Provides for the release of patient records by the office of mental health

• Democratic3
• Republican1

◆ The sponsor's argument

Why Samra Brouk says this is needed

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.

This is the sponsor's own case for the bill, quoted from their memorandum. It is not Agora's description of what the bill does.