Relates to requirements for the transfer of patient medical records in certain circumstances

BILL NUMBER:S2215

Title of bill

An act to amend the education law and the public health law, in relation to the transfer of patient medical records in certain circumstances

Purpose or general idea of bill

This bill establishes requirement for orderly transfer of medical records, if a physician closes an office, makes it clear that failure to comply with law regarding patient access to his or her own records is misconduct, and allows the health commissioner to take emergency action to require new tests if the failure to release records timely poses a health threat to individual patients.

Summary of specific provisions

Section 1. Amends subdivision 40 of section 6530 of the education law, make it clear that failure to provide access to records, as required by sections 17 and 18 of the public health law, is misconduct.

Section 2. Adds a new subdivision 18-b to the public health law, to require that a health care provider, health care facility, or health care practitioner, which is ceasing to do business or which is transferring its ownership or otherwise interrupting its services for a permanent or extended period must notify the commissioner of its intent at least sixty days prior, and provide a copy of its plan for transfer of patient records to another provider, facility, practitioner or patient, as requested or required pursuant to law. The new section requires the commissioner to prescribe the form of such plan, the requirements for transfer, and the manner of required notification.

A second provision of this new subdivision states that if the health commissioner determines that the failure of any such health care provider, health care facility, or health care practitioner to timely release medical records pursuant to law has caused or may cause a threat to the health of the individuals who are the subject of such records, because more than six months has elapsed since a prior screening or test, the commissioner may order new tests to be performed by a practitioner chosen or approved by the commissioner. The language allows the commissioner to advance the costs of these tests and to assess the costs against the provider who failed to comply with law.

Justification

The bill closes a loophole to provide for continuous custody of medical records. We have unfortunately seen situations in which a

provider determines to cease operations and fails to provide for appropriate transfer of records, and fails to give the records to patients who have asked for them. There is no provision in law to allow for new tests in a situation in which the records cease to be relevant to the patient's health care situation.

Prior legislative history

2010: S.2188 - Referred to Higher Education 2008: S.6638 - Referred to Higher Education

Fiscal implications for state and local governments

None.

Effective date

Immediately.