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Senate Bill S6112

2011-2012 Legislative Session

Relates to the release of medical records of certain deceased persons to a parent or guardian

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Archive: Last Bill Status - In Senate Committee Health Committee

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2011-S6112 (ACTIVE) - Details

Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Amd ยง17, Pub Health L

2011-S6112 (ACTIVE) - Summary

Requires the release of medical records of deceased minors or persons for whom a guardian has been appointed, to a parent or guardian within ninety days.

2011-S6112 (ACTIVE) - Sponsor Memo

2011-S6112 (ACTIVE) - Bill Text download pdf 

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

                                  6112

                            I N  S E N A T E

                               (PREFILED)

                             January 4, 2012
                               ___________

Introduced  by  Sen. BONACIC -- 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 medical records of
  certain deceased persons

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

  Section  1. Section 17 of the public health law, as amended by chapter
165 of the laws of 1991, the first undesignated paragraph as amended  by
chapter 576 of the laws of 1998, is amended to read as follows:
  S  17.  Release of medical records. 1. Upon the written request of any
competent patient, parent or guardian of an infant, a guardian appointed
pursuant to article eighty-one of the mental hygiene law, or conservator
of a conservatee, an examining,  consulting  or  treating  physician  or
hospital  must  release  and deliver, exclusive of personal notes of the
said physician or hospital, copies of all x-rays,  medical  records  and
test  records  including  all laboratory tests regarding that patient to
any other designated physician or hospital provided, however, that  such
records  concerning  the  treatment  of  an  infant patient for venereal
disease or the performance of an abortion  operation  upon  such  infant
patient  shall not be released or in any manner be made available to the
parent or guardian of such infant, and provided, further, that  original
mammograms, rather than copies thereof, shall be released and delivered.
Either  the  physician  or  hospital  incurring the expense of providing
copies of x-rays, medical records and test records including all labora-
tory tests pursuant to the provisions  of  this  section  may  impose  a
reasonable  charge  to  be paid by the person requesting the release and
deliverance  of  such  records  as  reimbursement  for  such   expenses,
provided,  however,  that  the  physician  or  hospital may not impose a
charge for copying an original mammogram  when  the  original  has  been
released or delivered to any competent patient, parent or guardian of an
infant,  a  guardian  appointed  pursuant  to  article eighty-one of the
mental hygiene law, or a conservator  of  a  conservatee  and  provided,
further,  that  any charge for delivering an original mammogram pursuant

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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