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File #: Int 2346-2021    Version: * Name: Disclosure of identifying information by mental health services.
Type: Introduction Status: Committee
Committee: Committee on Mental Health, Disabilities and Addiction
On agenda: 6/17/2021
Enactment date: Law number:
Title: A Local Law to amend the administrative code of the city of New York, in relation to disclosure of identifying information by mental health services
Sponsors: Farah N. Louis, Kalman Yeger
Council Member Sponsors: 2
Summary: This bill would prohibit City mental health services from disclosing information about an individual using such service to other City agencies, unless the individual provides written consent, the individual poses an immediate danger to themselves or others, or the disclosure is required by law. This bill would also require City mental health services to disclose to individuals using such service whether the service collects information about the individual, and whether the service retains or shares the information collected.
Attachments: 1. Summary of Int. No. 2346, 2. Int. No. 2346, 3. June 17, 2021 - Stated Meeting Agenda with Links to Files, 4. Hearing Transcript - Stated Meeting 6-17-21, 5. Minutes of the Stated Meeting - June 17, 2021

Int. No. 2346

 

By Council Members Louis and Yeger

 

A Local Law to amend the administrative code of the city of New York, in relation to disclosure of identifying information by mental health services

 

Be it enacted by the Council as follows:

 

Section 1. Chapter 1 of title 17 of the administrative code of the city of New York is amended by adding a new section 17-199.16 to read as follows:

§ 17-199.16 Disclosure of identifying information by mental health services. a. Definitions. As used in this section, the following terms have the following meanings:

Identifying information. The term “identifying information” has the same meaning ascribed to such term in section 23-1201.

Mental health service. The term “mental health service” means any activity or resource provided by a city agency to help an individual with mental health-related conditions, including, but not limited to, providing information, offering referrals, connecting individuals with internal or external resources and any direct action taken for or on behalf of an individual seeking assistance with mental health-related conditions.

b. Notwithstanding any contrary provision of section 23-1203, a mental health service may only disclose to another city agency identifying information obtained in connection to the provision of such services if:

1. Such individual provides written consent for such disclosure;

2. Such individual poses an immediate danger to themselves or others; or

3. Such disclosure is required by law.

c. A mental health service must disclose to an individual seeking such services the following information:

1. Whether such mental health service collects any identifying information about an individual using such service, including what information is collected;

2. Whether such mental health service retains identifying information; and

3. Whether such mental health service shares identifying information, including what city agencies or other entities may receive the information.

§ 2. This local law takes effect 30 days after it becomes law.

 

 

 

 

 

 

 

JEF

LS #17547

6/2/2021