S T A T E   O F   N E W   Y O R K
________________________________________________________________________
                                  3861
                       2009-2010 Regular Sessions
                          I N  A S S E M B L Y
                            January 28, 2009
                               ___________
Introduced  by  M.  of  A.  MAYERSOHN  --  read once and referred to the
  Committee on Health
AN ACT to amend the public health law, in relation to patient records
  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:
  Section  1.   The public health law is amended by adding a new section
2807-o to read as follows:
  S 2807-O. PATIENT RECORDS. A HOSPITAL SHALL MAINTAIN  PATIENT  RECORDS
FOR A PERIOD OF NOT LESS THAN TWENTY-FIVE YEARS, PROVIDED A HOSPITAL MAY
PRIOR TO THE END OF SUCH PERIOD DISPOSE OF SUCH RECORDS OF WHICH REPROD-
UCTIONS,  SUBJECT TO REGULATIONS BY THE COMMISSIONER, ARE MAINTAINED AND
MADE ACCESSIBLE. FOR PURPOSES OF THIS SECTION, THE TERM "HOSPITAL" SHALL
MEAN AND INCLUDE A HEALTH MAINTENANCE ORGANIZATION OR SIMILAR  ORGANIZA-
TION, IF SUCH ORGANIZATION ACCEPTS PATIENTS PURSUANT TO A HEALTH CARE OR
INSURANCE  PLAN  PROVIDED  AS A BENEFIT TO EMPLOYEES OF THE STATE OR ANY
POLITICAL SUBDIVISION THEREOF.  SUCH PATIENT RECORDS SHALL  BE  KEPT  IN
PAPER OR ELECTRONIC FORM.
  S 2. This act shall take effect immediately.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04400-01-9