senate Bill S4174

Amended

Relates to requirements for the transfer of patient medical records in certain circumstances

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 12 / Mar / 2013
    • REFERRED TO HIGHER EDUCATION
  • 21 / May / 2013
    • REPORTED AND COMMITTED TO FINANCE
  • 11 / Jun / 2013
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 11 / Jun / 2013
    • ORDERED TO THIRD READING CAL.1273
  • 13 / Jun / 2013
    • AMENDED ON THIRD READING 4174A
  • 21 / Jun / 2013
    • PASSED SENATE
  • 21 / Jun / 2013
    • DELIVERED TO ASSEMBLY
  • 21 / Jun / 2013
    • REFERRED TO HEALTH
  • 08 / Jan / 2014
    • DIED IN ASSEMBLY
  • 08 / Jan / 2014
    • RETURNED TO SENATE
  • 08 / Jan / 2014
    • REFERRED TO HIGHER EDUCATION
  • 12 / May / 2014
    • AMEND AND RECOMMIT TO HIGHER EDUCATION
  • 12 / May / 2014
    • PRINT NUMBER 4174B
  • 15 / May / 2014
    • AMEND AND RECOMMIT TO HIGHER EDUCATION
  • 15 / May / 2014
    • PRINT NUMBER 4174C

Summary

Requires a health care provider or facility which has determined to cease to do business or which is transferring its ownership, at least sixty days prior to such action, notify the commissioner of health of its intent and shall provide a copy of its plan for transfer of patient records to another provider, facility or practitioner; if the determination to cease to do business or practice in this state resulted from illness, injury, or death, the commissioner shall work with the provider or his or her representative to facilitate notification and transfer records within one hundred sixty days after such notification.

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Bill Details

Versions:
S4174
S4174A
S4174B
S4174C
Legislative Cycle:
2013-2014
Current Committee:
Senate Higher Education
Law Section:
Education Law
Laws Affected:
Amd §6530, Ed L; add §18-b, Pub Health L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S2215
2009-2010: S2188

Sponsor Memo

BILL NUMBER:S4174

TITLE OF BILL: An act to amend the education law and the public
health law, in relation to the transfer of patient medical records in
certain circumstances

PURPOSE: This bill establishes requirement for orderly transfer of
medical records, if a physician closes an office, makes it clear that
failure to comply with law regarding patient access to his or her own
records is misconduct, and allows the health commissioner to take
emergency action to require new tests if the failure to release
records timely poses a health threat to individual patients.

SUMMARY OF PROVISIONS:

Section one amends the Education Law section 6530 subdivision 40 to
include within the definition of professional misconduct the failure
to provide access to patient information in accordance with the
standards set forth in Public Health Law section 17. Additionally, the
reference to Public Health Law section 18 is clarified.

Section two amends the Public Health Law by adding a new section 18-b.
Subsection 1 provides that when a health care provider, facility, or
practitioner which has possession of patient information has decided
to cease to exist, transfer ownership, or interrupt services for a
permanent or extended period of time shall notify the Commissioner of
the Department of Health of its intent to cease to exist, transfer
ownership or interrupt services. Such notification shall be made at
least 60 days before the cessation, transfer, or interruption and
include a plan for the transfer of the patient records to the patient
or another health care provider, facility, or practitioner. The
Commissioner shall prescribe the form for the plan, requirements for
the transfer and notification requirements.

Subsection 2 provides that if the Commissioner determines that the
failure to timely release an individual's medical records caused or
may cause a threat to the individual and more than 6 months have
elapsed since a prior screening or test, the Commissioner may order
that new tests be performed by a practitioner chosen or approved by
the Commissioner. To expedite the tests, the Commissioner may
authorize payment for such tests from any account under the control of
the Department and assess the health care provider, facility or
practitioner who failed to timely provide access to the individual's
records.

Section three provides that this act shall take effect immediately.

EXISTING LAW: Under current law, health care providers, facilities,
and practitioners that decide to cease operations, transfer ownership,
or interrupt services for a prolonged period of time are not required
to notify the Commissioner of the Department of Health of either their
intentions or to whom the patient records in their possession will be
transferred.

JUSTIFICATION: The bill closes a loophole to provide for continuous
custody of medical records. We have unfortunately seen situations in


which a provider determines to cease operations and fails to either
provide for appropriate transfer of records or to give the records to
patients who have asked for them. Additionally, there is no provision
in law to allow for new tests in a situation where a patient's records
cease to be relevant to the patient's health care situation because
they were either not timely or properly transferred.

Numerous other States, including California, Massachusetts, New
Jersey, Pennsylvania, and Wisconsin statutorily provide for the
transfer and/or preservation of patient medical records in situations
where a health care provider, facility, or practitioner ceases
operations. The majority of the remaining States have administratively
prescribed rules for the transfer and/or preservation of medical
records in these situations. To protect the health and welfare of New
Yorkers, New York should join the States that provide protection to
patient medical records by statutorily requiring their proper
transfer.

LEGISLATIVE HISTORY: 2011-2: S.2215 - Referred to Higher Education
both years 2009-10: S.2188 - Referred to Higher Education both years
2008: S.6638 - Referred to Higher Education

FISCAL IMPLICATIONS: It is not anticipated that this legislation will
have any significant fiscal impact on the State

EFFECTIVE DATE: This act shall take effect immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4174

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             March 12, 2013
                               ___________

Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Higher Education

AN ACT to amend the education law and the public health law, in relation
  to the transfer of patient medical records in certain circumstances

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision  40  of section 6530 of the education law, as
added by chapter 606 of the laws of 1991, is amended to read as follows:
  40. Failing to provide access by qualified persons to patient informa-
tion in accordance with the standards set forth  in  [section]  SECTIONS
SEVENTEEN  AND  eighteen of the public health law, SUCH SECTION EIGHTEEN
as added by chapter [497] FOUR  HUNDRED  NINETY-SEVEN  of  the  laws  of
[1986] NINETEEN HUNDRED EIGHTY-SIX;
  S  2. The public health law is amended by adding a new section 18-b to
read as follows:
  S 18-B. REQUIREMENT FOR TRANSFER OF  INFORMATION.  1.  A  HEALTH  CARE
PROVIDER,  HEALTH  CARE  FACILITY,  OR HEALTH CARE PRACTITIONER, AS SUCH
TERMS ARE DEFINED IN SECTION EIGHTEEN OF THIS ARTICLE, WHICH HAS IN  ITS
POSSESSION  PATIENT INFORMATION AS SUCH TERM IS DEFINED IN SUCH SECTION,
AND WHICH HAS DETERMINED TO CEASE TO DO  BUSINESS  OR  WHICH  IS  TRANS-
FERRING  ITS  OWNERSHIP  OR  OTHERWISE  INTERRUPTING  ITS SERVICES FOR A
PERMANENT OR EXTENDED PERIOD SHALL, AT LEAST SIXTY DAYS  PRIOR  TO  SUCH
ACTION,  NOTIFY  THE COMMISSIONER OF ITS INTENT AND SHALL PROVIDE A COPY
OF ITS PLAN FOR TRANSFER OF PATIENT RECORDS TO ANOTHER PROVIDER, FACILI-
TY, PRACTITIONER OR PATIENT, AS REQUESTED OR REQUIRED PURSUANT  TO  LAW.
THE COMMISSIONER SHALL PRESCRIBE THE FORM OF SUCH PLAN, THE REQUIREMENTS
FOR TRANSFER, AND THE MANNER OF REQUIRED NOTIFICATION.
  2.  IF  THE  COMMISSIONER SHALL DETERMINE THAT THE FAILURE OF ANY SUCH
HEALTH CARE PROVIDER, HEALTH CARE FACILITY, OR HEALTH CARE  PRACTITIONER
TO  TIMELY  RELEASE  MEDICAL  RECORDS  PURSUANT TO SECTIONS SEVENTEEN OR
EIGHTEEN OF THIS TITLE, SUCH SECTION EIGHTEEN AS ADDED BY  CHAPTER  FOUR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01923-02-3

S. 4174                             2

HUNDRED  NINETY-SEVEN  OF THE LAWS OF NINETEEN HUNDRED EIGHTY-SIX, SHALL
HAVE CAUSED OR MAY CAUSE A THREAT TO THE HEALTH OF THE  INDIVIDUALS  WHO
ARE  THE  SUBJECT  OF  SUCH  RECORDS,  BECAUSE  MORE THAN SIX MONTHS HAS
ELAPSED  SINCE A PRIOR SCREENING OR TEST, THE COMMISSIONER MAY ORDER NEW
TESTS TO BE PERFORMED BY  A  PRACTITIONER  CHOSEN  OR  APPROVED  BY  THE
COMMISSIONER.  IN  ORDER  TO  EXPEDITE  SUCH TESTS, THE COMMISSIONER MAY
ORDER PAYMENT FOR SUCH TESTS FROM ANY ACCOUNT UNDER THE CONTROL  OF  THE
DEPARTMENT,  AND SHALL ASSESS ANY SUCH HEALTH CARE PROVIDER, HEALTH CARE
FACILITY, OR HEALTH CARE  PRACTITIONER  WHO  FAILED  TO  TIMELY  RELEASE
MEDICAL RECORDS FOR THE EXPENSES.
  S 3. This act shall take effect immediately.

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