Bill Text: NY A08080 | 2013-2014 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Requires a health care provider or facility which has determined to cease to do business or which is transferring its ownership, at least sixty days prior to such action, notify the commissioner of health of its intent and shall provide a copy of its plan for transfer of patient records to another provider, facility or practitioner.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-06-05 - print number 8080a [A08080 Detail]

Download: New_York-2013-A08080-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         8080
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                     June 18, 2013
                                      ___________
       Introduced  by M. of A. PERRY -- read once and referred to the Committee
         on Health
       AN ACT to amend the education law and the public health law, in relation
         to the transfer of patient medical records in certain circumstances
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Subdivision  40  of section 6530 of the education law, as
    2  added by chapter 606 of the laws of 1991, is amended to read as follows:
    3    40. Failing to provide access by qualified persons to patient informa-
    4  tion in accordance with the standards set forth  in  [section]  SECTIONS
    5  SEVENTEEN  AND  eighteen of the public health law, SUCH SECTION EIGHTEEN
    6  as added by chapter [497] FOUR  HUNDRED  NINETY-SEVEN  of  the  laws  of
    7  [1986] NINETEEN HUNDRED EIGHTY-SIX;
    8    S  2. The public health law is amended by adding a new section 18-b to
    9  read as follows:
   10    S 18-B. REQUIREMENT FOR TRANSFER OF  INFORMATION.  1.  A  HEALTH  CARE
   11  PROVIDER,  HEALTH  CARE  FACILITY,  OR HEALTH CARE PRACTITIONER, AS SUCH
   12  TERMS ARE DEFINED IN SECTION EIGHTEEN OF THIS TITLE, SUCH SECTION  EIGH-
   13  TEEN  AS ADDED BY CHAPTER FOUR HUNDRED NINETY-SEVEN OF THE LAWS OF NINE-
   14  TEEN HUNDRED EIGHTY-SIX, WHICH HAS IN ITS POSSESSION PATIENT INFORMATION
   15  AS SUCH TERM IS DEFINED IN SUCH SECTION, AND  WHICH  HAS  DETERMINED  TO
   16  PERMANENTLY  CEASE  TO  DO  BUSINESS OR PRACTICE IN THIS STATE SHALL, AT
   17  LEAST SIXTY DAYS PRIOR TO SUCH ACTION, NOTIFY THE  COMMISSIONER  OF  ITS
   18  INTENT  AND  SHALL  PROVIDE  A  COPY OF ITS PLAN FOR TRANSFER OF PATIENT
   19  RECORDS TO ANOTHER  PROVIDER,  FACILITY,  PRACTITIONER  OR  PATIENT,  AS
   20  REQUESTED  BY  THE PATIENT OR REQUIRED PURSUANT TO LAW. THE COMMISSIONER
   21  SHALL PRESCRIBE THE FORM OF SUCH PLAN, THE  REQUIREMENTS  FOR  TRANSFER,
   22  AND THE MANNER OF REQUIRED NOTIFICATION, PROVIDED THAT SUCH REQUIREMENTS
   23  SHALL  INCLUDE A MAXIMUM PERIOD OF TIME FOR THE COMPLETION OF THE TRANS-
   24  FER AND A PLAN FOR RETURNING, UPON REQUEST BY THE PATIENT, SUCH  MEDICAL
   25  RECORDS TO THE PATIENT.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01923-04-3
       A. 8080                             2
    1    2.  IF  THE  COMMISSIONER SHALL DETERMINE THAT THE FAILURE OF ANY SUCH
    2  HEALTH CARE PROVIDER, HEALTH CARE FACILITY, OR HEALTH CARE  PRACTITIONER
    3  TO TIMELY RELEASE MEDICAL RECORDS PURSUANT TO SECTION SEVENTEEN OR EIGH-
    4  TEEN  OF  THIS  TITLE,  SUCH  SECTION  EIGHTEEN AS ADDED BY CHAPTER FOUR
    5  HUNDRED  NINETY-SEVEN  OF THE LAWS OF NINETEEN HUNDRED EIGHTY-SIX, SHALL
    6  HAVE CAUSED OR MAY CAUSE A THREAT TO THE HEALTH OF THE  INDIVIDUALS  WHO
    7  ARE  THE  SUBJECT  OF  SUCH  RECORDS,  BECAUSE  MORE THAN SIX MONTHS HAS
    8  ELAPSED SINCE A PRIOR SCREENING OR TEST, THE COMMISSIONER MAY ORDER  NEW
    9  TESTS  TO  BE  PERFORMED  BY  A  PRACTITIONER  CHOSEN OR APPROVED BY THE
   10  COMMISSIONER. IN ORDER TO EXPEDITE  SUCH  TESTS,  THE  COMMISSIONER  MAY
   11  ORDER  PAYMENT  FOR SUCH TESTS FROM ANY ACCOUNT UNDER THE CONTROL OF THE
   12  DEPARTMENT, AND SHALL ASSESS ANY SUCH HEALTH CARE PROVIDER, HEALTH  CARE
   13  FACILITY,  OR  HEALTH  CARE  PRACTITIONER  WHO  FAILED TO TIMELY RELEASE
   14  MEDICAL RECORDS FOR THE EXPENSES.
   15    S 3. This act shall take effect immediately.