Assembly Bill A5434

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5434
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 9, 2017
                                ___________
 
 Introduced by M. of A. WEPRIN -- Multi-Sponsored by -- M. of A. QUART --
   read once and referred to the Committee on Judiciary
 
 AN  ACT  to  amend the civil practice law and rules, in relation to fees
   charged by medical record custodians for production of records  pursu-
   ant  to  subpoena  duces tecum; and to amend the public health law, in
   relation to access by an adverse party to medical records
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 2306 of the civil practice law and rules is amended
 by adding a new subdivision (c) to read as follows:
   (C)  FEES. NOTWITHSTANDING THE PROVISIONS OF THE PUBLIC HEALTH LAW, NO
 FEE, OTHER THAN THOSE AUTHORIZED BY SUBDIVISION (A) OF  SECTION  TWENTY-
 THREE  HUNDRED  THREE  OF THIS ARTICLE, MAY BE EXACTED OR LEVIED FOR THE
 PRODUCTION OF RECORDS RELATING  TO  THE  CONDITION  OR  TREATMENT  OF  A
 PATIENT.
   §  2.  Section 18 of the public health law, as added by chapter 800 of
 the laws of 1986, is renumbered section 18-b.
   § 3. Paragraph (g) of subdivision 1 of section 18 of the public health
 law, as amended by chapter 634 of the laws of 2004, is amended  to  read
 as follows:
   (g)  "Qualified  person"  means any properly identified subject; OR AN
 ADVERSE PARTY; or a guardian appointed under article eighty-one  of  the
 mental hygiene law; or a parent of an infant; or a guardian of an infant
 appointed under article seventeen of the surrogate's court procedure act
 or  other legally appointed guardian of an infant who may be entitled to
 request access to a clinical record under paragraph (c)  of  subdivision
 two  of  this section; or a distributee of any deceased subject for whom
 no personal representative, as defined in the estates, powers and trusts
 law, has been appointed; or an attorney representing a qualified  person
 or the subject's estate who holds a power of attorney from the qualified
 person  or  the  subject's  estate  explicitly authorizing the holder to
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD09538-01-7

 A. 5434                             2
 
 execute a written request for patient information under this section.  A
 qualified person shall be deemed a "personal representative of the indi-
 vidual"  for  purposes  of  the federal health insurance portability and
 accountability act of 1996 and its implementing regulations.
   §  4.  Subdivision 1 of section 18 of the public health law is amended
 by adding two new paragraphs (j) and (k) to read as follows:
   (J) "ADVERSE PARTY" MEANS A PERSON OR ENTITY WHO MAY HAVE LEGAL FINAN-
 CIAL LIABILITY DUE TO THE SUBJECT'S MEDICAL CONDITION OR  TREATMENT  AND
 INCLUDES  SUCH  PERSON'S  OR  ENTITY'S  REPRESENTATIVE,  INCLUDING THEIR
 ATTORNEY OR INSURANCE COMPANY, WHO MAY HAVE  LEGAL  FINANCIAL  LIABILITY
 DUE TO THE SUBJECT'S MEDICAL CONDITION OR TREATMENT.
   (K) "WRITTEN REQUEST OF ANY QUALIFIED PERSON" MEANS A WRITTEN AUTHORI-
 ZATION  SIGNED AND ACKNOWLEDGED BY THE SUBJECT PERMITTING THE RELEASE OF
 MEDICAL RECORDS OR SUBPOENA DUCES TECUM SERVED BY  OR  ON  BEHALF  OF  A
 QUALIFIED PERSON.
   § 5. Subdivision 8 of section 18 of the public health law, as added by
 chapter 497 of the laws of 1986, is amended to read as follows:
   8.  Challenges  to accuracy. A qualified person, OTHER THAN AN ADVERSE
 PARTY, may challenge the  accuracy  of  information  maintained  in  the
 patient  information  and  may  require  that  a brief written statement
 prepared by him or her concerning the challenged information be inserted
 into the patient information. This statement shall  become  a  permanent
 part  of  the  patient  information  and  shall be released whenever the
 information at issue is released. This subdivision shall apply  only  to
 factual  statements  and  shall  not  include a provider's observations,
 inferences or conclusions.
   A facility may place reasonable restrictions on the time and frequency
 of any challenges to accuracy.
   § 6. This act shall take effect immediately and  shall  apply  to  all
 subpoenas  duces  tecum for production of records relating to the condi-
 tion or treatment of a patient which are served on the effective date of
 this act; and shall further apply to all requests for  patient  informa-
 tion that are pending on the effective date of this act.