S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4120
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 1, 2019
                                ___________
 
 Introduced  by  M. of A. MONTESANO, DiPIETRO, PALUMBO, FINCH, SIMOTAS --
   Multi-Sponsored by -- M. of A. BARCLAY, GIGLIO, THIELE  --  read  once
   and referred to the Committee on Health
 
 AN  ACT  to amend the public health law, in relation to establishing the
   reasonable charge for electronic copies of medical records and patient
   information

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  first  undesignated  paragraph  of section 17 of the
 public health law, as amended by chapter 322 of the  laws  of  2017,  is
 amended to read as follows:
   Upon  the written request of any competent patient, parent or guardian
 of an infant, a guardian appointed pursuant to article eighty-one of the
 mental hygiene law, or  conservator  of  a  conservatee,  an  examining,
 consulting  or  treating physician or hospital must release and deliver,
 exclusive of personal notes of the said physician or hospital, copies of
 all x-rays, medical records and test records  including  all  laboratory
 tests regarding that patient to any other designated physician or hospi-
 tal  provided, however, that such records concerning the treatment of an
 infant patient for venereal disease or the performance  of  an  abortion
 operation  upon  such  infant  patient  shall  not be released or in any
 manner be made available to the parent or guardian of such  infant,  and
 provided, further, that original mammograms, rather than copies thereof,
 shall be released and delivered. Either the physician or hospital incur-
 ring the expense of providing copies of x-rays, medical records and test
 records  including  all  laboratory  tests pursuant to the provisions of
 this section may impose a reasonable charge to be  paid  by  the  person
 requesting  the release and deliverance of such records as reimbursement
 for such expenses, provided, however, that the physician or hospital may
 not impose a charge for copying an original mammogram when the  original
 has been released or delivered to any competent patient, parent or guar-

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

                                                            LBD08265-01-9

 A. 4120                             2
 
 dian  of  an infant, a guardian appointed pursuant to article eighty-one
 of the mental hygiene  law,  or  a  conservator  of  a  conservatee  and
 provided,  further, that any charge for delivering an original mammogram
 pursuant  to  this section shall not exceed the documented costs associ-
 ated therewith. However, the reasonable charge for  paper  copies  shall
 not  exceed  seventy-five  cents  per page AND THE REASONABLE CHARGE FOR
 COPIES PROVIDED IN AN ELECTRONIC FORMAT SHALL BE THE  LESSER  OF  EITHER
 SEVENTY-FIVE  CENTS  PER  PAGE  OR  A  TOTAL OF ONE HUNDRED DOLLARS.   A
 release of records under this section shall not be denied solely because
 of inability to pay. No charge may be imposed  under  this  section  for
 providing, releasing, or delivering medical records or copies of medical
 records  where  requested  for the purpose of supporting an application,
 claim or appeal for any government benefit or  program,  provided  that,
 where  a provider maintains medical records in electronic form, it shall
 provide the copy in either electronic or paper form, as required by  the
 government benefit or program, or at the patient's request.
   § 2. Paragraph (e) of subdivision 2 of section 18 of the public health
 law,  as  amended by chapter 322 of the laws of 2017, is amended to read
 as follows:
   (e) The provider may impose a reasonable charge  for  all  inspections
 and copies, not exceeding the costs incurred by such provider, provided,
 however, that a provider may not impose a charge for copying an original
 mammogram  when  the original has been furnished to any qualified person
 and provided, further, that any charge for furnishing an original mammo-
 gram pursuant to this section shall  not  exceed  the  documented  costs
 associated  therewith.  However,  the reasonable charge for paper copies
 shall not exceed seventy-five cents per page AND THE  REASONABLE  CHARGE
 FOR  COPIES  PROVIDED  IN  AN  ELECTRONIC  FORMAT SHALL BE THE LESSER OF
 EITHER SEVENTY-FIVE CENTS PER PAGE OR A TOTAL OF ONE HUNDRED DOLLARS.  A
 qualified person shall not be denied access to patient information sole-
 ly because of inability to pay. No charge  may  be  imposed  under  this
 section  for  providing, releasing, or delivering patient information or
 copies of  patient  information  where  requested  for  the  purpose  of
 supporting an application, claim or appeal for any government benefit or
 program,  provided  that, where a provider maintains patient information
 in electronic form, it shall provide the copy in  either  electronic  or
 paper  form, as required by the government benefit or program, or at the
 patient's request.
   § 3. This act shall take effect immediately.