Bill Text: NY A04924 | 2021-2022 | 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 4-1)

Status: (Introduced - Dead) 2022-05-10 - held for consideration in health [A04924 Detail]

Download: New_York-2021-A04924-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          4924

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    February 9, 2021
                                       ___________

        Introduced  by  M. of A. MONTESANO, DiPIETRO -- Multi-Sponsored by -- M.
          of A. BARCLAY, J. M. GIGLIO, 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 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-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08496-01-1
        A. 4924                             2

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