Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Oct 29, 2019 |
signed chap.426 |
Oct 17, 2019 |
delivered to governor |
Jun 17, 2019 |
returned to senate passed assembly ordered to third reading cal.131 substituted for a2349 |
Jun 13, 2019 |
referred to codes delivered to assembly passed senate |
Jun 04, 2019 |
advanced to third reading |
Jun 03, 2019 |
2nd report cal. |
May 30, 2019 |
1st report cal.1106 |
Apr 29, 2019 |
referred to health |
Senate Bill S5367
Signed By Governor2019-2020 Legislative Session
Sponsored By
(D) 14th Senate District
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
Actions
Votes
co-Sponsors
(D) 16th Senate District
2019-S5367 (ACTIVE) - Details
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
BILL NUMBER: S5367 SPONSOR: COMRIE TITLE OF BILL: 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 PURPOSE: This bill establishes requirement for orderly transfer of medical records, if a physician closes an office, this bill makes it clear that failure to comply with law regarding patient access to his or her own records would be in violation of what is generally accepted reasonable expectation, an expectation to control the information about an individ- ual's own health, and in the event a patient is not granted access to their medical records the health commissioner would be empowered to take emergency action to require new tests if the failure to release records timely poses a health threat to individual patients. SUMMARY OF PROVISIONS:
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
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