Assembly Bill A8765

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8765
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             November 25, 2019
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
   Committee on Health
 
 AN ACT to amend the public health law, in relation to a patient's  writ-
   ten request to receive copies of medical records
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Section 17 of the public health law, as amended by  chapter
 165 of the laws of 1991, and the first undesignated paragraph as amended
 by chapter 322 of the laws of 2017, is amended to read as follows:
   §  17.  Release of medical records. 1. 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 hospital 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  incurring the expense of providing
 copies of x-rays, medical records and test records including all labora-
 tory 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 guardian of an
 infant,  a  guardian  appointed  pursuant  to  article eighty-one of the
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD13041-01-9

 A. 8765                             2
 
 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 associated  there-
 with.  However,  the reasonable charge for paper copies shall not exceed
 seventy-five cents per page. 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  elec-
 tronic  or paper form, as required by the government benefit or program,
 or at the patient's request.
   2. UPON THE WRITTEN REQUEST OF ANY COMPETENT PATIENT, PARENT OR GUARD-
 IAN 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 SHALL 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  DIRECTLY  TO  SUCH  PATIENT,  OR TO THE
 PATIENT'S ATTORNEY, AUTHORIZED REPRESENTATIVE, GUARDIAN, OR CONSERVATOR,
 WHERE APPLICABLE.  THE PHYSICIAN OR HOSPITAL SHALL PROVIDE SUCH  RECORDS
 WITHOUT  CHARGE TO THE PATIENT, PROVIDED, HOWEVER, IF SUCH PATIENT SHALL
 REQUEST A SECOND COPY OF SUCH MEDICAL RECORDS, THE PHYSICIAN OR HOSPITAL
 MAY CHARGE A COPYING FEE NOT TO EXCEED TWENTY CENTS PER PAGE,  WITH  THE
 TOTAL COST NOT TO EXCEED ONE HUNDRED DOLLARS, WHICHEVER IS LESS.
   3.  For the purposes of this section the term "laboratory tests" shall
 include but not be limited to tests  and  examinations  administered  in
 clinical  laboratories  or  blood  banks  as  those terms are defined in
 section five hundred seventy-one of this chapter.
   § 2. This act shall take effect immediately.