S T A T E O F N E W Y O R K
________________________________________________________________________
1082
2025-2026 Regular Sessions
I N A S S E M B L Y
January 8, 2025
___________
Introduced by M. of A. LUNSFORD -- read once and referred to the Commit-
tee on Health
AN ACT to amend the public health law, the mental hygiene law and the
insurance law, in relation to utilization review agents access to
electronic medical records
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 2803 of the public health law is amended by adding
a new subdivision 15 to read as follows:
15. THE COMMISSIONER SHALL REQUIRE EVERY GENERAL HOSPITAL AND EVERY
CLINIC LICENSED PURSUANT TO THIS ARTICLE TO ADOPT A PROCESS BY WHICH
ACCESS TO ELECTRONIC MEDICAL RECORDS ARE PROVIDED TO UTILIZATION REVIEW
AGENTS FOR PURPOSES OF ARTICLE FORTY-NINE OF THIS CHAPTER AND ARTICLE
FORTY-NINE OF THE INSURANCE LAW. NOTHING CONTAINED HEREIN SHALL PROHIBIT
A HEALTH CARE PLAN FROM ENTERING INTO AN AGREEMENT WITH A HEALTH CARE
PROVIDER FOR THE TRANSMISSION OF ELECTRONIC MEDICAL RECORDS PURSUANT TO
THIS SUBDIVISION.
§ 2. Paragraph (g) of subdivision 1 of section 4902 of the public
health law, as added by chapter 705 of the laws of 1996, is amended to
read as follows:
(g) Establishment of appropriate policies and procedures to ensure
that all applicable state and federal laws to protect the confidentiali-
ty of individual medical records, INCLUDING ELECTRONIC MEDICAL RECORDS,
are followed;
§ 3. Subdivision 7 of section 4905 of the public health law, as
amended by section 6 of subpart C of part AA of chapter 57 of the laws
of 2022, is amended to read as follows:
7. When making prospective, concurrent and retrospective determi-
nations, utilization review agents shall collect only such information
as is necessary to make such determination and shall not routinely
require health care providers to numerically code diagnoses or proce-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01511-01-5
A. 1082 2
dures to be considered for certification or routinely request copies of
medical records of all patients reviewed. During prospective or concur-
rent review, copies of medical records shall only be required when
necessary to verify that the health care services subject to such review
are medically necessary. In such cases, only the necessary or relevant
sections of the medical record shall be required. A utilization review
agent may request copies of partial or complete medical records retros-
pectively. MEDICAL RECORDS REQUESTED BY UTILIZATION REVIEW AGENTS FOR
PURPOSES OF THIS SUBDIVISION SHALL BE MADE AVAILABLE ELECTRONICALLY BY
HEALTH CARE PROVIDERS PURSUANT TO SUBDIVISION FIFTEEN OF SECTION TWEN-
TY-EIGHT HUNDRED THREE OF THIS CHAPTER AND SUBDIVISION (F) OF SECTION
31.04 OF THE MENTAL HYGIENE LAW.
§ 4. Section 31.04 of the mental hygiene law is amended by adding a
new subdivision (f) to read as follows:
(F) THE COMMISSIONER, IN CONSULTATION WITH THE COMMISSIONER OF HEALTH
SHALL REQUIRE EVERY CLINIC LICENSED PURSUANT TO THIS ARTICLE TO ADOPT A
PROCESS BY WHICH ACCESS TO ELECTRONIC MEDICAL RECORDS ARE PROVIDED TO
UTILIZATION REVIEW AGENTS FOR PURPOSES OF ARTICLE FORTY-NINE OF THE
PUBLIC HEALTH LAW AND ARTICLE FORTY-NINE OF THE INSURANCE LAW. NOTHING
CONTAINED HEREIN SHALL PROHIBIT A HEALTH CARE PLAN FROM ENTERING INTO AN
AGREEMENT WITH A CLINIC LICENSED PURSUANT TO THIS ARTICLE FOR THE TRANS-
MISSION OF ELECTRONIC MEDICAL RECORDS PURSUANT TO THIS SUBDIVISION.
§ 5. Paragraph 7 of subsection (a) of section 4902 of the insurance
law, as added by chapter 705 of the laws of 1996, is amended to read as
follows:
(7) Establishment of appropriate policies and procedures to ensure
that all applicable state and federal laws to protect the confidentiali-
ty of individual medical records, INCLUDING ELECTRONIC MEDICAL RECORDS,
are followed;
§ 6. Subsection (g) of section 4905 of the insurance law, as amended
by section 5 of subpart C of part AA of chapter 57 of the laws of 2022,
is amended to read as follows:
(g) When making prospective, concurrent and retrospective determi-
nations, utilization review agents shall collect only such information
as is necessary to make such determination and shall not routinely
require health care providers to numerically code diagnoses or proce-
dures to be considered for certification or routinely request copies of
medical records of all patients reviewed. During prospective or concur-
rent review, copies of medical records shall only be required when
necessary to verify that the health care services subject to such review
are medically necessary. In such cases, only the necessary or relevant
sections of the medical record shall be required. A utilization review
agent may request copies of partial or complete medical records retros-
pectively. MEDICAL RECORDS REQUESTED BY UTILIZATION REVIEW AGENTS FOR
PURPOSES OF THIS SUBSECTION SHALL BE MADE AVAILABLE ELECTRONICALLY BY
HEALTH CARE PROVIDERS PURSUANT TO SUBDIVISION FIFTEEN OF SECTION TWEN-
TY-EIGHT HUNDRED THREE OF THE PUBLIC HEALTH LAW AND SUBDIVISION (F) OF
SECTION 31.04 OF THE MENTAL HYGIENE LAW.
§ 7. This act shall take effect immediately.