Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 06, 2016 |
referred to higher education returned to senate died in assembly |
Jun 09, 2015 |
referred to health delivered to assembly passed senate |
Jun 01, 2015 |
ordered to third reading cal.1165 committee discharged and committed to rules |
May 12, 2015 |
reported and committed to health |
Feb 06, 2015 |
referred to higher education |
Senate Bill S3398
2015-2016 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status - In Senate Committee Higher Education 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
Actions
Votes
co-Sponsors
(D, WF) 33rd Senate District
2015-S3398 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A7161
- Current Committee:
- Senate Higher Education
- Law Section:
- Education Law
- Laws Affected:
- Amd §6530, Ed L; add §18-b, Pub Health L
- Versions Introduced in Other Legislative Sessions:
-
2009-2010:
S2188
2011-2012: S2215
2013-2014: S4174, A8080
2017-2018: A6847
2019-2020: A2349
2015-S3398 (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.
2015-S3398 (ACTIVE) - Sponsor Memo
BILL NUMBER:S3398 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: Establishes a requirement for orderly transfer of medical records if a physician ceases to do business in this state or actively practice in this state and empowers the Commissioner to create a plan for the requirements for transfer and access to patient medical records. SUMMARY OF PROVISIONS: Section 1 of this bill amends subdivision 40 of section 6530 of the Education law by including section 17 of the public health law in the provision about misconduct in relation to failing provide access to patient information. Section 2 of this bill amends the Public Health Law by adding a new section 18-b. Subdivision 1 of this new section provides definitions for "permanently cease to do business in this state," "failure to provide access to medical information or medical records," "health care provider, health care facility, and health care practitioner," "patient information," "patient medical records," and "actively
2015-S3398 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 3398 2015-2016 Regular Sessions I N S E N A T E February 6, 2015 ___________ 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. DEFINITIONS. FOR THE PURPOSES OF THIS SECTION THE FOLLOWING TERMS SHALL HAVE THE FOLLOW- ING MEANINGS: (A) "PERMANENTLY CEASE TO DO BUSINESS IN THIS STATE" SHALL MEAN ANY CASE WHERE A HEALTH CARE PROVIDER, HEALTH CARE FACILITY OR HEALTH CARE PRACTITIONER WHO HAS ENGAGED IN AN ON-GOING PRACTICE OR BUSINESS WITHIN THIS STATE, PERMANENTLY 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, HEALTH CARE FACILITY OR HEALTH CARE PRACTITIONER AND HE OR SHE CONTINUES TO PROVIDE SERVICES INCLUDING MEDICAL CARE, DIAGNOSIS OR TREATMENT TO PATIENTS ON A MORE THAN HALF-TIME BASIS AS AN EMPLOYEE, CONTRACTOR, OR OWNER OF THE MERGED, CONSOLIDATED, COMBINED, OR ACQUIRING HEALTH CARE PROVIDER OR HEALTH CARE FACILITY. (B) "FAILURE TO PROVIDE ACCESS TO MEDICAL INFORMATION OR MEDICAL RECORDS" SHALL MEAN ANY CIRCUMSTANCE WHERE A HEALTH CARE PROVIDER, EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03765-03-5
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