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. LBD08496-01-1A. 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.