Senate Bill S932

                                 BILL NUMBER:  S932

 TITLE OF BILL :

An act to amend the public health law, in relation to access to
patient information and the transfer of all patient information to the
department of health when a facility is closed by the department


 PURPOSE :

Relates to the transfer of all patient information to the department
of health when a facility is closed by the department

 SUMMARY OF PROVISIONS :
Paragraph (d) of subdivision 2 of Section 18 of the public health law
is amended and new paragraph (d-l) is added to require that upon the
written request of any qualified person, a health care provider must
furnish, within 15 days, a copy of any cancer tests or screenings, or
mammograms requested.

Section 18 of the public health law is amended by adding subdivision
2-a which requires any health care facility that has been closed by
the department for any reason to transfer all patient information to
the department of health.

              

Subdivision 3 of Section 18 of the public health law is amended by
adding new paragraph (j) which allows a qualified individual who does
not receive a response from the provider to request a review of the
denial by the appropriate medical record access review committee.

Section 18 of the public health law is amended by adding new
subdivision 13 which allow a qualified person to bring a private right
of action for damages against a provider or facility that has failed
to respond to the qualified person's request for information.  Damages
include but are not limited to repeat tests or screenings necessary
for care by another health care provider.

 JUSTIFICATION :
In the summer of 2006 the New York State Department of Health closed a
radiology facility in Brooklyn for performing mammograms without a
radiologist on staff to read those tests.  Patients unaware that the
facility was closed went to the location to get their annual
mammograms performed only to find the doors locked.  The facility
closed.  Patients have tried for over 9 months to obtain films and
records for their tests including mammograms and various other scans.
The health care provider disconnected his telephones and only had
sporadic service on his fax line making it nearly impossible for
patients to request their records. Those that have succeeded in making
their requests for records were met with silence.

Agencies such as the Food and Drug Administration, NYS Department of
Health and the NYC Department of Health all have commented that their
actions are limited by current laws. Under current state law a health
care provider is given a reasonable amount of time to provide the
records. In the current matter this reasonable amount of time has
stretched on for months. Patients with questionable mammograms have
had to endure further testing, biopsies and untold anxiety which could
have been alleviated with the simple comparison to past mammograms.

There was no mechanism in place for the orderly distribution of
patient records. Time and time again, patients were promised the
return of their records. Most were met with disappointment. The health
care provider contacted patients to come to various locations in
search of their records. Many went...few received their records.  Most
were sent on a wild goose chase. The few records that were distributed
were done so under the most insecure methods. For one month, the
health care provider designated the superintendent of an apartment
building as his designee to distribute medical records.  Under current
law the NYS Department of Health could not take action.  Therefore, it
is imperative to change the current law to provide for specific time
periods, a secure method of distribution of medical records and
patient reimbursement.

The current law gives patients the right to obtain their medical
records from health care providers. However, it does not provide for a
specific time period by which health care providers must furnish its
records.  This absence of specificity results in ambiguity in the law.
Medical records and films are of utmost importance to patient health
especially in cases of cancer tests where time is of the essence
regarding treatment and care. Therefore, this legislation establishes
specific time periods of 30 days for medical records and 15 days for
records pertaining to cancer testing.

The current law allows patients (qualified individuals) to go before a
medical review board if their request is denied. However, the current
law does not provide for a situation where health care providers
simply ignore the request This legislation cures this problem by
establishing that if a response is not received within the prescribed
time it will be considered a denial allowing the patient to seek
further review of the denial.

The current law does not provide for the timely distribution of
records upon the closure of a medical facility. This results in great
hardship to the patients who must rely on the health care provider of
a closed facility to provide their records. When a facility is closed
patients can not even request the records since telephone numbers and
fax lines are in most cases terminated by the provider. This
legislation allows the NYS Department of Health to take possession of
medical records upon closure of a facility. This would allow patients
to make their requests for records. It would also facilitate the
prompt return of medical records in a secure manner.

The current law does not provide for patients a private right of
action in situation where they can not obtain their records in a
timely manner.  Patient who can not obtain their mammograms face
additional testing including repeat mammograms, sonograms and
biopsies. The stress they face in such a situation is unbearable. This
legislation provides patients with a tool to recover the damages that
the provider has caused by not providing the records in a timely
manner.

 LEGISLATIVE HISTORY :
New Bill.

 FISCAL IMPLICATIONS :
None to the State.

 EFFECTIVE DATE :
This act shall take effect on the one hundred eightieth day after it
shall have become law. Effective immediately, the addition, amendment
and/or repeal of any rule or regulation necessary for the
implementation of this act on its effective date are authorized and
directed to be made and completed on or before such effective date.