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

Summary of provisions

Section 1 of this bill amends subdivision 40 of section 6530 of the Education law by including section 17 of the public health law in the provision about misconduct in relation to failing provide access to patient information.

Section 2 of this bill amends the Public Health Law by adding a new section 18-b. Subdivision 1 of this new section provides definitions for "permanently cease to do business in this state," "failure to provide access to medical information or medical records," "health care provider, health care facility, and health care practitioner," "patient information," "patient medical records," and "actively practice."

Subdivision 2 of this new section provides that a health care provider, facility or practitioner that possesses patient information or patient medical records and which has permanently ceased to do business or practice in this state has to notify the commissioner of its intent at least 60 days prior to such action. The health care provider, facility or practitioner has to provide a copy of its plan for transfer of patient information or patient medical records to another provider, facility, or practitioner, or furnish a copy to the patient if the patient requests the information, or if it is required pursuant to law.

Subdivision 3 of this new section provides that within 10 days of being notified, the commissioner shall prescribe the requirements for transfer of patient information and patient medical records provided that the requirements include a maximum period of time not to exceed the 60 days and a plan for notifying patients that the health care provider, facility or practitioner is permanently ceasing to do business in the state or actively practice and informing such patients of their right to request their patient information or medical records be sent to either the health care provider, facility or practitioner of his or her choice, or returned to themselves. If the determination to permanently case to do business in this state or actively practice was made as a result of illness, injury or death, the commissioner shall work with the provider, facility or practitioner, or where appropriate, the requisite representative, to facilitate notice to the patients. The commissioner has to ensure that patient medical records are transferred in a timely manner and it shall not exceed 160 days after being notified of the decision to cease to do business in this state.

Subdivision 4 of this new section provides that nothing in this section shall authorize the disclosure of patient information or medical records that are prohibited from disclosure pursuant to law.

Subdivision 5 of this new section provides that if the commissioner determines that there is failure to adhere to the terms of the plan approved by the commissioner for the transfer of patient information or patient medical records, and such failure may cause a threat to the health of an individual patient because more than 6 months has elapsed since a prior laboratory test, the results of which are contained in the patient's information or medical records, the commissioner may order new laboratory tests to be performed by a practitioner chosen or approved by the commissioner. These tests can be expedited and the commissioner can order payment for the tests form any account under the control of the department, and seek that amount from the health care provider, facility or practitioner who failed to release the patient's information. This subdivision also defines "laboratory tests."

Subdivision 6 of this new section provides that if the commissioner determines that a health care provider, facility or practitioner willfully and without good cause failed to adhere to the terms of the plain approved by the commissioner for the transfer of patient information or patient medical records, the commissioner may assess a penalty not to exceed 500 dollars for each of the first 20 failures, and 250 dollars for each additional failure thereafter but no health care provider, facility or practitioner shall not be assessed a penalty under this subdivision of more than 30,000 dollars. A health care provider, facility or practitioner may appeal such assessment to the medical record access review committees designated by the commissioner pursuant to subdivision 4 of section 18 of this title.

Subdivision 7 of this new section provides that this section shall not affect any rights under section 17 or section 18 of this title.

Subdivision 8 of this new section provides that any assessment made under this section shall be in addition to any other assessment or penalty that is authorized by law.

Subdivision 9 of this new section provides that nothing in this section shall affect or extend the period of time that a health care provider, facility or practitioner is required to retain a patient's medical information and medical records.

Section 2 of this bill provides that this act shall take effect immediately.

Existing law

Currently, the law provides for release of medical records upon written request, and access to patient information upon written request within a reasonable time.

Justification

The bill closes a loophole to provide for continuous custody of medical records. When a patient visits his or her doctor, the patient

is the consumer of the doctor's services and when such a doctor ceases to continue doing business or ceases to actively practice in New York, his or her patients have a reasonable expectation the information and medical records that the doctor has compiled over the course of taking care of the patient will be available to the patient or be transferred in accordance with the patient's wishes. There have been unfortunate situations in which a provider determines to cease operations and fails to either provide for appropriate transfer of records or to give the records to patients who have asked for them. Additionally, there is no provision in law to allow for new tests in a situation where a patient's records that contain test results relevant to the patient's health care situation are available because they were either not timely or properly transferred.

Numerous other States, including California, Massachusetts, New Jersey, Pennsylvania, and Wisconsin statutorily provide for the transfer and/or preservation of patient medical records in situations where a health care provider, facility, or practitioner ceases operations. The majority of the remaining States have administratively prescribed rules for the transfer and/or preservation of medical records in these situations. To protect the health and welfare of New Yorkers, New York should join the States that provide protection to patient medical records by statutorily requiring their proper transfer.

Legislative history

2014: S.4174-C - Referred to Higher Education 2013: S.4174-A - Passed the Senate 2012: S.2215 - Referred to Higher Education 2011: S.2215 - Referred to Higher Education 2010: S.2188 - Referred to Higher Education 2009: S.2188 - Referred to Higher Education 2008: S.6638 - Referred to Higher Education

Fiscal implications

No significant impact.

Effective date

This act shall take effect immediately.