Senate Bill S5367

Signed By Governor
2019-2020 Legislative Session

Relates to requirements for the transfer of patient medical records upon the closure of a health care provider's office

download bill text pdf

Sponsored By

Archive: Last Bill Status - Signed by Governor


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions
Votes

co-Sponsors

2019-S5367 (ACTIVE) - Details

See Assembly Version of this Bill:
A2349
Law Section:
Public Health Law
Laws Affected:
Amd §18, Pub Health L
Versions Introduced in Other Legislative Sessions:
2013-2014: A8080
2015-2016: A6675, A7161
2017-2018: A6847

2019-S5367 (ACTIVE) - Summary

Requires a health care provider or facility which has determined to cease to do business or which is transferring its ownership, at least thirty days prior to such action to provide a copy of its plan for transfer of patient records to another provider, facility or practitioner.

2019-S5367 (ACTIVE) - Sponsor Memo

2019-S5367 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5367
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              April 29, 2019
                                ___________
 
 Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Health
 
 AN ACT to amend the public health law, in relation to  the  transfer  of
   patient  medical  records upon the closure of a health care provider's
   office

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  1 of section 18 of the public health law, as
 added by chapter 497 of the laws of 1986, is amended  by  adding  a  new
 paragraph (j) to read as follows:
   (J)  "CEASE  TO DO BUSINESS IN THIS STATE" SHALL MEAN ANY CASE WHERE A
 HEALTH CARE PROVIDER WHO HAS ENGAGED IN AN ON-GOING PRACTICE OR BUSINESS
 WITHIN THIS STATE AS A HEALTH CARE PROVIDER, CEASES TO  ENGAGE  IN  SUCH
 BUSINESS,  PROVIDED  HOWEVER,  THAT THIS TERM SHALL NOT INCLUDE A HEALTH
 CARE PRACTITIONER WHOSE PRACTICE IS MERGED, CONSOLIDATED,  COMBINED,  OR
 ACQUIRED  BY  ANOTHER  HEALTH  CARE  PROVIDER AND HE OR SHE CONTINUES TO
 PROVIDE SERVICES INCLUDING  MEDICAL  CARE,  DIAGNOSIS  OR  TREATMENT  TO
 PATIENTS  AS  AN  EMPLOYEE,  CONTRACTOR, OR OWNER OF THE MERGED, CONSOL-
 IDATED, COMBINED, OR ACQUIRED HEALTH CARE PROVIDER.
   § 2. Section 18 of the public health law, as added by chapter  497  of
 the  laws  of 1986, is amended by adding a new subdivision 13 to read as
 follows:
   13. (A) A HEALTH CARE PROVIDER WHICH HAS  IN  ITS  POSSESSION  PATIENT
 INFORMATION  AND/OR  PATIENT MEDICAL RECORDS AND WHICH HAS DETERMINED TO
 PERMANENTLY CEASE TO DO BUSINESS OR PRACTICE IN  THIS  STATE  SHALL,  AT
 LEAST  THIRTY  DAYS  PRIOR  TO  SUCH ACTION, MAKE A GOOD FAITH EFFORT TO
 NOTIFY EACH OF THE HEALTH CARE  PROVIDER'S  CURRENT  PATIENTS  THAT  THE
 OFFICE  WILL  BE  CLOSING  AND TO INFORM EACH SUCH PATIENT OF HIS OR HER
 RIGHT TO REQUEST THAT HIS OR  HER  PATIENT  INFORMATION  AND/OR  PATIENT
 MEDICAL  RECORDS BE SENT TO A HEALTH CARE PROVIDER, HEALTH CARE FACILITY
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06968-01-9
              

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.