Senate Bill S3838A

2025-2026 Legislative Session

Requires medical records to be made available to patients in an electronic format through a web portal

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Sponsored By

Current Bill Status - In Assembly Committee

  • 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

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Bill Amendments

2025-S3838 - Details

See Assembly Version of this Bill:
A5316
Current Committee:
Assembly Health
Law Section:
Public Health Law
Laws Affected:
Amd §18, Pub Health L
Versions Introduced in 2023-2024 Legislative Session:
S7769, A8961

2025-S3838 - Summary

Requires medical records to be made available to patients in an electronic format through a web portal and in a format that allows patients to save records to their own device; requires electronic medical records systems to give qualified persons access to records in a single, secure format and to establish policies and procedures to endure confidentiality.

2025-S3838 - Sponsor Memo

2025-S3838 - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3838
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 30, 2025
                                ___________
 
 Introduced  by  Sen. HINCHEY -- 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  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 a new paragraph (j) to read as follows:
   (J)  SUBJECT  TO  THE PROVISIONS OF SUBDIVISION THREE OF THIS SECTION,
 UPON THE REQUEST OF A QUALIFIED PERSON, ALL MEDICAL RECORDS REQUIRED  TO
 BE  RELEASED  PURSUANT TO THIS SECTION SHALL BE MADE AVAILABLE TO QUALI-
 FIED 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.
   § 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.
                                                            LBD08155-01-5

2025-S3838A (ACTIVE) - Details

See Assembly Version of this Bill:
A5316
Current Committee:
Assembly Health
Law Section:
Public Health Law
Laws Affected:
Amd §18, Pub Health L
Versions Introduced in 2023-2024 Legislative Session:
S7769, A8961

2025-S3838A (ACTIVE) - Summary

Requires medical records to be made available to patients in an electronic format through a web portal and in a format that allows patients to save records to their own device; requires electronic medical records systems to give qualified persons access to records in a single, secure format and to establish policies and procedures to endure confidentiality.

2025-S3838A (ACTIVE) - Sponsor Memo

2025-S3838A (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3838--A
     Cal. No. 657
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 30, 2025
                                ___________
 
 Introduced  by  Sen. HINCHEY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Health -- reported favora-
   bly from said committee, ordered to first and second  report,  ordered
   to a third reading, amended and ordered reprinted, retaining its place
   in the order of third reading

 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.

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