S T A T E O F N E W Y O R K
________________________________________________________________________
5316--A
2025-2026 Regular Sessions
I N A S S E M B L Y
February 13, 2025
___________
Introduced by M. of A. REYES -- read once and referred to the Committee
on Health -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee
AN ACT to amend the public health law, in relation to the release of
medical records in an electronic format
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 2 of section 18 of the public health law is
amended by adding two new paragraphs (j) and (k) to read as follows:
(J) SUBJECT TO THE PROVISIONS OF SUBDIVISION THREE OF THIS SECTION,
UPON THE REQUEST OF A QUALIFIED PERSON, ALL ELECTRONIC MEDICAL RECORDS
REQUIRED TO BE RELEASED PURSUANT TO THIS SECTION SHALL BE MADE AVAILABLE
TO QUALIFIED PERSONS IN AN ELECTRONIC FORMAT THROUGH A WEB PORTAL AND
SUCH RECORDS SHALL BE PROVIDED IN A FORMAT THAT ALLOWS QUALIFIED PERSONS
TO SAVE THE RECORDS TO THEIR OWN DEVICE.
(K) WITHIN ONE HUNDRED EIGHTY DAYS OF THE EFFECTIVE DATE OF THIS PARA-
GRAPH, THE DEPARTMENT SHALL ESTABLISH RULES AND REGULATIONS, CONSISTENT
WITH STATE AND FEDERAL LAW AND REGULATIONS, REQUIRING ANY ELECTRONIC
MEDICAL RECORDS SYSTEM TO:
(I) BE DEVELOPED WITH THE CAPABILITY TO ENABLE QUALIFIED PERSONS
ACCESS TO SUCH RECORDS IN A SINGLE, SECURE ELECTRONIC FORMAT FOR SAVING
TO THEIR OWN DEVICE AND WHICH MAY BE UPDATED AUTOMATICALLY BY THE
PROVIDER; AND
(II) ESTABLISH APPROPRIATE POLICIES AND PROCEDURES TO ENSURE THAT ALL
APPLICABLE STATE AND FEDERAL LAWS TO PROTECT THE CONFIDENTIALITY OF
INDIVIDUAL MEDICAL RECORDS, INCLUDING ELECTRONIC MEDICAL RECORDS, ARE
FOLLOWED.
§ 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08155-03-5