S T A T E O F N E W Y O R K
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10513
I N S E N A T E
May 15, 2026
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Introduced by Sen. SCARCELLA-SPANTON -- 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 disclosing certain
diagnostic results to patients on their electronic health record
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The public health law is amended by adding a new section
18-d to read as follows:
§ 18-D. DISCLOSURE OF CERTAIN DIAGNOSTIC RESULTS. 1. FOR THE PURPOSES
OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
(A) "ELECTRONIC HEALTH RECORD" SHALL HAVE THE SAME MEANING AS SUCH
TERM IS DEFINED BY SECTION FORTY-FOUR HUNDRED EIGHT OF THIS CHAPTER.
(B) "TREATING PRACTITIONER" SHALL HAVE THE SAME MEANING AS SUCH TERM
IS DEFINED BY SECTION EIGHTEEN OF THIS TITLE.
2. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, WHERE A
PATHOLOGY REPORT OR RADIOLOGY REPORT HAS A REASONABLE LIKELIHOOD OF
SHOWING A FINDING OF MALIGNANCY, SUCH REPORT SHALL NOT BE DISCLOSED TO A
PATIENT AS A PART OF THEIR ELECTRONIC HEALTH RECORD UNTIL SEVENTY-TWO
HOURS AFTER SUCH REPORT IS FINALIZED, UNLESS THE TREATING PRACTITIONER
CONTACTS THE PATIENT REGARDING THE RESULTS OF SUCH REPORT BEFORE THE END
OF THE SEVENTY-TWO HOUR PERIOD.
§ 2. This act shall take effect on the ninetieth day after it shall
have become a law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15935-01-6