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

                                  9022

                          I N  A S S E M B L Y

                              March 7, 2014
                               ___________

Introduced  by  M.  of  A.  MONTESANO  --  read once and referred to the
  Committee on Health

AN ACT to amend the public health law, in relation to  establishing  the
  reasonable charge for electronic copies of medical records and patient
  information

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

  Section 1. The first undesignated  paragraph  of  section  17  of  the
public  health  law,  as  amended by chapter 576 of the laws of 1998, is
amended to read as follows:
  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 hospi-
tal 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 incur-
ring the expense of providing copies of x-rays, medical records and test
records including all laboratory 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 guar-
dian 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  to  this section shall not exceed the documented costs associ-

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

                                                           LBD14294-01-4

A. 9022                             2

ated therewith. However, the reasonable charge for  paper  copies  shall
not  exceed  seventy-five  cents  per page AND THE REASONABLE CHARGE FOR
COPIES PROVIDED IN AN ELECTRONIC FORMAT SHALL BE THE  LESSER  OF  EITHER
SEVENTY-FIVE  CENTS  PER  PAGE  OR  A  TOTAL OF ONE HUNDRED DOLLARS.   A
release of records under this section shall not be denied solely because
of inability to pay.
  S 2. Paragraph (e) of subdivision 2 of section 18 of the public health
law, as amended by chapter 576 of the laws of 1998, is amended  to  read
as follows:
  (e)  The  provider  may impose a reasonable charge for all inspections
and copies, not exceeding the costs incurred by such provider, provided,
however, that a provider may not impose a charge for copying an original
mammogram when the original has been furnished to any  qualified  person
and provided, further, that any charge for furnishing an original mammo-
gram  pursuant  to  this  section  shall not exceed the documented costs
associated therewith. However, the reasonable charge  for  paper  copies
shall  not  exceed seventy-five cents per page AND THE REASONABLE CHARGE
FOR COPIES PROVIDED IN AN ELECTRONIC  FORMAT  SHALL  BE  THE  LESSER  OF
EITHER SEVENTY-FIVE CENTS PER PAGE OR A TOTAL OF ONE HUNDRED DOLLARS.  A
qualified person shall not be denied access to patient information sole-
ly because of inability to pay.
  S 3. This act shall take effect immediately.