Webster, NY –-(Ammoland.com)- 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.
Capanna also released the original FOIL, all of which was denied, except for the one data set. “We will continue to fight to obtain all of the requested information,” said Capanna.
Capanna represents clients in federal, state, and local courts, fighting against systematic false reporting of “involuntary commitment” and additional reporting under the “SAFE Act.”
Among the decisions currently pending are the records, if any, of more than 2,000 individuals who submitted FOIL requests to the NYS Police for any records it may be harboring against them from medical providers.
Capanna previously won the case of Robinson v. Cuomo for the release of the numbers of firearms registered under the “assault weapons ban,” including an award of attorney’s fees and costs against the state.
“I will not rest until this secret reporting system is shut down and everyone reported into it is notified,” said Capanna. “Democrats all over this state are going to be shocked at what Governor Cuomo has done to their rights to privacy and under HIPAA when they get notified that they, too, are in this secret, criminal database. This has nothing to do with gun rights and everything to do with civil rights.”
Castellano & Hempel Freedom of Information Act Requests to NYS Office of Mental Health
Castellano NYS Office of Mental Health Response
NYS Secret Reporting Flow Chart
I have to wonder how many of these secret reports indicate that the patient may have a banned or assault weapon the must be registered under ny safe act? Tyrant cuomo using doctors as stool pigeons to fasilitate the expansion of the secret police and informant network. Welcome to liberal America.
I’ve got a feeling there’s going to be a lot of law suits happening in nys.
I believe there are a lot of doctors that should lose their license!
Where is the ACLU? I guess they’re too busy worrying about foreigners and can’t be bothered to help American citizens.
Of the myriad of documents and information requested (the legal term is something to the effect of ‘F.O.I.A. Demanded’) and which legally must be presented to the requestor ‘within a fair and reasonable time frame’, only one – o n e – was offered and it’s a decent bet it probably was ‘toyed with’, you know, given a ‘nudge’. The rest of the info and documents demanded ? The State Of New York officially and politely told Mr. Castellano and Ms. Capana (and through them, the entire citizenry of the state) to go f*ck themselves ; that citizens aren’t citizens,… Read more »
What happened to HIPPA rules.