New York 2025-2026 Regular Session

New York Assembly Bill A03733

Introduced
1/30/25  
Refer
1/30/25  
Refer
1/7/26  

Caption

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.

Impact

The immediate impact of Bill A03733 would be on the management of mental health records within facilities. By reclassifying these records as historic after fifty years, the bill addresses the historical significance of such information, potentially allowing researchers and interested parties to access data that could contribute to historical and demographic studies. However, this could raise concerns regarding the privacy of individuals and their families, as the protection of sensitive information would cease after the specified period.

Summary

Bill A03733 aims to amend the mental hygiene law in New York to designate records and information pertaining to patients who have been deceased for fifty years or longer as historic records. Under this bill, such records would no longer be considered confidential or protected by privacy laws. This change would reflect a significant shift in how long-term deceased patients' records are handled, making them publicly accessible after this time frame.

Contention

Notable points of contention surrounding A03733 may revolve around the balance between public interest in historical data and the privacy rights of the deceased and their relatives. Advocates for the bill argue that after a sufficient period, the information can contribute valuable insights into mental health trends over time. On the other hand, privacy advocates and affected families could express concerns regarding the potential misuse of personal information that was previously protected under privacy laws.

Companion Bills

NY S04713

Same As 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.

Previously Filed As

NY S04713

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.

NY A08905

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.

NY S0506

Public Records/Body Camera Recordings Recorded by a Code Inspector

NY A08331

Requires disciplinary hearings for incarcerated individuals to be recorded with both audio and visual components; requires such recordings to be preserved; directs the commissioner of the department of corrections and community supervision to promulgate rules and regulations for who can access such recordings and when such recordings can be accessed.

NY S09731

Enacts the "homeowner fraud protection and property alert act"; relates to establishing a statewide electronic property recording alert system to allow property owners to receive notification when an instrument affecting their property is recorded in the official records of any county; establishes the county recording modernization fund.

NY A09172

Enacts the "homeowner fraud protection and property alert act"; relates to establishing a statewide electronic property recording alert system to allow property owners to receive notification when an instrument affecting their property is recorded in the official records of any county; establishes the county recording modernization fund.

NY S08903

Provides for the availability of certain records of former patients interred at state mental health hospital cemeteries.

NY A10242

Provides for the availability of certain records of former patients interred at state mental health hospital cemeteries.

NY S07510

Provides for the creation and maintenance of digital records for each incarcerated individual which includes all medical records, including but not limited to mental health records and results of drug or alcohol tests, work records and evaluations, conduct records and programming records.

NY A05316

Requires medical records to be made available to patients in an electronic format through a web portal and in a format that allows patients to save records to their own device; requires electronic medical records systems to give qualified persons access to records in a single, secure format and to establish policies and procedures to endure confidentiality.

Similar Bills

No similar bills found.