Bill Text: NY S05538 | 2013-2014 | General Assembly | Introduced

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Bill Title: Requires birth parents to provide medical information to the adoption medical information registry.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2014-01-08 - REFERRED TO HEALTH [S05538 Detail]

Download: New_York-2013-S05538-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5538
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                     May 16, 2013
                                      ___________
       Introduced  by  Sen.  HANNON -- read twice and ordered printed, and when
         printed to be committed to the Committee on Health
       AN ACT to amend the public health  law,  in  relation  to  the  adoption
         medical information registry
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivision 6-a of section 4138-c of the public health law,
    2  as amended by chapter 480 of the laws of 2012 and paragraphs (d) and (e)
    3  as amended by chapter 15 of the laws of 2013,  is  amended  to  read  as
    4  follows:
    5    6-a.  (a)  There  shall  be  established  in  the registry an adoption
    6  medical information sub-registry. Access to all identifying records  and
    7  information   in   the   sub-registry  shall  be  subject  to  the  same
    8  restrictions as the adoption information registry.
    9    (b) The department shall establish procedures FOR ALL ADOPTIONS IN THE
   10  STATE by which a birth parent [may] SHALL provide medical information to
   11  the sub-registry, and by which an adoptee aged eighteen years  or  older
   12  or  the  adoptive  parents of an adoptee who has not attained the age of
   13  eighteen years may access such medical information.
   14    (c) [A] FOR ALL ADOPTIONS IN THE STATE, A  birth  parent  [may]  SHALL
   15  provide  the  adoption  medical  information sub-registry with certified
   16  medical information. Such certified  medical  information  must  include
   17  other information sufficient to locate the adoptee's birth record.
   18    (d)  Upon  receipt from the birth parent of certified medical informa-
   19  tion and other information needed to identify the  adopted  person,  the
   20  department  shall[,  to  the  extent  practicable, determine if] CONFIRM
   21  WHETHER the adoptee was adopted in New York state. If  the  adoptee  was
   22  adopted  in  New York state, the department shall register such informa-
   23  tion and determine if the adoptee or adoptive parent of the  adoptee  is
   24  registered.  Upon  such  determination, the department shall release the
   25  non-identifying medical information only to an  adoptee,  aged  eighteen
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11149-01-3
       S. 5538                             2
    1  years  or  older,  or adoptive parent of an adoptee who has not attained
    2  the age of eighteen years.
    3    (e)  Upon  receipt from an adoptee aged eighteen years or older or the
    4  parent of an adoptee of a registration, the department  shall[,  to  the
    5  extent  practicable,  determine  if]  CONFIRM  WHETHER  the  adoptee was
    6  adopted in New York state. If the adoptee was adopted in New York state,
    7  the department shall search its records for medical information provided
    8  by the adoptee's birth parent. [If such medical  information  is  found,
    9  the]  THE  department shall release the non-identifying medical informa-
   10  tion only, to an adoptee, aged eighteen  years  or  older,  or  adoptive
   11  parent of an adoptee who has not attained the age of eighteen years.
   12    (f)  The  department  shall  [not  solicit or request the provision of
   13  medical information from a birth parent or the registration by an  adop-
   14  tee  or  parent  of  an  adoptee]  ESTABLISH PROCEDURES TO ENSURE HEALTH
   15  INFORMATION IS PERIODICALLY UPDATED.
   16    (g) A fee shall not be required from  a  birth  parent  for  providing
   17  health information.
   18    S  2.  This  act  shall  take  effect on the same date and in the same
   19  manner as chapter 480 of the laws of 2012 takes effect.