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.