Matter of Albany Law School v New York State Off. of Mental Retardation & Dev. Disabilities

Petitioners provide protection and advocacy services to individuals with developmental disabilities. After receiving a complaint regarding the discharge practices of respondent, petitioners requested access to the clinical records of all individuals residing at two respondent facilities to investigate whether they were being denied the opportunity to live in less restrictive settings. Relying on Mental Hygiene Law 45.09(b) and 33.13(c)(4), petitioners asserted that they were entitled to unrestricted access to the clinical records. Answering a certified question, the court concluded that section 45.09(b) and section 33.13(c)(4) must be read in accord with federal law and that actively-involved family members could possess sufficient decision-making authority to qualify as legal representatives under the pertinent regime. Accordingly, the order of the Appellate Division should be modified, without costs, and the case remitted to Supreme Court for further proceedings in accordance with the opinion and, as so modified, affirmed. View "Matter of Albany Law School v New York State Off. of Mental Retardation & Dev. Disabilities" on Justia Law