Bill Text: NY S07450 | 2023-2024 | General Assembly | Introduced

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Bill Title: Provides for the release of patient or client clinical records to correctional facilities or a public health authority.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed) 2024-01-03 - REFERRED TO DISABILITIES [S07450 Detail]

Download: New_York-2023-S07450-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          7450

                               2023-2024 Regular Sessions

                    IN SENATE

                                      May 26, 2023
                                       ___________

        Introduced  by Sen. MANNION -- (at request of the Office for People with
          Developmental Disabilities) -- read twice  and  ordered  printed,  and
          when printed to be committed to the Committee on Disabilities

        AN  ACT  to  amend the mental hygiene law, in relation to the release of
          patient or client clinical records to  correctional  facilities  or  a
          public health authority

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

     1    Section 1. Paragraph 10 of subdivision (c) of  section  33.13  of  the
     2  mental  hygiene  law,  as amended by chapter 322 of the laws of 2021, is
     3  amended to read as follows:
     4    10. to a correctional facility, when the chief administrative  officer
     5  has  requested  such  information  with  respect to a named incarcerated
     6  individual of such correctional facility as defined by subdivision three
     7  of section  forty  of  the  correction  law  or  to  the  department  of
     8  corrections and community supervision, when the department has requested
     9  such  information  with respect to a person under its jurisdiction or an
    10  incarcerated individual of a  state  correctional  facility,  when  such
    11  incarcerated individual is within four weeks of release from such insti-
    12  tution  [to  community supervision]. However,   clinical records  in the
    13  possession of the office for people with developmental  disabilities may
    14  be  disclosed  to  the  correctional facility  or  the   department   of
    15  corrections  and community supervision when such incarcerated individual
    16  is within nine months of release  from  such  institution.      Clinical
    17  records  in   the possession of the office for people with developmental
    18  disabilities may be disclosed to a correctional  facility  and/or    the
    19  department  of   corrections  and community  supervision  when  a  named
    20  person who receives or is eligible to receive services that  are   oper-
    21  ated,    certified,  funded  or  approved  by the office for people with
    22  development disabilities has entered or will  enter  the  custody  of  a
    23  correctional facility,  to the extent necessary to facilitate the conti-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06950-01-3
        S. 7450                             2

     1  nuity  of  appropriate  services.  Information released pursuant to this
     2  paragraph may be limited to a summary of the record, including  but  not
     3  limited  to:  the basis for referral to the facility; the diagnosis upon
     4  admission and discharge; a diagnosis and description of the patient's or
     5  client's  current  mental  condition;  the  current course of treatment,
     6  medication and therapies; and the facility's recommendation  for  future
     7  mental  hygiene  services,  if any. Such information may be forwarded to
     8  the department of corrections and community supervision staff in need of
     9  such information for the purpose of making a determination regarding  an
    10  incarcerated  individual's  health  care, security, safety or ability to
    11  participate in programs. In the  event  an  incarcerated  individual  is
    12  transferred,  the  sending  correctional  facility  shall  forward, upon
    13  request, such summaries to  the  chief  administrative  officer  of  any
    14  correctional  facility  to  which  the incarcerated individual is subse-
    15  quently incarcerated. The office of mental health  and  the  office  for
    16  people with developmental disabilities, in consultation with the commis-
    17  sion  of  correction  and  the  department  of corrections and community
    18  supervision, shall promulgate rules and  regulations  to  implement  the
    19  provisions of this paragraph.
    20    §  2.  Subdivision  (c)  of section 33.13 of the mental hygiene law is
    21  amended by adding a new paragraph 19 to read as follows:
    22    19. to a public health authority, as defined in 45 CFR  164.501,  that
    23  is  authorized  by  law  to  collect or receive such information for the
    24  purpose of preventing or controlling disease, injury, or disability, for
    25  the purpose of preventing or controlling a public health emergency.
    26    § 3. This act shall take effect immediately.