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Adopted Rules: Closed to Comments

Adopted Rules Content: 

 

 

Statement of Basis and Purpose

 

Statutory Authority

 

These amendments to the New York City Health Code (“the Health Code”) are promulgated pursuant to Sections 558 and 1043 of the New York City Charter (“the Charter”).  Section 558(b) and (c) of the Charter empowers the Board of Health (“the Board”) to amend the Health Code and to include in the Health Code all matters to which the authority of the New York City Department of Health and Mental Hygiene (“the Department”) extends. Section 1043 grants the Department rulemaking authority. 

 

Background and New Requirements

           

Currently all facilities in the City of New York that report 25 or more deaths per year, including hospitals, hospices, funeral homes and the Office of Chief Medical Examiner, must submit reports of death to the Department electronically.  This system of electronic death registration enables reporting of 94% of all deaths in New York City.  In order to increase the number of deaths reported electronically, the Department now requires that:

 

  1. All hospitals and hospices reporting ten or more deaths per year (reduced from 25) report them electronically;
  2. Skilled nursing facilities reporting ten or more deaths per year also submit reports of death electronically;
  3. All facilities that are not mandated to report deaths electronically, continue to do so once they begin reporting electronically;
  4. In addition, the Department eliminates the fee currently charged for both processing interim disposition permits and for correcting a final disposition as a result of an interim disposition.

 

The new requirements will increase the number of deaths reported electronically each year.  Furthermore, the elimination of fees charged for both filing interim disposition permits and correcting the final disposition as a result of an interim disposition will encourage filing of interim disposition permits.  Currently, charging these fees discourages funeral directors from filing interim disposition permits, which results in delayed reporting of deaths.

 

The amendments adopted below reflect changes to Article 207, section 207.13 of the Health Code approved for adoption on December 9, 2014 by the Board.                

 

The proposal is as follows:

 

“Shall” and “must” denote mandatory requirements and may be used interchangeably in the rules of this Department, unless otherwise specified or unless the context clearly indicates otherwise.

 

 

Effective Date: 
Mon, 04/20/2015

Proposed Rules: Closed to Comments (View Public Comments Received:1)

Agency:
Comment By: 
Thursday, January 22, 2015
Proposed Rules Content: 

 

 

Statement of Basis and Purpose

 

 

Statutory Authority

 

            These amendments to the New York City Health Code (“the Health Code”) are promulgated pursuant to Sections 558 and 1043 of the New York City Charter (“the Charter”).  Section 558(b) and (c) of the Charter empowers the Board of Health (“the Board”) to amend the Health Code and to include in the Health Code all matters to which the authority of the New York City Department of Health and Mental Hygiene (“the Department”) extends. Section 1043 grants the Department rulemaking authority. 

 

Background and New Requirements

           

            Currently all facilities in the City of New York that report 25 or more deaths per year, including hospitals, hospices, funeral homes and the Office of Chief Medical Examiner, must submit reports of death to the Department electronically.  This system of electronic death registration enables reporting of 94% of all deaths in New York City.  In order to increase the number of deaths reported electronically, the Department proposes:

 

  1. To require that all hospitals and hospices reporting ten or more deaths per year (reduced from 25) report them electronically;
  2. To require that skilled nursing facilities reporting ten or more deaths per year also submit reports of death electronically;
  3. To require that all facilities that voluntarily report deaths electronically continue to do so;
  4. To eliminate the fee currently charged for both processing interim disposition permits and for correcting a final disposition as a result of an interim disposition.

 

The new requirements will increase the number of deaths reported electronically each year.  Furthermore, the elimination of fees charged for both filing interim disposition permits and correcting the final disposition as a result of an interim disposition will encourage filing of interim disposition permits.  Currently, charging these fees discourages funeral directors from filing interim disposition permits, which results in delayed reporting of deaths.

 

At its meeting on December 9, 2014, the Board adopted a resolution that included amendments to Section 207.13 of Article 207 of the Health Code, which is also proposed to be amended below.  The amendments proposed below reflect Article 207 of the Health Code as it exists at the time this proposal was approved for publication, and do not yet reflect the changes approved for adoption on December 9, 2014.                     

 

 

 

 

Subject: 

Proposed resolution to amend Section 205.03 of Article 205 of the New York City Health Code to increase the number of users who are required to submit electronic death records, and Section 207.13 of Article 207 of the New York City Health Code to eliminate the fees charged for interim disposition permits and for correcting a final disposition as a result of an interim disposition.

Location: 
New York City Department of Health and Mental Hygiene, Gotham Center
42-09 28th Street 8th Floor, Room 8-25
Queens, NY 11101-4132
Contact: 

Svetlana Burdeynik at (347) 396-6078 or resolutioncomments@health.nyc.gov

Download Copy of Proposed Rule (.pdf): 

Adopted Rules: Closed to Comments

Adopted Rules Content: 

 

 

Statement of Basis and Purpose

 

These amendments to the New York City Health Code (the Health Code) are promulgated pursuant to sections 556, 558, and 1043 of the New York City Charter (the Charter).  Section 556 of the Charter grants the Department jurisdiction to supervise and control the registration of deaths.  Sections 558(b) and 558(c) of the Charter empower the Board of Health (the Board) to amend the Health Code and to include in the Health Code all matters to which the authority of the New York City Department of Health and Mental Hygiene (the Department) extends. Section 558(c) of the Charter also empowers the Board of Health to provide for the examination and issuance of death certificates.  Section 1043 grants the Department rule-making authority.        

 

The amendments to sections 205.7, 207.11, and 207.13 of Articles 205 and 207 of the Health Code are intended to: (1) expand access to confidential medical reports of death for deaths that occurred prior to January 1, 2010; (2) clarify who may obtain a copy of a death certificate; and (3) expand access to fact-of-death information for specified benefit-paying parties, licensed doctors and attorneys, upon payment of a fee. 

 

The amendments amend Health Code section 205.07(a) to add siblings, grandparents, and grandchildren to the list of people who may access confidential medical reports of death.  Currently, section 205.07(a) allows the Department to release confidential medical reports of death for deaths occurring on or after January 1, 2010.  Because there is no reason to treat reports of deaths occurring earlier differently, the amendments also delete the reference to that date and would allow the Department to release any available confidential medical report of death to an entitled person.

 

Health Code section 207.11 currently allows “persons or their representatives, who are agents of, or who otherwise have a legal or fiduciary obligation to such persons, as a relative, person in control of disposition, heir or beneficiary…” to inspect death records.  The current language has led to confusion about who is entitled to a decedent’s death record.  The amendments to section 207.11 clarify the classes of people entitled to inspect a confidential medical report of death, and align that list with the amendments to section 205.07.

 

Finally, Health Code section 207.13(e) allows the Department to issue verifications of information contained in death certificates and other vital statistics certificates to other governmental agencies upon request.  The amendments to that section will expand access to benefit-paying parties such as annuity companies and pension plans to terminate benefits upon death of a recipient, physicians and hospitals who demonstrate that such information is needed to determine whether a patient they are treating has died, and licensed attorneys who demonstrate that the information is necessary to administer an estate.  Additionally, because the Department anticipates providing verifications through an electronic system maintained by The National Association for Public Health Statistics and Information Systems, language has been added authorizing the Department to enact rules describing how the verifications will be provided.    

 

 

 

Effective Date: 
Mon, 01/12/2015