OF 1996, ALSO KNOWN AS HIPAA, 42 USC
20 1320D, 45 CFR 160-164, AND SECTIONS SEVENTEEN AND TWENTY-SEVEN HUNDRED
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11058-02-5
A. 7501--A 2
1 EIGHTY-TWO OF THE PUBLIC HEALTH LAW. ANY PHYSICIAN, HEALTHCARE PROFES-
2 SIONAL, DENTIST, HEALTH PLAN, HOSPITAL, CLINIC, LABORATORY, PHARMACY OR
3 OTHER HEALTH CARE PROVIDER IS HEREBY AUTHORIZED TO GIVE, DISCLOSE AND
4 RELEASE TO THE APPOINTED NEXT OF KIN OR OTHER REPRESENTATIVE ALL OF SUCH
5 INMATE'S HEALTH INFORMATION NOT OTHERWISE RESTRICTED BY LAW.
6 (III) WHERE AN INMATE IS UNDER THE CARE OF THE OFFICE OF MENTAL
7 HYGIENE, AN AUTHORIZATION FOR RELEASE OF INFORMATION PURSUANT TO SECTION
8 33.13 OF THE MENTAL HYGIENE LAW SHALL PROVIDE AN AUTHORIZED INDIVIDUAL
9 WHO HAS A NEED FOR SUCH INFORMATION AND WHO HAS OBTAINED SUCH CONSENT,
10 DISCLOSURE OF INFORMATION RELATING TO THE CARE AND TREATMENT OF THE
11 PATIENT.
12 (C) THE COMMISSIONER SHALL CONSULT WITH, AND BE ENTITLED TO RECEIVE,
13 THE ASSISTANCE OF THE COMMISSIONER OF MENTAL HYGIENE AND THE EXECUTIVE
14 DIRECTOR OF THE JUSTICE CENTER FOR THE PROTECTION OF PEOPLE WITH SPECIAL
15 NEEDS IN THE IMPLEMENTATION OF THIS SUBDIVISION.
16 S 2. This act shall take effect on the one hundred twentieth day after
17 it shall have become a law; provided, effective immediately, the addi-
18 tion, amendment and/or repeal of any rules or regulations necessary for
19 the implementation of the foregoing section of this act on its effective
20 date is authorized to be made on or before such effective date.
