Senate Bill S2188

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

                                  2188

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 13, 2009
                               ___________

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 OF HEALTH 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 ARTICLE, SUCH SECTION EIGHTEEN AS ADDED BY

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07828-01-9
              

S. 2188                             2

CHAPTER FOUR HUNDRED NINETY-SEVEN OF THE LAWS OF NINETEEN HUNDRED EIGHT-
Y-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.