Bill Text: NY A01925 | 2017-2018 | General Assembly | Introduced

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Bill Title: Establishes the reasonable charge for electronic copies of medical records and patient information.

Spectrum: Moderate Partisan Bill (Republican 7-2)

Status: (Introduced - Dead) 2018-05-01 - held for consideration in health [A01925 Detail]

Download: New_York-2017-A01925-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          1925
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    January 17, 2017
                                       ___________
        Introduced  by  M. of A. MONTESANO, DiPIETRO, WALTER, SALADINO, PALUMBO,
          FINCH, SIMOTAS -- Multi-Sponsored by --  M.  of  A.  BARCLAY,  GIGLIO,
          McLAUGHLIN,  SIMANOWITZ,  THIELE  --  read  once  and  referred to the
          Committee on Health
        AN ACT to amend the public health law, in relation to  establishing  the
          reasonable charge for electronic copies of medical records and patient
          information
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. The first undesignated  paragraph  of  section  17  of  the
     2  public  health  law,  as  amended by chapter 576 of the laws of 1998, is
     3  amended to read as follows:
     4    Upon the written request of any competent patient, parent or  guardian
     5  of an infant, a guardian appointed pursuant to article eighty-one of the
     6  mental  hygiene  law,  or  conservator  of  a conservatee, an examining,
     7  consulting or treating physician or hospital must release  and  deliver,
     8  exclusive of personal notes of the said physician or hospital, copies of
     9  all  x-rays,  medical  records and test records including all laboratory
    10  tests regarding that patient to any other designated physician or hospi-
    11  tal provided, however, that such records concerning the treatment of  an
    12  infant  patient  for  venereal disease or the performance of an abortion
    13  operation upon such infant patient shall  not  be  released  or  in  any
    14  manner  be  made available to the parent or guardian of such infant, and
    15  provided, further, that original mammograms, rather than copies thereof,
    16  shall be released and delivered. Either the physician or hospital incur-
    17  ring the expense of providing copies of x-rays, medical records and test
    18  records including all laboratory tests pursuant  to  the  provisions  of
    19  this  section  may  impose  a reasonable charge to be paid by the person
    20  requesting the release and deliverance of such records as  reimbursement
    21  for such expenses, provided, however, that the physician or hospital may
    22  not  impose a charge for copying an original mammogram when the original
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05976-01-7
        A. 1925                             2
     1  has been released or delivered to any competent patient, parent or guar-
     2  dian of an infant, a guardian appointed pursuant to  article  eighty-one
     3  of  the  mental  hygiene  law,  or  a  conservator  of a conservatee and
     4  provided,  further, that any charge for delivering an original mammogram
     5  pursuant to this section shall not exceed the documented  costs  associ-
     6  ated  therewith.  However,  the reasonable charge for paper copies shall
     7  not exceed seventy-five cents per page and  the  reasonable  charge  for
     8  copies  provided  in  an electronic format shall be the lesser of either
     9  seventy-five cents per page or a  total  of  one  hundred  dollars.    A
    10  release of records under this section shall not be denied solely because
    11  of inability to pay.
    12    § 2. Paragraph (e) of subdivision 2 of section 18 of the public health
    13  law,  as  amended by chapter 576 of the laws of 1998, is amended to read
    14  as follows:
    15    (e) The provider may impose a reasonable charge  for  all  inspections
    16  and copies, not exceeding the costs incurred by such provider, provided,
    17  however, that a provider may not impose a charge for copying an original
    18  mammogram  when  the original has been furnished to any qualified person
    19  and provided, further, that any charge for furnishing an original mammo-
    20  gram pursuant to this section shall  not  exceed  the  documented  costs
    21  associated  therewith.  However,  the reasonable charge for paper copies
    22  shall not exceed seventy-five cents per page and the  reasonable  charge
    23  for  copies  provided  in  an  electronic  format shall be the lesser of
    24  either seventy-five cents per page or a total of one hundred dollars.  A
    25  qualified person shall not be denied access to patient information sole-
    26  ly because of inability to pay.
    27    § 3. This act shall take effect immediately.