S T A T E O F N E W Y O R K
________________________________________________________________________
4729
2019-2020 Regular Sessions
I N A S S E M B L Y
February 5, 2019
___________
Introduced by M. of A. ENGLEBRIGHT -- read once and referred 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;
§ 2. The public health law is amended by adding a new section 18-b to
read as follows:
§ 18-B. REQUIREMENT FOR TRANSFER OF INFORMATION. 1. A HEALTH CARE
PROVIDER, HEALTH CARE FACILITY OR HEALTH CARE PRACTITIONER, AS SUCH
TERMS ARE DEFINED IN SECTION EIGHTEEN OF THIS TITLE, WHICH HAS IN ITS
POSSESSION PATIENT INFORMATION AS SUCH TERM IS DEFINED IN SUCH SECTION,
AND WHICH HAS DETERMINED TO CEASE TO DO BUSINESS OR WHICH IS TRANS-
FERRING ITS OWNERSHIP OR OTHERWISE INTERRUPTING ITS SERVICES FOR A
PERMANENT OR EXTENDED PERIOD SHALL, AT LEAST SIXTY DAYS PRIOR TO SUCH
ACTION, NOTIFY THE COMMISSIONER OF ITS INTENT AND SHALL PROVIDE A COPY
OF ITS PLAN FOR TRANSFER OF PATIENT RECORDS TO ANOTHER PROVIDER, FACILI-
TY, PRACTITIONER OR PATIENT, AS REQUESTED OR REQUIRED PURSUANT TO LAW.
THE COMMISSIONER SHALL PRESCRIBE THE FORM OF SUCH PLAN, THE REQUIREMENTS
FOR TRANSFER, AND THE MANNER OF REQUIRED NOTIFICATION.
2. IF THE COMMISSIONER SHALL DETERMINE THAT THE FAILURE OF ANY SUCH
HEALTH CARE PROVIDER, HEALTH CARE FACILITY OR HEALTH CARE PRACTITIONER
TO TIMELY RELEASE MEDICAL RECORDS PURSUANT TO SECTION SEVENTEEN OR EIGH-
TEEN OF THIS TITLE, SUCH SECTION EIGHTEEN AS ADDED BY CHAPTER FOUR
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08447-01-9
A. 4729 2
HUNDRED NINETY-SEVEN OF THE LAWS OF NINETEEN HUNDRED EIGHTY-SIX, SHALL
HAVE CAUSED OR MAY CAUSE A THREAT TO THE HEALTH OF THE INDIVIDUALS WHO
ARE THE SUBJECT OF SUCH RECORDS, BECAUSE MORE THAN SIX MONTHS HAS
ELAPSED SINCE A PRIOR SCREENING OR TEST, THE COMMISSIONER MAY ORDER NEW
TESTS TO BE PERFORMED BY A PRACTITIONER CHOSEN OR APPROVED BY THE
COMMISSIONER. IN ORDER TO EXPEDITE SUCH TESTS, THE COMMISSIONER MAY
ORDER PAYMENT FOR SUCH TESTS FROM ANY ACCOUNT UNDER THE CONTROL OF THE
DEPARTMENT, AND SHALL ASSESS ANY SUCH HEALTH CARE PROVIDER, HEALTH CARE
FACILITY OR HEALTH CARE PRACTITIONER WHO FAILED TO TIMELY RELEASE
MEDICAL RECORDS FOR THE EXPENSES. NO ASSESSMENT SHALL BE MADE AGAINST A
HEALTH CARE PROVIDER, HEALTH CARE FACILITY OR HEALTH CARE PRACTITIONER
IN ANY CASE WHERE SUCH PERSON OR ENTITY CAN DEMONSTRATE TO THE COMMIS-
SIONER THAT A GOOD FAITH EFFORT TO CONTACT THE PATIENT WITH SCREENING OR
TEST RESULTS WAS MADE PRIOR TO THE ELAPSE OF SUCH SIX-MONTH PERIOD.
§ 3. This act shall take effect immediately.