Bill Text: NY A02667 | 2023-2024 | General Assembly | Introduced

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

Spectrum: Partisan Bill (Republican 4-0)

Status: (Introduced) 2024-01-03 - referred to health [A02667 Detail]

Download: New_York-2023-A02667-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          2667

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    January 26, 2023
                                       ___________

        Introduced  by  M.  of  A.  BLUMENCRANZ -- 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 322 of the laws of 2017, 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
    23  has been released or delivered to any competent patient, parent or guar-
    24  dian of an infant, a guardian appointed pursuant to  article  eighty-one

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06886-01-3
        A. 2667                             2

     1  of  the  mental  hygiene  law,  or  a  conservator  of a conservatee and
     2  provided, further, that any charge for delivering an original  mammogram
     3  pursuant  to  this section shall not exceed the documented costs associ-
     4  ated  therewith.  However,  the reasonable charge for paper copies shall
     5  not exceed seventy-five cents per page and  the  reasonable  charge  for
     6  copies  provided  in  an electronic format shall be the lesser of either
     7  seventy-five cents per page or a  total  of  one  hundred  dollars.    A
     8  release of records under this section shall not be denied solely because
     9  of  inability  to  pay.  No charge may be imposed under this section for
    10  providing, releasing, or delivering medical records or copies of medical
    11  records where requested for the purpose of  supporting  an  application,
    12  claim  or  appeal  for any government benefit or program, provided that,
    13  where a provider maintains medical records in electronic form, it  shall
    14  provide  the copy in either electronic or paper form, as required by the
    15  government benefit or program, or at the patient's request.
    16    § 2. Paragraph (e) of subdivision 2 of section 18 of the public health
    17  law, as amended by chapter 322 of the laws of 2017, is amended  to  read
    18  as follows:
    19    (e)  The  provider  may impose a reasonable charge for all inspections
    20  and copies, not exceeding the costs incurred by such provider, provided,
    21  however, that a provider may not impose a charge for copying an original
    22  mammogram when the original has been furnished to any  qualified  person
    23  and provided, further, that any charge for furnishing an original mammo-
    24  gram  pursuant  to  this  section  shall not exceed the documented costs
    25  associated therewith. However, the reasonable charge  for  paper  copies
    26  shall  not  exceed seventy-five cents per page and the reasonable charge
    27  for copies provided in an electronic  format  shall  be  the  lesser  of
    28  either seventy-five cents per page or a total of one hundred dollars.  A
    29  qualified person shall not be denied access to patient information sole-
    30  ly  because  of  inability  to  pay. No charge may be imposed under this
    31  section for providing, releasing, or delivering patient  information  or
    32  copies  of  patient  information  where  requested  for  the  purpose of
    33  supporting an application, claim or appeal for any government benefit or
    34  program, provided that, where a provider maintains  patient  information
    35  in  electronic  form,  it shall provide the copy in either electronic or
    36  paper form, as required by the government benefit or program, or at  the
    37  patient's request.
    38    § 3. This act shall take effect immediately.