senate Bill S4174B

2013-2014 Legislative Session

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

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee


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

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Actions

view actions (15)
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

Co-Sponsors

S4174 - 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 - 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.

S4174 - Sponsor Memo

S4174 - Bill Text download pdf

                    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

Co-Sponsors

S4174A - 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 - 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.

S4174A - Sponsor Memo

S4174A - Bill 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.

Co-Sponsors

S4174B - 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 - 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.

S4174B - Sponsor Memo

S4174B - Bill 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

Co-Sponsors

S4174C (ACTIVE) - 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) - 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.

S4174C (ACTIVE) - Sponsor Memo

S4174C (ACTIVE) - Bill Text download pdf

                    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

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