Designates records and information relating to a patient who has been deceased for a period of fifty years or longer as historic records no longer subject to privacy protections; provides that such provisions shall not be construed as requiring a facility to retain records for any particular length of time.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A3733A
SPONSOR: Bronson TITLE OF BILL:
An act to amend the mental hygiene law, in relation to designating
records and information relating to a patient who has been deceased for
a period of fifty years or longer as historic records no longer subject
to privacy protections
PURPOSE OR GENERAL IDEA OF BILL:
This bill would remove privacy protections for records and information
pertaining to individuals deceased for fifty years or more.
SUMMARY OF PROVISIONS:
Section 1 amends section 33.16 of the mental health law by stating that
records and information relating to a person who has been deceased for
fifty years or more shall be considered historic records and shall no
longer be considered confidential or subject to privacy protections.
Section 2 establishes the effective date.
JUSTIFICATION:
In 2014, New York State enacted a law barring anyone from accessing old
clinical records of deceased individuals unless the person requesting
access is a parent, a child, a sibling, or a spouse of the deceased. If
no such immediate family members are alive, this effectively makes the
clinical records of deceased individuals permanently inaccessible, even
if the person requesting the information is a direct descendant of the
deceased.
Modern research shows that people can have a genetic predisposition.to
mental illness which, if left untreated, can lead to severe consequences
such as suicide. One way people can be made aware of whether they might
have such a predisposition is by accessing the clinical records of their
ancestors so that they can identify if there is a pattern of mental
illness or suicidal behavior in their family. By having access to ances-
tors' old clinical records, descendants can gain insight into their own
genetic risk factors for psychiatric illness. From there, they can then
choose to seek preliminary treatment to prevent the potential onset of
mental health disorders. Thus, direct descendants of individuals who
have been deceased for fifty years or more should have access to this
potentially life-saving information.
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION:
This version removes privacy protections for the clinical records of
those deceased for fifty years or more, expanding access to the records
beyond direct descendants.
LEGISLATIVE HISTORY:
A10125 of 2024: referred to Mental Health
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
Effective immediately.
