BILL NUMBER: S7846

SPONSOR: WEBB
 
TITLE OF BILL:

An act to amend the public health law, in relation to access to physical
copies of patient information by qualified persons

 
PURPOSE:

This bill establishes a patients right to receive a paper copy of their
medical records

 
SUMMARY OF PROVISIONS:

Section 1 amends the paragraph (d) of subdivision 2 of section 18 of the
public health law, which applies to records maintained by health care
facilities and practitioners licensed by the Department of Health, by
specifying that a qualified person may request a physical copy of any
patient information.

Section 2 provides for an immediate effective date.
              

 
JUSTIFICATION:

The public health law regulates records maintained by health care facil-
ities and practitioners licensed by the Department of Health.  This law
permits qualified persons, including the patient, parent or legal guard-
ian, access to the patient's medical records. The law provides that
within ten days of receiving a written request for access to records,
the provider must give the qualified person the opportunity to inspect
the records and requires that providers furnish a copy of records if
records are requested within a reasonable time frame. Providers are
allowed to charge reasonable fees to recover costs for inspections,
shipping and copying.

With the advancement of technology, many health care facilities and
providers have moved towards electronic medical systems that allow them
to more easily store and transfer medical information. In turn, the most
convenient way for a provider to honor a patient's request for a copy of
their medical records is to provide the record electronically. This is
often the most convenient way for patients to receive their information
as well, as it is quick and accessible.  However, for a variety of
reasons, some patients prefer to not have their information shared elec-
tronically. Some patients have limited access to computers and printers,
and requiring them to print out their own medical records could be
burdensome. Other patients prefer that their personal information not be
shared through the internet.  These patients should have the right to
receive a physical copy of their medical record upon their request and
payment of the statutory copying and shipping fees. These patients
should have the ability to request a paper copy of their record, upon
payment of the statutory copying and shipping charges.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None to the state. Patients requesting such records will be required to
pay statutory copying and shipping fees, making this proposal cost
neutral.

 
EFFECTIVE DATE:
This act shall take effect immediately.