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Over 85,000 Secret Reports Made by Doctors to NYS Police Without Patients Notice

Doctor is calling patient after reading diagnose

Webster, NY-( Civil rights attorney Paloma A. Capanna today released the statistics on the NYS Mental Hygiene Law §9.46 secret reporting from 2013-2016, showing more than 85,000 reports made from medical providers to the NYS Office of Mental Health and the NYS Department of Criminal Justice Services.

The statistics, obtained through the NYS Public Officers Law (“FOIL”), show secret reports have been made in every county of the state, every year, since the “SAFE Act” was launched in 2013.

The secret reports flow from doctors to OMH to DCJS to the NYS Police. “These secret reports effectively criminalize those who seek mental health and medical services,” says Capanna.

Capanna’s client, Nicholas S. Castellano, submitted the FOIL. “To learn that more than 85,000 reports were secretly made by doctors against their New York patients since 2013 puts Governor Cuomo at the top of the list previously headed up by Joe McCarthy. This secret reporting program puts the NYS Police in every examination room in the state. Make no mistake about it.”

Of those reported to NYS, only a handful of handgun license holders have been notified of the secret reports, during court cases. There is no notification requirement as part of MHL §9.46. The report is not part of patient medical records. And, the state agencies in possession of the reports refuse to release them even to the individual.

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