What's happening
This bill sets a maximum charge for electronic copies of medical records at the lesser of $0.75 per page or $100 total.
Why it matters
Caps potential out-of-pocket costs. for patients and authorized individuals seeking electronic medical records, making it more affordable to request and transfer large files for personal use, second opinions, or legal purposes.
Helps prevent price-gouging. by setting a clear upper limit on what hospitals and providers can charge, addressing a common complaint about unpredictable and sometimes exorbitant fees for digital records.
Modernizes patient access rules. by explicitly covering electronic formats, reflecting the shift away from paper records and supporting easier, faster, and more secure sharing of health information.
Supports patient rights and continuity of care. by ensuring that inability to pay these capped fees cannot be used to deny access to important medical records, which can be crucial for ongoing treatment or legal matters.
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Who cares
Headline styles
Cap Fees for E-Medical Records
Plain English, a few words. Used as the page title.
Sponsors
3 Multi-sponsors
History
- Held for consideration in health
- Referred to health
- Referred to health
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Cap Fees for Digital Records
In Senate Committee · Rules · Sponsor Carl L. Marcellino
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1925
2017-2018 Regular Sessions
IN ASSEMBLY
January 17, 2017
Introduced by M. of A. MONTESANO, DiPIETRO, WALTER, SALADINO, PALUMBO, FINCH, SIMOTAS -- Multi-Sponsored by -- M. of A. BARCLAY, GIGLIO, McLAUGHLIN, SIMANOWITZ, THIELE -- read once and referred to the Committee on Health
AN ACT to amend the public health law, in relation to establishing the reasonable charge for electronic copies of medical records and patient information
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The first undesignated paragraph of section 17 of the public health law, as amended by chapter 576 of the laws of 1998, is amended to read as follows:
Upon the written request of any competent patient, parent or guardian of an infant, a guardian appointed pursuant to article eighty-one of the mental hygiene law, or conservator of a conservatee, an examining, consulting or treating physician or hospital must release and deliver, exclusive of personal notes of the said physician or hospital, copies of all x-rays, medical records and test records including all laboratory tests regarding that patient to any other designated physician or hospital provided, however, that such records concerning the treatment of an infant patient for venereal disease or the performance of an abortion operation upon such infant patient shall not be released or in any manner be made available to the parent or guardian of such infant, and provided, further, that original mammograms, rather than copies thereof, shall be released and delivered. Either the physician or hospital incurring the expense of providing copies of x-rays, medical records and test records including all laboratory tests pursuant to the provisions of this section may impose a reasonable charge to be paid by the person requesting the release and deliverance of such records as reimbursement for such expenses, provided, however, that the physician or hospital may not impose a charge for copying an original mammogram when the original
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05976-01-7
A. 1925 2
has been released or delivered to any competent patient, parent or guardian of an infant, a guardian appointed pursuant to article eighty-one of the mental hygiene law, or a conservator of a conservatee and provided, further, that any charge for delivering an original mammogram pursuant to this section shall not exceed the documented costs associated therewith. However, the reasonable charge for paper copies shall not exceed seventy-five cents per page and the reasonable charge for copies provided in an electronic format shall be the lesser of either seventy-five cents per page or a total of one hundred dollars. A release of records under this section shall not be denied solely because of inability to pay.
§ 2. Paragraph (e) of subdivision 2 of section 18 of the public health law, as amended by chapter 576 of the laws of 1998, is amended to read as follows:
(e) The provider may impose a reasonable charge for all inspections and copies, not exceeding the costs incurred by such provider, provided, however, that a provider may not impose a charge for copying an original mammogram when the original has been furnished to any qualified person and provided, further, that any charge for furnishing an original mammogram pursuant to this section shall not exceed the documented costs associated therewith. However, the reasonable charge for paper copies shall not exceed seventy-five cents per page and the reasonable charge for copies provided in an electronic format shall be the lesser of either seventy-five cents per page or a total of one hundred dollars. A qualified person shall not be denied access to patient information solely because of inability to pay.
§ 3. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.