Relates to the transfer of all patient information to the department of health when a facility is closed by the department

Section 18 of the public health law is amended by adding subdivision 2-a which requires any health care facility that has been closed by the department for any reason to transfer all patient information to the department of health.

Subdivision 3 of Section 18 of the public health law is amended by adding new paragraph (j) which allows a qualified individual who does not receive a response from the provider to request a review of the denial by the appropriate medical record access review committee.

Section 18 of the public health law is amended by adding new subdivision 13 which allow a qualified person to bring a private right of action for damages against a provider or facility that has failed to respond to the qualified person's request for information. Damages include but are not limited to repeat tests or screenings necessary for care by another health care provider.

Justification

In the summer of 2006 the New York State Department of Health closed a radiology facility in Brooklyn for performing mammograms without a radiologist on staff to read those tests. Patients unaware that the facility was closed went to the location to get their annual mammograms performed only to find the doors locked. The facility closed. Patients have tried for over 9 months to obtain films and records for their tests including mammograms and various other scans. The health care provider disconnected his telephones and only had sporadic service on his fax line making it nearly impossible for patients to request their records. Those that have succeeded in making their requests for records were met with silence.

Agencies such as the Food and Drug Administration, NYS Department of Health and the NYC Department of Health all have commented that their actions are limited by current laws. Under current state law a health care provider is given a reasonable amount of time to provide the records. In the current matter this reasonable amount of time has stretched on for months. Patients with questionable mammograms have had to endure further testing, biopsies and untold anxiety which could have been alleviated with the simple comparison to past mammograms.

There was no mechanism in place for the orderly distribution of patient records. Time and time again, patients were promised the return of their records. Most were met with disappointment. The health care provider contacted patients to come to various locations in search of their records. Many went...few received their records. Most were sent on a wild goose chase. The few records that were distributed were done so under the most insecure methods. For one month, the health care provider designated the superintendent of an apartment building as his designee to distribute medical records. Under current law the NYS Department of Health could not take action. Therefore, it is imperative to change the current law to provide for specific time periods, a secure method of distribution of medical records and patient reimbursement.

The current law gives patients the right to obtain their medical records from health care providers. However, it does not provide for a specific time period by which health care providers must furnish its records. This absence of specificity results in ambiguity in the law. Medical records and films are of utmost importance to patient health especially in cases of cancer tests where time is of the essence regarding treatment and care. Therefore, this legislation establishes specific time periods of 30 days for medical records and 15 days for records pertaining to cancer testing.

The current law allows patients (qualified individuals) to go before a medical review board if their request is denied. However, the current law does not provide for a situation where health care providers simply ignore the request This legislation cures this problem by establishing that if a response is not received within the prescribed time it will be considered a denial allowing the patient to seek further review of the denial.

The current law does not provide for the timely distribution of records upon the closure of a medical facility. This results in great hardship to the patients who must rely on the health care provider of a closed facility to provide their records. When a facility is closed patients can not even request the records since telephone numbers and fax lines are in most cases terminated by the provider. This legislation allows the NYS Department of Health to take possession of medical records upon closure of a facility. This would allow patients to make their requests for records. It would also facilitate the prompt return of medical records in a secure manner.

The current law does not provide for patients a private right of action in situation where they can not obtain their records in a timely manner. Patient who can not obtain their mammograms face additional testing including repeat mammograms, sonograms and biopsies. The stress they face in such a situation is unbearable. This legislation provides patients with a tool to recover the damages that the provider has caused by not providing the records in a timely manner.

Legislative history

New Bill.

Fiscal implications

None to the State.

Effective date

This act shall take effect on the one hundred eightieth day after it shall have become law. Effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized and directed to be made and completed on or before such effective date.