S T A T E O F N E W Y O R K
________________________________________________________________________
8077
2017-2018 Regular Sessions
I N A S S E M B L Y
May 25, 2017
___________
Introduced by M. of A. CUSICK -- read once and referred to the Committee
on Health
AN ACT to amend the public health law, in relation to electronic health
records
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Title 1 of article 29-D of the public health law is amended
by adding a new section 2997-f-1 to read as follows:
§ 2997-F-1. ELECTRONIC HEALTH RECORDS. 1. ALL HOSPITALS LICENSED
UNDER ARTICLE TWENTY-EIGHT OF THIS CHAPTER, ALL OFFICE-BASED SURGERY
PRACTICES ACCREDITED PURSUANT TO SECTION TWO HUNDRED THIRTY-D OF THIS
CHAPTER, AND ANY HEALTH CARE PROVIDER LICENSED PURSUANT TO TITLE EIGHT
OF THE EDUCATION LAW WHO OPERATES A PRACTICE WHICH ACCEPTS UNSCHEDULED,
WALK-IN APPOINTMENTS FROM PATIENTS THAT ARE NOT REGULARLY SEEN BY THE
PRACTITIONER AND HAS EXTENDED HOURS OF OPERATION SHALL UTILIZE AND MAIN-
TAIN AN ELECTRONIC HEALTH RECORD SYSTEM THAT CONNECTS TO THE LOCAL
REGIONAL HEALTH INFORMATION ORGANIZATION TO FACILITATE THE EXCHANGE OF
HEALTH INFORMATION.
2. EACH REGIONAL HEALTH INFORMATION ORGANIZATION SHALL ENSURE IT IS
ACCESSIBLE AND CAPABLE OF CONNECTING ALL HOSPITALS AND HEALTH CARE
PROVIDERS UNDER THIS SECTION, AND ANY OTHER HEALTH CARE PROVIDER OR
QUALIFIED HEALTH ENTITY AND THEIR ELECTRONIC HEALTH RECORD VENDORS,
INCLUDING, BUT NOT LIMITED TO, PRIVATE PHYSICIAN PRACTICES AND COUNTY
HEALTH DEPARTMENTS THAT WISH TO CONNECT TO THE REGIONAL HEALTH INFORMA-
TION ORGANIZATION.
3. HEALTH CARE PROVIDERS MAY APPLY FOR ANY FUNDING AVAILABLE FOR
HEALTH INFORMATION TECHNOLOGY AND ELECTRONIC HEALTH RECORD INFRASTRUC-
TURE.
4. THE COMMISSIONER SHALL ESTABLISH A PROCESS BY WHICH THE HEALTH CARE
PROVIDERS COVERED BY THIS SECTION MAY APPLY FOR A WAIVER FROM THE ELEC-
TRONIC HEALTH RECORD REQUIREMENTS IMPOSED BY THIS SECTION DUE TO ECONOM-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02954-01-7
A. 8077 2
IC HARDSHIP, TECHNOLOGICAL LIMITATIONS THAT ARE NOT REASONABLY WITHIN
THE CONTROL OF THE HEALTH CARE PROVIDER, OR OTHER EXCEPTIONAL CIRCUM-
STANCE DEMONSTRATED BY THE HEALTH CARE PROVIDER.
§ 2. This act shall take effect 2 years after it shall have become a
law; provided, however, that, effective immediately the commissioner of
health is authorized to promulgate any rules and regulations necessary
to ensure that regional health care organizations are capable of comply-
ing with the provisions of this act on its effective date.