senate Bill S4174B

2013-2014 Legislative Session

Relates to requirements for the transfer of patient medical records in certain circumstances

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 15, 2014 print number 4174c
amend and recommit to higher education
May 12, 2014 print number 4174b
amend and recommit to higher education
Jan 08, 2014 referred to higher education
returned to senate
died in assembly
Jun 21, 2013 referred to health
delivered to assembly
passed senate
Jun 13, 2013 amended on third reading 4174a
Jun 11, 2013 ordered to third reading cal.1273
committee discharged and committed to rules
May 21, 2013 reported and committed to finance
Mar 12, 2013 referred to higher education

Bill Amendments

Original
A
B
C (Active)
Original
A
B
C (Active)

Co-Sponsors

S4174 - Bill Details

Current Committee:
Law Section:
Education Law
Laws Affected:
Amd §6530, Ed L; add §18-b, Pub Health L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S2215
2009-2010: S2188

S4174 - Bill Texts

view summary

Requires a health care provider or facility which has determined to cease to do business or which is transferring its ownership, at least sixty days prior to such action, notify the commissioner of health of its intent and shall provide a copy of its plan for transfer of patient records to another provider, facility or practitioner; if the determination to cease to do business or practice in this state resulted from illness, injury, or death, the commissioner shall work with the provider or his or her representative to facilitate notification and transfer records within one hundred sixty days after such notification.

view sponsor memo
BILL NUMBER:S4174

TITLE OF BILL: An act to amend the education law and the public
health law, in relation to the transfer of patient medical records in
certain circumstances

PURPOSE: This bill establishes requirement for orderly transfer of
medical records, if a physician closes an office, makes it clear that
failure to comply with law regarding patient access to his or her own
records is misconduct, and allows the health commissioner to take
emergency action to require new tests if the failure to release
records timely poses a health threat to individual patients.

SUMMARY OF PROVISIONS:

Section one amends the Education Law section 6530 subdivision 40 to
include within the definition of professional misconduct the failure
to provide access to patient information in accordance with the
standards set forth in Public Health Law section 17. Additionally, the
reference to Public Health Law section 18 is clarified.

Section two amends the Public Health Law by adding a new section 18-b.
Subsection 1 provides that when a health care provider, facility, or
practitioner which has possession of patient information has decided
to cease to exist, transfer ownership, or interrupt services for a
permanent or extended period of time shall notify the Commissioner of
the Department of Health of its intent to cease to exist, transfer
ownership or interrupt services. Such notification shall be made at
least 60 days before the cessation, transfer, or interruption and
include a plan for the transfer of the patient records to the patient
or another health care provider, facility, or practitioner. The
Commissioner shall prescribe the form for the plan, requirements for
the transfer and notification requirements.

Subsection 2 provides that if the Commissioner determines that the
failure to timely release an individual's medical records caused or
may cause a threat to the individual and more than 6 months have
elapsed since a prior screening or test, the Commissioner may order
that new tests be performed by a practitioner chosen or approved by
the Commissioner. To expedite the tests, the Commissioner may
authorize payment for such tests from any account under the control of
the Department and assess the health care provider, facility or
practitioner who failed to timely provide access to the individual's
records.

Section three provides that this act shall take effect immediately.

EXISTING LAW: Under current law, health care providers, facilities,
and practitioners that decide to cease operations, transfer ownership,
or interrupt services for a prolonged period of time are not required
to notify the Commissioner of the Department of Health of either their
intentions or to whom the patient records in their possession will be
transferred.

JUSTIFICATION: The bill closes a loophole to provide for continuous
custody of medical records. We have unfortunately seen situations in


which a provider determines to cease operations and fails to either
provide for appropriate transfer of records or to give the records to
patients who have asked for them. Additionally, there is no provision
in law to allow for new tests in a situation where a patient's records
cease to be relevant to the patient's health care situation because
they were either not timely or properly transferred.

Numerous other States, including California, Massachusetts, New
Jersey, Pennsylvania, and Wisconsin statutorily provide for the
transfer and/or preservation of patient medical records in situations
where a health care provider, facility, or practitioner ceases
operations. The majority of the remaining States have administratively
prescribed rules for the transfer and/or preservation of medical
records in these situations. To protect the health and welfare of New
Yorkers, New York should join the States that provide protection to
patient medical records by statutorily requiring their proper
transfer.

LEGISLATIVE HISTORY: 2011-2: S.2215 - Referred to Higher Education
both years 2009-10: S.2188 - Referred to Higher Education both years
2008: S.6638 - Referred to Higher Education

FISCAL IMPLICATIONS: It is not anticipated that this legislation will
have any significant fiscal impact on the State

EFFECTIVE DATE: This act shall take effect immediately.

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

                                  4174

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             March 12, 2013
                               ___________

Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Higher Education

AN ACT to amend the education law and the public health law, in relation
  to the transfer of patient medical records in certain circumstances

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

  Section  1.  Subdivision  40  of section 6530 of the education law, as
added by chapter 606 of the laws of 1991, is amended to read as follows:
  40. Failing to provide access by qualified persons to patient informa-
tion in accordance with the standards set forth  in  [section]  SECTIONS
SEVENTEEN  AND  eighteen of the public health law, SUCH SECTION EIGHTEEN
as added by chapter [497] FOUR  HUNDRED  NINETY-SEVEN  of  the  laws  of
[1986] NINETEEN HUNDRED EIGHTY-SIX;
  S  2. The public health law is amended by adding a new section 18-b to
read as follows:
  S 18-B. REQUIREMENT FOR TRANSFER OF  INFORMATION.  1.  A  HEALTH  CARE
PROVIDER,  HEALTH  CARE  FACILITY,  OR HEALTH CARE PRACTITIONER, AS SUCH
TERMS ARE DEFINED IN SECTION EIGHTEEN OF THIS ARTICLE, WHICH HAS IN  ITS
POSSESSION  PATIENT INFORMATION AS SUCH TERM IS DEFINED IN SUCH SECTION,
AND WHICH HAS DETERMINED TO CEASE TO DO  BUSINESS  OR  WHICH  IS  TRANS-
FERRING  ITS  OWNERSHIP  OR  OTHERWISE  INTERRUPTING  ITS SERVICES FOR A
PERMANENT OR EXTENDED PERIOD SHALL, AT LEAST SIXTY DAYS  PRIOR  TO  SUCH
ACTION,  NOTIFY  THE COMMISSIONER OF ITS INTENT AND SHALL PROVIDE A COPY
OF ITS PLAN FOR TRANSFER OF PATIENT RECORDS TO ANOTHER PROVIDER, FACILI-
TY, PRACTITIONER OR PATIENT, AS REQUESTED OR REQUIRED PURSUANT  TO  LAW.
THE COMMISSIONER SHALL PRESCRIBE THE FORM OF SUCH PLAN, THE REQUIREMENTS
FOR TRANSFER, AND THE MANNER OF REQUIRED NOTIFICATION.
  2.  IF  THE  COMMISSIONER SHALL DETERMINE THAT THE FAILURE OF ANY SUCH
HEALTH CARE PROVIDER, HEALTH CARE FACILITY, OR HEALTH CARE  PRACTITIONER
TO  TIMELY  RELEASE  MEDICAL  RECORDS  PURSUANT TO SECTIONS SEVENTEEN OR
EIGHTEEN OF THIS TITLE, SUCH SECTION EIGHTEEN AS ADDED BY  CHAPTER  FOUR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01923-02-3

S. 4174                             2

HUNDRED  NINETY-SEVEN  OF THE LAWS OF NINETEEN HUNDRED EIGHTY-SIX, SHALL
HAVE CAUSED OR MAY CAUSE A THREAT TO THE HEALTH OF THE  INDIVIDUALS  WHO
ARE  THE  SUBJECT  OF  SUCH  RECORDS,  BECAUSE  MORE THAN SIX MONTHS HAS
ELAPSED  SINCE A PRIOR SCREENING OR TEST, THE COMMISSIONER MAY ORDER NEW
TESTS TO BE PERFORMED BY  A  PRACTITIONER  CHOSEN  OR  APPROVED  BY  THE
COMMISSIONER.  IN  ORDER  TO  EXPEDITE  SUCH TESTS, THE COMMISSIONER MAY
ORDER PAYMENT FOR SUCH TESTS FROM ANY ACCOUNT UNDER THE CONTROL  OF  THE
DEPARTMENT,  AND SHALL ASSESS ANY SUCH HEALTH CARE PROVIDER, HEALTH CARE
FACILITY, OR HEALTH CARE  PRACTITIONER  WHO  FAILED  TO  TIMELY  RELEASE
MEDICAL RECORDS FOR THE EXPENSES.
  S 3. This act shall take effect immediately.

Co-Sponsors

S4174A - Bill Details

Current Committee:
Law Section:
Education Law
Laws Affected:
Amd §6530, Ed L; add §18-b, Pub Health L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S2215
2009-2010: S2188

S4174A - Bill Texts

view summary

Requires a health care provider or facility which has determined to cease to do business or which is transferring its ownership, at least sixty days prior to such action, notify the commissioner of health of its intent and shall provide a copy of its plan for transfer of patient records to another provider, facility or practitioner; if the determination to cease to do business or practice in this state resulted from illness, injury, or death, the commissioner shall work with the provider or his or her representative to facilitate notification and transfer records within one hundred sixty days after such notification.

view sponsor memo
BILL NUMBER:S4174A

TITLE OF BILL: An act to amend the education law and the public
health law, in relation to the transfer of patient medical records in
certain circumstances

PURPOSE: This bill establishes requirement for orderly transfer of
medical records, if a physician closes an office, makes it clear that
failure to comply with law regarding patient access to his or her own
records is misconduct, and allows the health commissioner to take
emergency action to require new tests if the failure to release
records timely poses a health threat to individual patients.

SUMMARY OF PROVISIONS:

Section one amends the Education Law section 6530(4) to include within
the definition of professional misconduct the failure to provide
access to patient information in accordance with the standards set
forth in Public Health Law section 17. Additionally, the reference to
Public Health Law section 18 is clarified.

Section two amends the Public Health Law by adding a new section 18-b.
Subsection y provides that when a health care Provider, facility, or
practitioner that has possession of patient information has decided to
cease to exist or cease to engage in the practice of medicine, the
health care provider, facility, or practitioner shall notify the
Commissioner of the Department of Health of its intent to cease to
exist or cease to practice medicine. Such notification shall be made
at least 60 days before the cessation and include a plan for the
transfer of the patient records to the patient or another health care
provider, facility, or practitioner. The Commissioner shall prescribe
the form for the plan, requirements for the transfer and notification
requirements. The prescribed requirements must include a maximum time
period for the transfer and provisions for the transfer of the
patient's records to the patient when such transfer is requested.

Subsection 2 provides that if the Commissioner determines that the
failure to timely release an individual's medical records caused or
may cause a threat to the individual and more than 6 months have
elapsed since a prior screening or test, the Commissioner may order
that new tests be performed by a practitioner chosen or approved by
the Commissioner. To expedite the tests, the Commissioner may
authorize payment for such test from any account under the control of
the Department and assess the health care provider, facility or
practitioner who failed to timely provide access to the individual's
records.

Section three provides that this act shall take effect immediately.

EXISTING LAW: Currently, the Public Health Law does not require
health care providers, facilities, and practitioners that decide to
cease operations or cease practicing medicine to notify the
Commissioner of the Department of Health of either their intentions or
to whom the patient records in their possession will be transferred.

JUSTIFICATION: The bill closes a loophole to provide for continuous
custody of medical records. We have unfortunately seen situations in


which a provider determines to cease operations and fails to either
provide for appropriate transfer of records or to give the records to
patients who have asked for them. Additionally, there is no provision
in law to allow for new tests in a situation where a patient's records
cease to be relevant to the patient's health care situation because
they were either not timely or properly transferred.

Numerous other States, including California, Massachusetts, New
Jersey, Pennsylvania, and Wisconsin statutorily provide for the
transfer and/or preservation of patient medical records in situations
where a health care provider, facility, or practitioner ceases
operations. The majority of the remaining States have administratively
prescribed rules for the transfer and/or preservation of medical
records in these situations. To protect the health and welfare of New
Yorkers, New York should join the States that provide protection to
patient medical records by statutorily requiring their proper
transfer.

LEGISLATIVE HISTORY: 2011-2: S.2215 - Referred to Higher Education
both years 2009-10: S.2188 - Referred to Higher Education both years
2008: S.6638 - Referred to Higher Education

FISCAL IMPLICATIONS: It is not anticipated that this legislation will
have any significant fiscal impact on the State

EFFECTIVE DATE: This act shall take effect immediately.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4174--A
    Cal. No. 1273

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             March 12, 2013
                               ___________

Introduced  by  Sens.  GOLDEN, RIVERA -- read twice and ordered printed,
  and when printed to be committed to the Committee on Higher  Education
  -- reported favorably from said committee and committed to the Commit-
  tee  on Finance -- committee discharged and said bill committed to the
  Committee on Rules -- ordered to a third reading, amended and  ordered
  reprinted, retaining its place in the order of third reading

AN ACT to amend the education law and the public health law, in relation
  to the transfer of patient medical records in certain circumstances

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

  Section 1. Subdivision 40 of section 6530 of  the  education  law,  as
added by chapter 606 of the laws of 1991, is amended to read as follows:
  40. Failing to provide access by qualified persons to patient informa-
tion  in  accordance  with the standards set forth in [section] SECTIONS
SEVENTEEN AND eighteen of the public health law, SUCH  SECTION  EIGHTEEN
as  added  by  chapter  [497]  FOUR  HUNDRED NINETY-SEVEN of the laws of
[1986] NINETEEN HUNDRED EIGHTY-SIX;
  S 2. The public health law is amended by adding a new section 18-b  to
read as follows:
  S  18-B.  REQUIREMENT  FOR  TRANSFER  OF INFORMATION. 1. A HEALTH CARE
PROVIDER, HEALTH CARE FACILITY, OR HEALTH  CARE  PRACTITIONER,  AS  SUCH
TERMS  ARE DEFINED IN SECTION EIGHTEEN OF THIS TITLE, SUCH SECTION EIGH-
TEEN AS ADDED BY CHAPTER FOUR HUNDRED NINETY-SEVEN OF THE LAWS OF  NINE-
TEEN HUNDRED EIGHTY-SIX, WHICH HAS IN ITS POSSESSION PATIENT INFORMATION
AS  SUCH  TERM  IS  DEFINED IN SUCH SECTION, AND WHICH HAS DETERMINED TO
PERMANENTLY CEASE TO DO BUSINESS OR PRACTICE IN  THIS  STATE  SHALL,  AT
LEAST  SIXTY  DAYS  PRIOR TO SUCH ACTION, NOTIFY THE COMMISSIONER OF ITS
INTENT AND SHALL PROVIDE A COPY OF ITS  PLAN  FOR  TRANSFER  OF  PATIENT
RECORDS  TO  ANOTHER  PROVIDER,  FACILITY,  PRACTITIONER  OR PATIENT, AS
REQUESTED BY THE PATIENT OR REQUIRED PURSUANT TO LAW.  THE  COMMISSIONER
SHALL  PRESCRIBE  THE  FORM OF SUCH PLAN, THE REQUIREMENTS FOR TRANSFER,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01923-03-3

S. 4174--A                          2

AND THE MANNER OF REQUIRED NOTIFICATION, PROVIDED THAT SUCH REQUIREMENTS
SHALL INCLUDE A MAXIMUM PERIOD OF TIME FOR THE COMPLETION OF THE  TRANS-
FER  AND A PLAN FOR RETURNING, UPON REQUEST BY THE PATIENT, SUCH MEDICAL
RECORDS TO THE PATIENT.
  2.  IF  THE  COMMISSIONER SHALL DETERMINE THAT THE FAILURE OF ANY SUCH
HEALTH CARE PROVIDER, HEALTH CARE FACILITY, OR HEALTH CARE  PRACTITIONER
TO TIMELY RELEASE MEDICAL RECORDS PURSUANT TO SECTION SEVENTEEN OR EIGH-
TEEN  OF  THIS  TITLE,  SUCH  SECTION  EIGHTEEN AS ADDED BY CHAPTER FOUR
HUNDRED NINETY-SEVEN OF THE LAWS OF NINETEEN HUNDRED  EIGHTY-SIX,  SHALL
HAVE  CAUSED  OR MAY CAUSE A THREAT TO THE HEALTH OF THE INDIVIDUALS WHO
ARE THE SUBJECT OF SUCH  RECORDS,  BECAUSE  MORE  THAN  SIX  MONTHS  HAS
ELAPSED  SINCE A PRIOR SCREENING OR TEST, THE COMMISSIONER MAY ORDER NEW
TESTS TO BE PERFORMED BY  A  PRACTITIONER  CHOSEN  OR  APPROVED  BY  THE
COMMISSIONER.  IN  ORDER  TO  EXPEDITE  SUCH TESTS, THE COMMISSIONER MAY
ORDER PAYMENT FOR SUCH TESTS FROM ANY ACCOUNT UNDER THE CONTROL  OF  THE
DEPARTMENT,  AND SHALL ASSESS ANY SUCH HEALTH CARE PROVIDER, HEALTH CARE
FACILITY, OR HEALTH CARE  PRACTITIONER  WHO  FAILED  TO  TIMELY  RELEASE
MEDICAL RECORDS FOR THE EXPENSES.
  S 3. This act shall take effect immediately.

Co-Sponsors

S4174B - Bill Details

Current Committee:
Law Section:
Education Law
Laws Affected:
Amd §6530, Ed L; add §18-b, Pub Health L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S2215
2009-2010: S2188

S4174B - Bill Texts

view summary

Requires a health care provider or facility which has determined to cease to do business or which is transferring its ownership, at least sixty days prior to such action, notify the commissioner of health of its intent and shall provide a copy of its plan for transfer of patient records to another provider, facility or practitioner; if the determination to cease to do business or practice in this state resulted from illness, injury, or death, the commissioner shall work with the provider or his or her representative to facilitate notification and transfer records within one hundred sixty days after such notification.

view sponsor memo
BILL NUMBER:S4174B

TITLE OF BILL: An act to amend the education law and the public
health law, in relation to the transfer of patient medical records in
certain circumstances

PURPOSE:

This bill establishes requirement for orderly transfer of medical
records, if a physician closes an office, this bill makes it clear
that failure to comply with law regarding patient access to his or her
own records would be in violation of what is generally accepted
reasonable expectation, an expectation to control the information
about an individual's own health, and in the event a patient is not
granted access to their medical records the health commissioner would
be empowered to take emergency action to require new tests if the
failure to release records timely poses a health threat to individual
patients.

SUMMARY OF PROVISIONS:

Section one amends the Education Law section 6530(4) to include within
the definition of professional misconduct the failure to provide
access to patient information in accordance with the standards set
forth in Public Health Law section 17. Additionally, the reference to
Public Health Law section 18 is clarified.

Section two of the public health law is amended by adding a new
section 18-b.

Subsection one defines the terms "cease to do business in this",
"failure to provide access to medical information or medical records",
healthcare provider", "healthcare facility, "healthcare practitioner",
"patient information" and "patient medical records". Subsection two
provides that when a health care Provider, facility, or practitioner
that has possession of patient information has decided to cease to do
business or practice in this state, the health care provider,
facility, or practitioner shall notify the Commissioner of the
Department of Health of its intent to cease to do business or
practice. Such notification shall be made at least 60 days before the
cessation and include a plan for the transfer of the patient records
to the patient or another health care provider, facility, or
practitioner. The Commissioner shall prescribe the form for the plan,
requirements for the transfer and notification requirements. The
prescribed requirements must include a maximum time period for the
transfer and provisions for the transfer of the patient's records to
the patient when such transfer is requested. The sixty day
notification requirement may be waived if the decision to close is as
a result of illness, injury or death.

Subsection three provides that within 10 days of being notified by a
provider of their intent to cease doing business in this state the
Commissioner shall prescribe the requirements for transfer of patient
medical information and patient medical records, the requirements
shall include a maximum period of time not to exceed sixty days from
the day the health care provider, health care facility or health care
practitioner ceases to do business in the State for the completion of


such transfer to occur. The plan shall also include notification of
patients of the closure of business in the State and the patient's
right to request their patient information or medical records be sent
to the healthcare provider, facility or practitioner of their choice
or returned to the patient. If the decision to cease to do business in
this state was made as a result of illness, injury or death the
provider shall have an additional 60 days to with this provision.

Subsection four provides that nothing in this section shall authorize
the disclosure of patient information or medical records that are
prohibited from disclosure pursuant to law.

Subsection five provides that due to the failure of any health care
provider, facility or practitioner to adhere to the terms of the plan
approved by the commissioner and such failure has caused or may cause
a threat to the health of an individual who is a subject of such
records because six months has passed since a prior laboratory test,
the results of which are contained in the patient's information or
medical records, the commissioner may order new tests to be performed
by a practitioner chosen or approved by the commissioner. The
Commissioner may issue payments for such tests out of any fund under
the purview of the department and may assess any such healthcare
provider, facility or practitioner who failed to release the patient's
information or medical records in accordance with the Commissioner
approved plan for the costs of the replacement laboratory tests. This
subsection defines the term "laboratory tests" for the purpose of this
section.

Subsection six provides that if the commissioner determines that the
healthcare provider, facility, or practitioner willfully and without
good cause or extenuating circumstances failed to adhere to the plan
as approved by the commissioner for the transfer of patient
information or medical records the commissioner may assess a penalty
upon the healthcare provider, facility, or practitioner in an amount
that does not exceed $500 for each failure. The provider, facility, or
practitioner may appeal the assessment to the medical record access
review committees that is designated by the commissioner.

Subsection seven provides that this section shall not affect any
rights afforded pursuant to section 17 or 18 of this title, as section
18 is added by chapter 497 of the laws of 1986.

Subsection eight provides that any assessment made under this section
is in addition to any other assessment or penalty that is authorized
by law.

Subsection nine provides that nothing in this section shall extend the
period of time that a health care provider is required to retain a
patient's medical information and medical records.

Section 3 provides that this act shall take effect immediately.

JUSTIFICATION:

The bill closes a loophole to provide for continuous custody of
medical records. When a patient visits his or her doctor, the patient
is the consumer of the doctor's services and when such a doctor ceases


to continue doing business in New York, his or her patients have a
reasonable expectation the information and medical records that the
doctor has compiled over the course of taking care of the patient will
be available to the patient or be transferred in accordance with the
patient's wishes. We have unfortunately seen situations in which a
provider determines to cease operations and fails to either provide
for appropriate transfer of records or to give the records to patients
who have asked for them. Additionally, there is no provision in law to
allow for new tests in a situation where a patient's records that
contain test results relevant to the patient's health care situation
are available because they were either not timely or properly
transferred.

Numerous other States, including California, Massachusetts, New
Jersey, Pennsylvania, and Wisconsin statutorily provide for the
transfer and/or preservation of patient medical records in situations
where a healthcare provider, facility, or practitioner ceases
operations. The majority of the remaining States have administratively
prescribed rules for the transfer and/or preservation of medical
records in these situations. To protect the health and welfare of New
Yorkers, New York should join the States that provide protection to
patient medical records by statutorily requiring their proper
transfer.

LEGISLATIVE HISTORY:

2013: S. 4174A - Passed Senate; Referred to Assembly Health
2011-2: S.2215 - Referred to Higher Education both years
2009-10: S.2188 - Referred to Higher Education both years
2008: S.6638 - Referred to Higher Education

FISCAL IMPLICATIONS:

It is not anticipated that this legislation will have any significant
fiscal impact on the State

EFFECTIVE DATE:

This act shall take effect immediately.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4174--B

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             March 12, 2013
                               ___________

Introduced  by  Sens.  GOLDEN, RIVERA -- read twice and ordered printed,
  and when printed to be committed to the Committee on Higher  Education
  -- reported favorably from said committee and committed to the Commit-
  tee  on Finance -- committee discharged and said bill committed to the
  Committee on Rules -- ordered to a third reading, amended and  ordered
  reprinted, retaining its place in the order of third reading -- recom-
  mitted  to the Committee on Higher Education in accordance with Senate
  Rule  6,  sec.  8  --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the education law and the public health law, in relation
  to the transfer of patient medical records in certain circumstances

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

  Section 1. Subdivision 40 of section 6530 of  the  education  law,  as
added by chapter 606 of the laws of 1991, is amended to read as follows:
  40. Failing to provide access by qualified persons to patient informa-
tion  in  accordance  with the standards set forth in [section] SECTIONS
SEVENTEEN AND eighteen of the public health law, SUCH  SECTION  EIGHTEEN
as  added  by  chapter  [497]  FOUR  HUNDRED NINETY-SEVEN of the laws of
[1986] NINETEEN HUNDRED EIGHTY-SIX;
  S 2. The public health law is amended by adding a new section 18-b  to
read as follows:
  S  18-B. REQUIREMENT FOR TRANSFER OF INFORMATION. 1.  DEFINITIONS. FOR
THE PURPOSES OF THIS SECTION THE FOLLOWING TERMS SHALL HAVE THE  FOLLOW-
ING MEANINGS:
  (A)  "CEASE  TO DO BUSINESS IN THIS STATE" SHALL MEAN ANY CASE WHERE A
HEALTH CARE PROVIDER WHO HAS ENGAGED IN AN ON-GOING PRACTICE OR BUSINESS
WITHIN THIS STATE AS A HEALTH CARE PROVIDER, CEASES TO  ENGAGE  IN  SUCH
BUSINESS,  PROVIDED  HOWEVER,  THAT THIS TERM SHALL NOT INCLUDE A HEALTH
CARE PRACTITIONER WHOSE PRACTICE IS MERGED, CONSOLIDATED,  COMBINED,  OR
ACQUIRED  BY  ANOTHER  HEALTH  CARE  PROVIDER AND HE OR SHE CONTINUES TO

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01923-17-4

S. 4174--B                          2

PROVIDE SERVICES INCLUDING  MEDICAL  CARE,  DIAGNOSIS  OR  TREATMENT  TO
PATIENTS  AS  AN  EMPLOYEE,  CONTRACTOR, OR OWNER OF THE MERGED, CONSOL-
IDATED, COMBINED, OR ACQUIRING HEALTH CARE PROVIDER.
  (B)  "FAILURE  TO  PROVIDE  ACCESS  TO  MEDICAL INFORMATION OR MEDICAL
RECORDS" SHALL MEAN ANY  CIRCUMSTANCE  WHERE  A  HEALTH  CARE  PROVIDER,
HEALTH  CARE  FACILITY  OR  HEALTH  CARE PRACTITIONER, AS SUCH TERMS ARE
DEFINED IN SECTION EIGHTEEN OF THIS  TITLE,  SUCH  SECTION  EIGHTEEN  AS
ADDED  BY  CHAPTER  FOUR  HUNDRED  NINETY-SEVEN  OF THE LAWS OF NINETEEN
HUNDRED EIGHTY-SIX, THAT IS PLANNING TO CEASE  TO  DO  BUSINESS  IN  THE
STATE  AND  FAILS TO ACT IN ACCORDANCE TO THE REQUIREMENTS PRESCRIBED BY
THE COMMISSIONER FOR TRANSFER OF PATIENT INFORMATION  AS  SUCH  TERM  IS
DEFINED  IN  SUCH  SECTION  EIGHTEEN  OF  THIS  TITLE OR PATIENT MEDICAL
RECORDS AS DESCRIBED IN SECTION SEVENTEEN OF THIS TITLE.
  (C) "HEALTH CARE PROVIDER," "HEALTH CARE FACILITY," AND  "HEALTH  CARE
PRACTITIONER" SHALL HAVE THE SAME MEANING AS IN SECTION EIGHTEEN OF THIS
TITLE,  AS  ADDED  BY  CHAPTER  FOUR HUNDRED NINETY-SEVEN OF THE LAWS OF
NINETEEN HUNDRED EIGHTY-SIX.
  (D) "PATIENT INFORMATION" SHALL HAVE THE SAME MEANING  AS  IN  SECTION
EIGHTEEN OF THIS TITLE, AS ADDED BY CHAPTER FOUR HUNDRED NINETY-SEVEN OF
THE LAWS OF NINETEEN HUNDRED EIGHTY-SIX.
  (E)  "PATIENT MEDICAL RECORDS" SHALL MEAN THE RECORDS THAT, UPON WRIT-
TEN REQUEST BY A 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, ARE REQUIRED TO BE PROVIDED  TO  A
PHYSICIAN OR HOSPITAL PURSUANT TO SECTION SEVENTEEN OF THIS TITLE.
  2. A HEALTH CARE PROVIDER WHICH HAS IN ITS POSSESSION PATIENT INFORMA-
TION  OR PATIENT MEDICAL RECORDS AND WHICH HAS DETERMINED TO PERMANENTLY
CEASE TO DO BUSINESS OR PRACTICE IN THIS STATE  SHALL,  AT  LEAST  SIXTY
DAYS  PRIOR  TO  SUCH  ACTION,  NOTIFY THE COMMISSIONER OF ITS INTENT TO
CEASE OPERATIONS IN THIS STATE, IN THE FORM AND MANNER PRESCRIBED BY THE
COMMISSIONER, AND SHALL PROVIDE A COPY OF ITS  PLAN,  IN  THE  FORM  AND
MANNER  PRESCRIBED BY THE COMMISSIONER, FOR TRANSFER OF PATIENT INFORMA-
TION OR PATIENT MEDICAL RECORDS TO ANOTHER PROVIDER,  FACILITY,  PRACTI-
TIONER  OR  PATIENT, AS REQUESTED BY THE PATIENT OR REQUIRED PURSUANT TO
LAW.  THE SIXTY DAY REQUIREMENT FOR  NOTIFICATION  TO  THE  COMMISSIONER
SHALL  BE  WAIVED  IF  A  HEALTH CARE PROVIDER DETERMINES TO CEASE TO DO
BUSINESS OR PRACTICE IN THIS STATE AS A RESULT  OF  ILLNESS,  INJURY  OR
DEATH.
  3.  WITHIN TEN DAYS OF BEING NOTIFIED BY A HEALTH CARE PROVIDER OF THE
PROVIDER'S  DETERMINATION  TO  CEASE  TO DO BUSINESS OR PRACTICE IN THIS
STATE, THE COMMISSIONER SHALL PRESCRIBE THE REQUIREMENTS FOR TRANSFER OF
PATIENT INFORMATION AND PATIENT  MEDICAL  RECORDS,  PROVIDED  THAT  SUCH
REQUIREMENTS  SHALL  INCLUDE (A) A MAXIMUM PERIOD OF TIME, NOT TO EXCEED
SIXTY DAYS FROM THE DATE THAT THE  HEALTH  CARE  PROVIDER,  HEALTH  CARE
FACILITY  OR  HEALTH CARE PRACTITIONER CEASES TO PRACTICE TO DO BUSINESS
IN THIS STATE, FOR THE COMPLETION OF THE TRANSFER, AND (B)  A  PLAN  FOR
NOTIFYING  PATIENTS OF THE CLOSURE OR CESSATION OF DOING BUSINESS IN NEW
YORK AND INFORMING SUCH PATIENTS OF THEIR RIGHT TO REQUEST THEIR PATIENT
INFORMATION OR PATIENT MEDICAL  RECORDS  BE  SENT  TO  THE  HEALTH  CARE
PROVIDER, HEALTH CARE FACILITY OR HEALTH CARE PRACTITIONER OF HIS OR HER
CHOICE  OR  RETURNED TO THEMSELVES.  IF THE DETERMINATION TO CEASE TO DO
BUSINESS OR PRACTICE IN THIS STATE WAS MADE  AS  A  RESULT  OF  ILLNESS,
INJURY  OR DEATH THE HEALTH CARE PROVIDER SHALL HAVE AN ADDITIONAL SIXTY
DAYS TO COMPLY WITH THE PROVISIONS OF THIS SECTION.

S. 4174--B                          3

  4.  NOTHING IN THIS SECTION SHALL AUTHORIZE THE DISCLOSURE OF  PATIENT
INFORMATION  OR PATIENT MEDICAL RECORDS THAT ARE PROHIBITED FROM DISCLO-
SURE PURSUANT TO LAW.
  5.  IF THE COMMISSIONER SHALL DETERMINE THAT THE FAILURE OF ANY HEALTH
CARE PROVIDER, HEALTH CARE FACILITY,  OR  HEALTH  CARE  PRACTITIONER  TO
ADHERE  TO  THE  TERMS OF THE PLAN THAT HAS BEEN APPROVED BY THE COMMIS-
SIONER FOR THE  TRANSFER  OF  PATIENT  INFORMATION  OR  PATIENT  MEDICAL
RECORDS  AND SUCH FAILURE SHALL HAVE CAUSED OR MAY CAUSE A THREAT TO THE
HEALTH OF AN INDIVIDUAL PATIENT WHO IS THE SUBJECT OF  SUCH  INFORMATION
OR  MEDICAL  RECORDS  BECAUSE  MORE  THAN SIX MONTHS HAS ELAPSED SINCE A
PRIOR LABORATORY TEST,  THE  RESULTS  OF  WHICH  ARE  CONTAINED  IN  THE
PATIENT'S INFORMATION OR MEDICAL RECORDS, THE COMMISSIONER MAY ORDER NEW
LABORATORY TESTS TO BE PERFORMED BY A PRACTITIONER CHOSEN OR APPROVED BY
THE  COMMISSIONER.  IN  ORDER  TO  EXPEDITE  SUCH  LABORATORY TESTS, THE
COMMISSIONER MAY ORDER  PAYMENT  FOR  SUCH  LABORATORY  TESTS  FROM  ANY
ACCOUNT  UNDER  THE CONTROL OF THE DEPARTMENT, AND SHALL ASSESS ANY SUCH
HEALTH CARE PROVIDER, HEALTH CARE FACILITY, OR HEALTH CARE  PRACTITIONER
WHO  FAILED  TO  RELEASE  THE PATIENT'S INFORMATION OR PATIENT'S MEDICAL
RECORDS IN ACCORDANCE WITH THE PLAN APPROVED BY THE COMMISSIONER FOR THE
EXPENSES ASSOCIATED WITH  THE  COST  OF  SUCH  LABORATORY  TESTS.    FOR
PURPOSES OF THIS SUBDIVISION, THE TERM "LABORATORY TESTS" SHALL INCLUDE,
BUT  NOT  BE LIMITED TO, TESTS AND EXAMINATIONS ADMINISTERED IN CLINICAL
LABORATORIES OR BLOOD BANKS AS THOSE TERMS ARE DEFINED IN  SECTION  FIVE
HUNDRED SEVENTY-ONE OF THIS CHAPTER.
  6.  IF  THE  COMMISSIONER SHALL DETERMINE THAT A HEALTH CARE PROVIDER,
HEALTH CARE FACILITY OR HEALTH  CARE  PRACTITIONER  HAS  WILLFULLY,  AND
WITHOUT  GOOD  CAUSE, FAILED TO ADHERE TO THE TERMS OF THE PLAN THAT HAS
BEEN APPROVED BY THE COMMISSIONER FOR THE TRANSFER OF  PATIENT  INFORMA-
TION  OR  PATIENT MEDICAL RECORDS, THE COMMISSIONER MAY ASSESS A PENALTY
NOT TO EXCEED FIVE HUNDRED DOLLARS FOR EACH OF THE FIRST TWENTY FAILURES
AND TWO HUNDRED FIFTY DOLLARS FOR EACH ADDITIONAL FAILURE THEREAFTER BUT
ANY PROVIDER, FACILITY OR PRACTITIONER SHALL NOT BE ASSESSED  A  PENALTY
UNDER  THIS  SUBDIVISION  OF  MORE  THAN  THIRTY  THOUSAND DOLLARS.   AN
AGGRIEVED PROVIDER, FACILITY OR PRACTITIONER MAY APPEAL SUCH  ASSESSMENT
TO THE MEDICAL RECORD ACCESS REVIEW COMMITTEES DESIGNATED BY THE COMMIS-
SIONER  PURSUANT  TO SUBDIVISION FOUR OF SECTION EIGHTEEN OF THIS TITLE,
SUCH SECTION AS ADDED BY CHAPTER FOUR HUNDRED NINETY-SEVEN OF  THE  LAWS
OF NINETEEN HUNDRED EIGHTY-SIX.
  7. THE PROVISIONS OF THIS SECTION SHALL NOT AFFECT ANY RIGHTS AFFORDED
PURSUANT  TO  SECTION  SEVENTEEN OR SECTION EIGHTEEN OF THIS TITLE, SUCH
SECTION EIGHTEEN AS ADDED BY CHAPTER FOUR HUNDRED  NINETY-SEVEN  OF  THE
LAWS OF NINETEEN HUNDRED EIGHTY-SIX.
  8.  ANY  ASSESSMENT MADE PURSUANT TO THIS SECTION SHALL BE IN ADDITION
TO ANY OTHER ASSESSMENT OR PENALTY THAT IS AUTHORIZED BY LAW.
  9. NOTHING IN THIS SECTION SHALL AFFECT OR EXTEND THE PERIOD  OF  TIME
THAT  A  HEALTH  CARE PROVIDER IS REQUIRED TO RETAIN A PATIENT'S MEDICAL
INFORMATION AND MEDICAL RECORDS.
  S 3. This act shall take effect immediately.

Co-Sponsors

S4174C (ACTIVE) - Bill Details

Current Committee:
Law Section:
Education Law
Laws Affected:
Amd §6530, Ed L; add §18-b, Pub Health L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S2215
2009-2010: S2188

S4174C (ACTIVE) - Bill Texts

view summary

Requires a health care provider or facility which has determined to cease to do business or which is transferring its ownership, at least sixty days prior to such action, notify the commissioner of health of its intent and shall provide a copy of its plan for transfer of patient records to another provider, facility or practitioner; if the determination to cease to do business or practice in this state resulted from illness, injury, or death, the commissioner shall work with the provider or his or her representative to facilitate notification and transfer records within one hundred sixty days after such notification.

view sponsor memo
BILL NUMBER:S4174C

TITLE OF BILL: An act to amend the education law and the public
health law, in relation to the transfer of patient medical records in
certain circumstances

PURPOSE:

This bill establishes requirement for orderly transfer of medical
records, if a physician closes an office, this bill makes it clear
that failure to comply with law regarding patient access to his or her
own records would be in violation of what is generally accepted
reasonable expectation, an expectation to control the information
about an individual's own health, and in the event a patient is not
granted access to their medical records the health commissioner would
be empowered to take emergency action to require new tests if the
failure to release records timely poses a health threat to individual
patients.

SUMMARY OF PROVISIONS:

Section one amends the Education Law section 6530(4) to include within
the definition of professional misconduct the failure to provide
access to patient information in accordance with the standards set
forth in Public Health Law section 17. Additionally, the reference to
Public Health Law section 18 is clarified.

Section two of the public health law is amended by adding a new
section 18-b.

Subsection one defines the terms "cease to do business in this",
"failure to provide access to medical information or medical records",
healthcare provider", "healthcare facility, "healthcare practitioner",
"patient information" and "patient medical records".Subsection two
provides that when a health care Provider, facility, or practitioner
that has possession of patient information has decided to cease to do
business or practice in this state, the health care provider,
facility, or practitioner shall notify the Commissioner of the
Department of Health of its intent to cease to do business or
practice. Such notification shall be made at least 60 days before the
cessation and include a plan for the transfer of the patient records
to the patient or another health care provider, facility, or
practitioner. The Commissioner shall prescribe the form for the plan,
requirements for the transfer and notification requirements. The
prescribed requirements must include a maximum time period for the
transfer and provisions for the transfer of the patient's records to
the patient when such transfer is requested. The sixty day
notification requirement may be waived if the decision to close is as
a result of illness, injury or death.

Subsection three provides that within 10 days of being notified by a
provider of their intent to cease doing business in this state the
Commissioner shall prescribe the requirements for transfer of patient
medical information and patient medical records, the requirements
shall include a maximum period of time not to exceed sixty days from
the day the health care provider, health care facility or health care
practitioner ceases to do business in the State for the completion of


such transfer to occur. The plan shall also include notification of
patients of the closure of business in the State and the patient's
right to request their patient information or medical records be sent
to the healthcare provider, facility or practitioner of their choice
or returned to the patient. If the decision to cease to do business in
this state was made as a result of illness, injury or death the
Commissioner shall work with the healthcare provider or where
appropriate his or her representative to ensure hat the records are
transferred within one hundred and sixty days of the Commissioner
being notified of the decision to cease to do business or practice in
this state. shall have an additional 60 days to with this provision.

Subsection four provides that nothing in this section shall authorize
the disclosure of patient information or medical records that are
prohibited from disclosure pursuant to laws.

Subsection five provides that due to the failure of any health care
provider, facility or practitioner to adhere to the terms of the plan
approved by the commissioner and such failure has caused or may cause
a threat to the health of an individual who is a subject of such
records because six months has passed since a prior laboratory test,
the results of which are contained in the patient's information or
medical records, the commissioner may order new tests to be performed
by a practitioner chosen or approved by the commissioner. The
Commissioner may issue payments for such tests out of any fund under
the purview of the department and may assess any such healthcare
provider, facility or practitioner who failed to release the patient's
information or medical records in accordance with the Commissioner
approved plan for the costs of the replacement laboratory tests. This
subsection defines the term "laboratory tests" for the purpose of this
section.

Subsection six provides that if the commissioner determines that the
healthcare provider, facility, or practitioner willfully and without
good cause or extenuating circumstances failed to adhere to the plan
as approved by the commissioner for the transfer of patient
information or medical records the commissioner may assess a penalty
upon the healthcare provider, facility, or practitioner in an amount
that does not exceed $500 for each failure. The provider, facility, or
practitioner may appeal the assessment to the medical record access
review committees that is designated by the commissioner.

Subsection seven provides that this section shall not affect any
rights afforded pursuant to section 17 or 18 of this title, as section
18 is added by chapter 497 of the laws of 1986.

Subsection eight provides, that any assessment made under this section
is in addition to any other assessment or penalty that is authorized
by law.

Subsection nine provides that nothing in this section shall extend the
period of time that a health care provider is required to retain a
patient's medical information and medical records.

Section 3 provides that this act shall take effect immediately.

JUSTIFICATION:


The bill closes a loophole to provide for continuous custody of
medical records. When a patient visits his or her doctor, the patient
is the consumer of the doctor's services and when such a doctor ceases
to continue doing business in New York, his or her patients have a
reasonable expectation the information and medical records that the
doctor has compiled over the course of taking care of the patient will
be available to the patient or be transferred in accordance with the
patient's wishes. We have unfortunately seen situations in which a
provider determines to cease operations and fails to either provide
for appropriate transfer of records or to give the records to patients
who have asked for them. Additionally, there is no provision in law to
allow for new tests in a situation where a patient's records that
contain test results relevant to the patient's health care situation
are available because they were either not timely or properly
transferred.

Numerous other States, including California, Massachusetts, New
Jersey, Pennsylvania, and Wisconsin statutorily provide for the
transfer and/or preservation of patient medical records in situations
where a healthcare provider, facility, or practitioner ceases
operations. The majority of the remaining States have administratively
prescribed rules for the transfer and/or preservation of medical
records in these situations. To protect the health and welfare of New
Yorkers, New York should join the States that provide protection to
patient medical records by statutorily requiring their proper
transfer.

LEGISLATIVE HISTORY:

2013: S. 4174A - Passed Senate; Referred to Assembly Health
2011-2: S.2215 - Referred to Higher Education both years
2009-10: S.2188 - Referred to Higher Education both years
2008: S.6638 - Referred to Higher Education

FISCAL IMPLICATIONS:

It is not anticipated that this legislation will have any significant
fiscal impact on the State

EFFECTIVE DATE:

This act shall take effect immediately.

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

                                 4174--C

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             March 12, 2013
                               ___________

Introduced  by  Sens.  GOLDEN, RIVERA -- read twice and ordered printed,
  and when printed to be committed to the Committee on Higher  Education
  -- reported favorably from said committee and committed to the Commit-
  tee  on Finance -- committee discharged and said bill committed to the
  Committee on Rules -- ordered to a third reading, amended and  ordered
  reprinted, retaining its place in the order of third reading -- recom-
  mitted  to the Committee on Higher Education in accordance with Senate
  Rule  6,  sec.  8  --  committee  discharged,  bill  amended,  ordered
  reprinted  as  amended  and recommitted to said committee -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the education law and the public health law, in relation
  to the transfer of patient medical records in certain circumstances

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

  Section  1.  Subdivision  40  of section 6530 of the education law, as
added by chapter 606 of the laws of 1991, is amended to read as follows:
  40. Failing to provide access by qualified persons to patient informa-
tion in accordance with the standards set forth  in  [section]  SECTIONS
SEVENTEEN  AND  eighteen of the public health law, SUCH SECTION EIGHTEEN
as added by chapter [497] FOUR  HUNDRED  NINETY-SEVEN  of  the  laws  of
[1986] NINETEEN HUNDRED EIGHTY-SIX;
  S  2. The public health law is amended by adding a new section 18-b to
read as follows:
  S 18-B. REQUIREMENT FOR TRANSFER OF INFORMATION. 1.  DEFINITIONS.  FOR
THE  PURPOSES OF THIS SECTION THE FOLLOWING TERMS SHALL HAVE THE FOLLOW-
ING MEANINGS:
  (A) "CEASE TO DO BUSINESS IN THIS STATE" SHALL MEAN ANY CASE  WHERE  A
HEALTH CARE PROVIDER WHO HAS ENGAGED IN AN ON-GOING PRACTICE OR BUSINESS
WITHIN  THIS  STATE  AS A HEALTH CARE PROVIDER, CEASES TO ENGAGE IN SUCH
BUSINESS, PROVIDED HOWEVER, THAT THIS TERM SHALL NOT  INCLUDE  A  HEALTH

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01923-19-4

S. 4174--C                          2

CARE  PRACTITIONER  WHOSE PRACTICE IS MERGED, CONSOLIDATED, COMBINED, OR
ACQUIRED BY ANOTHER HEALTH CARE PROVIDER AND  HE  OR  SHE  CONTINUES  TO
PROVIDE  SERVICES  INCLUDING  MEDICAL  CARE,  DIAGNOSIS  OR TREATMENT TO
PATIENTS  AS  AN  EMPLOYEE,  CONTRACTOR, OR OWNER OF THE MERGED, CONSOL-
IDATED, COMBINED, OR ACQUIRING HEALTH CARE PROVIDER.
  (B) "FAILURE TO PROVIDE  ACCESS  TO  MEDICAL  INFORMATION  OR  MEDICAL
RECORDS"  SHALL  MEAN  ANY  CIRCUMSTANCE  WHERE  A HEALTH CARE PROVIDER,
HEALTH CARE FACILITY OR HEALTH CARE  PRACTITIONER,  AS  SUCH  TERMS  ARE
DEFINED  IN  SECTION  EIGHTEEN  OF  THIS TITLE, SUCH SECTION EIGHTEEN AS
ADDED BY CHAPTER FOUR HUNDRED  NINETY-SEVEN  OF  THE  LAWS  OF  NINETEEN
HUNDRED  EIGHTY-SIX,  THAT  IS  PLANNING  TO CEASE TO DO BUSINESS IN THE
STATE AND FAILS TO ACT IN ACCORDANCE TO THE REQUIREMENTS  PRESCRIBED  BY
THE  COMMISSIONER  FOR  TRANSFER  OF PATIENT INFORMATION AS SUCH TERM IS
DEFINED IN SUCH SECTION  EIGHTEEN  OF  THIS  TITLE  OR  PATIENT  MEDICAL
RECORDS AS DESCRIBED IN SECTION SEVENTEEN OF THIS TITLE.
  (C)  "HEALTH  CARE PROVIDER," "HEALTH CARE FACILITY," AND "HEALTH CARE
PRACTITIONER" SHALL HAVE THE SAME MEANING AS IN SECTION EIGHTEEN OF THIS
TITLE, AS ADDED BY CHAPTER FOUR HUNDRED  NINETY-SEVEN  OF  THE  LAWS  OF
NINETEEN HUNDRED EIGHTY-SIX.
  (D)  "PATIENT  INFORMATION"  SHALL HAVE THE SAME MEANING AS IN SECTION
EIGHTEEN OF THIS TITLE, AS ADDED BY CHAPTER FOUR HUNDRED NINETY-SEVEN OF
THE LAWS OF NINETEEN HUNDRED EIGHTY-SIX.
  (E) "PATIENT MEDICAL RECORDS" SHALL MEAN THE RECORDS THAT, UPON  WRIT-
TEN  REQUEST  BY A 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, ARE REQUIRED TO BE PROVIDED TO A
PHYSICIAN OR HOSPITAL PURSUANT TO SECTION SEVENTEEN OF THIS TITLE.
  2. A HEALTH CARE PROVIDER WHICH HAS IN ITS POSSESSION PATIENT INFORMA-
TION OR PATIENT MEDICAL RECORDS AND WHICH HAS DETERMINED TO  PERMANENTLY
CEASE  TO  DO  BUSINESS  OR PRACTICE IN THIS STATE SHALL, AT LEAST SIXTY
DAYS PRIOR TO SUCH ACTION, NOTIFY THE  COMMISSIONER  OF  ITS  INTENT  TO
CEASE OPERATIONS IN THIS STATE, IN THE FORM AND MANNER PRESCRIBED BY THE
COMMISSIONER,  AND  SHALL  PROVIDE  A  COPY OF ITS PLAN, IN THE FORM AND
MANNER PRESCRIBED BY THE COMMISSIONER, FOR TRANSFER OF PATIENT  INFORMA-
TION  OR  PATIENT MEDICAL RECORDS TO ANOTHER PROVIDER, FACILITY, PRACTI-
TIONER OR PATIENT, AS REQUESTED BY THE PATIENT OR REQUIRED  PURSUANT  TO
LAW.    THE  SIXTY  DAY REQUIREMENT FOR NOTIFICATION TO THE COMMISSIONER
SHALL BE WAIVED IF A HEALTH CARE PROVIDER  DETERMINES  TO  CEASE  TO  DO
BUSINESS  OR  PRACTICE  IN  THIS STATE AS A RESULT OF ILLNESS, INJURY OR
DEATH.
  3.  WITHIN TEN DAYS OF BEING NOTIFIED BY A HEALTH CARE PROVIDER OF THE
PROVIDER'S DETERMINATION TO CEASE TO DO BUSINESS  OR  PRACTICE  IN  THIS
STATE, THE COMMISSIONER SHALL PRESCRIBE THE REQUIREMENTS FOR TRANSFER OF
PATIENT  INFORMATION  AND  PATIENT  MEDICAL  RECORDS, PROVIDED THAT SUCH
REQUIREMENTS SHALL INCLUDE (A) A MAXIMUM PERIOD OF TIME, NOT  TO  EXCEED
SIXTY  DAYS  FROM  THE  DATE  THAT THE HEALTH CARE PROVIDER, HEALTH CARE
FACILITY OR HEALTH CARE PRACTITIONER CEASES TO PRACTICE TO  DO  BUSINESS
IN  THIS  STATE,  FOR THE COMPLETION OF THE TRANSFER, AND (B) A PLAN FOR
NOTIFYING PATIENTS OF THE CLOSURE OR CESSATION OF DOING BUSINESS IN  NEW
YORK AND INFORMING SUCH PATIENTS OF THEIR RIGHT TO REQUEST THEIR PATIENT
INFORMATION  OR  PATIENT  MEDICAL  RECORDS  BE  SENT  TO THE HEALTH CARE
PROVIDER, HEALTH CARE FACILITY OR HEALTH CARE PRACTITIONER OF HIS OR HER
CHOICE OR RETURNED TO THEMSELVES.  IF THE DETERMINATION TO CEASE  TO  DO
BUSINESS  OR  PRACTICE  IN  THIS  STATE WAS MADE AS A RESULT OF ILLNESS,
INJURY OR DEATH THE COMMISSIONER SHALL WORK WITH THE HEALTH CARE PROVID-
ER, OR WHERE APPROPRIATE THE HEALTH CARE PROVIDER'S  REPRESENTATIVE,  TO

S. 4174--C                          3

FACILITATE  NOTICE TO PATIENTS OF THE HEALTH CARE PROVIDER OF HIS OR HER
DECISION TO CEASE TO DO BUSINESS OR  PRACTICE  IN  THIS  STATE  AND  THE
TRANSFER  OF  PATIENT  MEDICAL RECORDS TO THE PATIENT OR THE HEALTH CARE
PROVIDER, HEALTH CARE FACILITY, OR HEALTH CARE PRACTITIONER REQUESTED BY
SUCH PATIENT. THE COMMISSIONER SHALL ENSURE THAT PATIENT MEDICAL RECORDS
ARE  TRANSFERRED  IN  A  TIMELY  MANNER AND SHALL NOT EXCEED ONE HUNDRED
SIXTY DAYS AFTER BEING NOTIFIED OF THE DECISION TO CEASE TO DO  BUSINESS
IN THIS STATE.
  4.   NOTHING IN THIS SECTION SHALL AUTHORIZE THE DISCLOSURE OF PATIENT
INFORMATION OR PATIENT MEDICAL RECORDS THAT ARE PROHIBITED FROM  DISCLO-
SURE PURSUANT TO LAW.
  5.  IF THE COMMISSIONER SHALL DETERMINE THAT THE FAILURE OF ANY HEALTH
CARE PROVIDER, HEALTH CARE FACILITY,  OR  HEALTH  CARE  PRACTITIONER  TO
ADHERE  TO  THE  TERMS OF THE PLAN THAT HAS BEEN APPROVED BY THE COMMIS-
SIONER FOR THE  TRANSFER  OF  PATIENT  INFORMATION  OR  PATIENT  MEDICAL
RECORDS  AND SUCH FAILURE SHALL HAVE CAUSED OR MAY CAUSE A THREAT TO THE
HEALTH OF AN INDIVIDUAL PATIENT WHO IS THE SUBJECT OF  SUCH  INFORMATION
OR  MEDICAL  RECORDS  BECAUSE  MORE  THAN SIX MONTHS HAS ELAPSED SINCE A
PRIOR LABORATORY TEST,  THE  RESULTS  OF  WHICH  ARE  CONTAINED  IN  THE
PATIENT'S INFORMATION OR MEDICAL RECORDS, THE COMMISSIONER MAY ORDER NEW
LABORATORY TESTS TO BE PERFORMED BY A PRACTITIONER CHOSEN OR APPROVED BY
THE  COMMISSIONER.  IN  ORDER  TO  EXPEDITE  SUCH  LABORATORY TESTS, THE
COMMISSIONER MAY ORDER  PAYMENT  FOR  SUCH  LABORATORY  TESTS  FROM  ANY
ACCOUNT  UNDER  THE CONTROL OF THE DEPARTMENT, AND SHALL ASSESS ANY SUCH
HEALTH CARE PROVIDER, HEALTH CARE FACILITY, OR HEALTH CARE  PRACTITIONER
WHO  FAILED  TO  RELEASE  THE PATIENT'S INFORMATION OR PATIENT'S MEDICAL
RECORDS IN ACCORDANCE WITH THE PLAN APPROVED BY THE COMMISSIONER FOR THE
EXPENSES ASSOCIATED WITH  THE  COST  OF  SUCH  LABORATORY  TESTS.    FOR
PURPOSES OF THIS SUBDIVISION, THE TERM "LABORATORY TESTS" SHALL INCLUDE,
BUT  NOT  BE LIMITED TO, TESTS AND EXAMINATIONS ADMINISTERED IN CLINICAL
LABORATORIES OR BLOOD BANKS AS THOSE TERMS ARE DEFINED IN  SECTION  FIVE
HUNDRED SEVENTY-ONE OF THIS CHAPTER.
  6.  IF  THE  COMMISSIONER SHALL DETERMINE THAT A HEALTH CARE PROVIDER,
HEALTH CARE FACILITY OR HEALTH  CARE  PRACTITIONER  HAS  WILLFULLY,  AND
WITHOUT  GOOD  CAUSE, FAILED TO ADHERE TO THE TERMS OF THE PLAN THAT HAS
BEEN APPROVED BY THE COMMISSIONER FOR THE TRANSFER OF  PATIENT  INFORMA-
TION  OR  PATIENT MEDICAL RECORDS, THE COMMISSIONER MAY ASSESS A PENALTY
NOT TO EXCEED FIVE HUNDRED DOLLARS FOR EACH OF THE FIRST TWENTY FAILURES
AND TWO HUNDRED FIFTY DOLLARS FOR EACH ADDITIONAL FAILURE THEREAFTER BUT
ANY PROVIDER, FACILITY OR PRACTITIONER SHALL NOT BE ASSESSED  A  PENALTY
UNDER  THIS  SUBDIVISION  OF  MORE  THAN  THIRTY  THOUSAND DOLLARS.   AN
AGGRIEVED PROVIDER, FACILITY OR PRACTITIONER MAY APPEAL SUCH  ASSESSMENT
TO THE MEDICAL RECORD ACCESS REVIEW COMMITTEES DESIGNATED BY THE COMMIS-
SIONER  PURSUANT  TO SUBDIVISION FOUR OF SECTION EIGHTEEN OF THIS TITLE,
SUCH SECTION AS ADDED BY CHAPTER FOUR HUNDRED NINETY-SEVEN OF  THE  LAWS
OF NINETEEN HUNDRED EIGHTY-SIX.
  7. THE PROVISIONS OF THIS SECTION SHALL NOT AFFECT ANY RIGHTS AFFORDED
PURSUANT  TO  SECTION  SEVENTEEN OR SECTION EIGHTEEN OF THIS TITLE, SUCH
SECTION EIGHTEEN AS ADDED BY CHAPTER FOUR HUNDRED  NINETY-SEVEN  OF  THE
LAWS OF NINETEEN HUNDRED EIGHTY-SIX.
  8.  ANY  ASSESSMENT MADE PURSUANT TO THIS SECTION SHALL BE IN ADDITION
TO ANY OTHER ASSESSMENT OR PENALTY THAT IS AUTHORIZED BY LAW.
  9. NOTHING IN THIS SECTION SHALL AFFECT OR EXTEND THE PERIOD  OF  TIME
THAT  A  HEALTH  CARE PROVIDER IS REQUIRED TO RETAIN A PATIENT'S MEDICAL
INFORMATION AND MEDICAL RECORDS.
  S 3. This act shall take effect immediately.

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