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Assembly Bill A4866

2009-2010 Legislative Session

Prohibits health care providers who discontinue their practice from charging for the transfer of patient records

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Archive: Last Bill Status - In Assembly Committee

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Bill Amendments

2009-A4866 - Details

Current Committee:
Assembly Health
Law Section:
Public Health Law
Laws Affected:
Amd §18, Pub Health L

2009-A4866 - Summary

Prohibits health care providers who discontinue their practice from charging for the transfer of patient records.

2009-A4866 - Bill Text download pdf 

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

                                  4866

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 6, 2009
                               ___________

Introduced by M. of A. ALESSI -- Multi-Sponsored by -- M. of A. BENEDET-
  TO,  CLARK,  DESTITO,  DINOWITZ,  ENGLEBRIGHT,  FIELDS,  HYER-SPENCER,
  JAFFEE, JOHN, LATIMER, McENENY, ORTIZ, J. RIVERA, SWEENEY,  WEISENBERG
  -- read once and referred to the Committee on Health

AN ACT to amend the public health law, in relation to prohibiting health
  care  providers  who  discontinue their practice from charging for the
  transfer of patient records

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

  Section  1. Paragraph (e) of subdivision 2 of section 18 of the public
health law, as amended by chapter 576 of the laws of 1998, is amended to
read as follows:
  (e) The provider may impose a reasonable charge  for  all  inspections
and copies, not exceeding the costs incurred by such provider, provided,
however, that a provider may not impose a charge for copying an original
mammogram  when  the original has been furnished to any qualified person
and provided, further, that any charge for furnishing an original mammo-
gram pursuant to this section shall  not  exceed  the  documented  costs
associated  therewith.  IN  THE EVENT THAT A PROVIDER DISCONTINUES THEIR
PRACTICE, THE PROVIDER MAY NOT IMPOSE  A  CHARGE  FOR  COPYING  FOR  THE
PURPOSES OF TRANSFERRING PATIENT RECORDS TO A NEW PROVIDER. However, the
reasonable  charge  for paper copies shall not exceed seventy-five cents
per page. A qualified person shall  not  be  denied  access  to  patient
information solely because of inability to pay.
  S 2. This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08140-01-9

2009-A4866A (ACTIVE) - Details

Current Committee:
Assembly Health
Law Section:
Public Health Law
Laws Affected:
Amd §18, Pub Health L

2009-A4866A (ACTIVE) - Summary

Prohibits health care providers who discontinue their practice from charging for the transfer of patient records.

2009-A4866A (ACTIVE) - Sponsor Memo

2009-A4866A (ACTIVE) - Bill Text download pdf 

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

                                 4866--A

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 6, 2009
                               ___________

Introduced by M. of A. ALESSI -- Multi-Sponsored by -- M. of A. BENEDET-
  TO,  CLARK,  DESTITO,  DINOWITZ,  ENGLEBRIGHT,  FIELDS,  HYER-SPENCER,
  JAFFEE, JOHN, LATIMER, McENENY, ORTIZ, J. RIVERA, SWEENEY,  WEISENBERG
  -- read once and referred to the Committee on Health -- recommitted to
  the  Committee on Health in accordance with Assembly Rule 3, sec. 2 --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

AN ACT to amend the public health law, in relation to prohibiting health
  care  providers  who  discontinue their practice from charging for the
  transfer of patient records

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

  Section  1. Paragraph (e) of subdivision 2 of section 18 of the public
health law, as amended by chapter 576 of the laws of 1998, is amended to
read as follows:
  (e) The provider may impose a reasonable charge  for  all  inspections
and copies, not exceeding the costs incurred by such provider, provided,
however, that a provider may not impose a charge for copying an original
mammogram  when  the original has been furnished to any qualified person
and provided, further, that any charge for furnishing an original mammo-
gram pursuant to this section shall  not  exceed  the  documented  costs
associated  therewith.  IN  THE EVENT THAT A PROVIDER DISCONTINUES THEIR
PRACTICE, OR IS REQUIRED TO DISCONTINUE THEIR PRACTICE  UNDER  PARAGRAPH
(H)  OF  SUBDIVISION  TEN OF SECTION TWO HUNDRED THIRTY OF THIS CHAPTER,
THE PROVIDER MAY NOT IMPOSE A CHARGE FOR COPYING  FOR  THE  PURPOSES  OF
TRANSFERRING  PATIENT RECORDS TO A NEW PROVIDER. However, the reasonable
charge for paper copies shall not exceed seventy-five cents per page.  A
qualified person shall not be denied access to patient information sole-
ly because of inability to pay.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08140-02-0

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