Bill Text: NY A02667 | 2023-2024 | General Assembly | Introduced
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
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. LBD06886-01-3A. 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.