(a) If any state or municipal law requires that an agency, entity, or
person provide a prescribed notice to a decision-maker, and the agency,
entity, or person required to provide such notice has received a
supported decision-making agreement from a decision-maker that specifies
that a supporter is also to receive a copy of any such notice, then the
agency, entity, or person in possession of the supported decision-making
agreement shall also provide the specified supporter with a copy of such
notice.
(b) Notwithstanding the provisions of this subsection, if any state or
municipal law requires that an agency, entity, or person provide a
prescribed notice to a decision-maker and such notice includes protected
information, including private health information or educational records
protected by state or federal law, such notice shall not be provided to
the specified supporter unless the supported decision-making agreement
is accompanied by a release authorizing the specified supporter to
obtain the protected information.
* NB Effective 90 days from the date that the regulations issued in
accordance with ยง 1 of chapter 481 of 2022 appear in the New York State
Register or the date such regulations are adopted, whichever is later.
Structure New York Laws
Article 82 - Supported Decision-Making
82.01 - Legislative Findings and Purpose.
82.03 - Presumption of Capacity.
82.05 - Duties, Responsibilities, and Authority of Supporters.
82.06 - Formation and Term of Agreement.
82.07 - Revocation and Amendment of Agreement.
82.08 - Eligibility and Resignation of Supporters.
82.09 - Facilitation of Agreement.
82.11 - Legal Effect of Decisions Made With Support and Third Party Obligations.
82.12 - Limitations on Liability.
82.14 - Reporting Abuse, Coercion, Undue Influence, or Financial Exploitation.