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Senate Bill S6798

2009-2010 Legislative Session

Provides for the notification of patients regarding the availability of medical records

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Archive: Last Bill Status - In Senate Committee Health Committee

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2009-S6798 (ACTIVE) - Details

Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Amd ยง2803, Pub Health L

2009-S6798 (ACTIVE) - Summary

Provides for the notification of patients regarding the availability of medical records.

2009-S6798 (ACTIVE) - Sponsor Memo

2009-S6798 (ACTIVE) - Bill Text download pdf 

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

                                  6798

                            I N  S E N A T E

                            February 8, 2010
                               ___________

Introduced  by  Sens.  HANNON, MAZIARZ, VOLKER -- read twice and ordered
  printed, and when printed to be committed to the Committee on Health

AN ACT to amend the public health law, in relation to patient  notifica-
  tion regarding the availability of medical records

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

  Section 1. Paragraph (g) of subdivision  1  of  section  2803  of  the
public health law, as added by chapter 2 of the laws of 1988, is amended
to read as follows:
  (g)  The  commissioner shall require that every general hospital adopt
and make public an identical statement of the  rights  and  responsibil-
ities  of  patients,  including  a patient complaint and quality of care
review process, a right to an appropriate patient discharge plan and for
patients other than beneficiaries of title XVIII of the  federal  social
security act (medicare) a right to a discharge review in accordance with
section  twenty-eight hundred three-i of this article. SUCH STATEMENT OF
RIGHTS AND RESPONSIBILITIES OF PATIENTS SHALL ALSO INCLUDE  A  STATEMENT
THAT  PATIENTS'  MEDICAL RECORDS ARE AVAILABLE TO PATIENTS FOR SIX YEARS
AT A REASONABLE CHARGE FOR REPRODUCTION AND THAT  A  PATIENT  CANNOT  BE
DENIED  ACCESS  TO  SUCH  RECORDS BECAUSE OF HIS OR HER INABILITY TO PAY
SUCH CHARGE. The form and content of such statement shall be  determined
in  accordance  with  rules  and  regulations adopted by the council and
approved by the commissioner.  A patient who requires continuing  health
care  services  in accordance with such patient's discharge plan may not
be discharged until such services  are  secured  or  determined  by  the
hospital  to be reasonably available to the patient. Each general hospi-
tal shall give a copy of the statement to each patient, or the appointed
personal representative of the patient at or prior to the time of admis-
sion to the general hospital, as long as the patient  or  the  appointed
personal  representative  of the patient receives such notice no earlier
than fourteen days  before  admission.  Such  statement  shall  also  be
conspicuously  posted  by  the  hospital  and  shall  be  a  part of the
patient's admission package. Nothing herein contained shall be construed
to limit any authority vested in the commissioner pursuant to this arti-

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

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