Assembly Bill A6675

2015-2016 Legislative Session

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

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Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2015-A6675 (ACTIVE) - Details

Current Committee:
Assembly Health
Law Section:
Education Law
Laws Affected:
Amd §6530, Ed L; add §18-b, Pub Health L
Versions Introduced in Other Legislative Sessions:
2013-2014: A8080
2017-2018: A6847
2019-2020: A2349

2015-A6675 (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.

2015-A6675 (ACTIVE) - Bill Text download pdf

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

                                  6675

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             March 30, 2015
                               ___________

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

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
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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03765-01-5
              

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