Directs the commissioner to promulgate regulations for the release of certain patient records by the office of mental health.
Summary
A05546 would require the Commissioner of Mental Health to adopt regulations governing disclosure of patient information for deceased individuals who were residents of facilities operated or certified by the Office of Mental Health. The bill allows such records to be released, upon written request, to family members, personal representatives of the decedent, or other persons who were involved in the decedent’s care or payment for care before death. It also requires that any disclosure be consistent with any known prior expressed preference of the deceased person.
The bill also amends the Mental Hygiene Law to allow disclosure of certain patient information upon written request by a health care provider of a patient’s family member when the information is needed for treatment of that family member. The commissioner is directed to define “family member” by regulation. The measure takes effect immediately, with the deceased-records disclosure provision delayed for 180 days after enactment to allow time for regulations to be developed.
Impact
This bill would modify New York’s mental hygiene confidentiality rules by creating a specific regulatory framework for releasing records of deceased mental health facility residents and by adding a new disclosure pathway for family-member treatment-related requests. It affects the Office of Mental Health, providers operating or certifying facilities under its jurisdiction, and the families, representatives, and caregivers seeking access to records. The bill also interacts with existing confidentiality provisions in sections 33.13 and 33.16 of the Mental Hygiene Law and requires regulations consistent with HIPAA.
Sentiment
The bill appears to have broad support and little visible opposition. It was reported favorably by the Assembly Mental Health Committee by a 13-0 vote and then passed the Assembly floor unanimously, 149-0. The available record suggests the measure was viewed positively as a targeted confidentiality-and-access reform rather than a controversial policy change.
Contention
The main policy issue is balancing privacy with access to records after death. The bill preserves confidentiality by prohibiting disclosure when it conflicts with a known prior preference of the decedent, while also expanding access for family members, personal representatives, and others involved in care or payment. A secondary point of discretion is the commissioner’s authority to define “family member” by regulation, which could affect who qualifies for access and under what circumstances. No recorded committee debate or opposition is included in the available materials.
Relates to the provision of patient health information and medical records; expands the definition of medical records to include all health related records; prohibits fees for providing certain records.
Allowing healthcare providers to charge fees to furnish a patient's healthcare records and providing for the disclosure of a deceased patient's healthcare records to certain individuals.
Requires the commissioner of the office of addiction services and supports to require mental health evaluations for participants in substance use disorder treatment programs and to promulgate rules and regulations to effectuate such requirement.
Directs a criminal court to establish a period of commitment for persons found not responsible by reason of mental disease or defect; a person so committed shall not be eligible for release from the custody of the commissioner of mental health or the commissioner of developmental disabilities until completion of the period of commitment.
Relating to information provided by friends and family for inclusion into certain patients' medical records and to health care professionals' duties when discharging certain patients from inpatient care.