What's happening
This bill requires health providers ceasing operations or transferring ownership to notify the state and ensure proper transfer of patient medical records.
Why it matters
Ensures patient access to medical records during healthcare transitions. By requiring providers to submit a formal plan for transferring records when closing or changing ownership, the bill helps prevent disruptions in patient care and ensures individuals retain access to their health information.
State oversight to protect public health. The Department of Health gains authority to review and approve providers’ record-transfer plans, creating accountability and helping prevent records from being lost, mishandled, or inaccessible during organizational changes.
Special safeguards for time-sensitive medical needs. If a delay in releasing records could endanger a patient’s health (for example, if more than six months has elapsed since their last screening or test), the state can order new medical tests and recover costs from non-compliant providers, ensuring urgent care is not compromised.
Incentivizes compliance and good-faith efforts. Providers who can show they made genuine attempts to contact patients about test results before a six-month lapse are protected from financial penalties, encouraging proactive communication and responsible handling of patient information.
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Who cares
Headline styles
Require Timely Medical Record Transfer
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to higher education
- Referred to higher education
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4600
2017-2018 Regular Sessions
IN ASSEMBLY
February 3, 2017
Introduced by M. of A. ENGLEBRIGHT -- read once and referred to the Committee on Higher Education
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 Assembly, do enact as follows:
Section 1. Subdivision 40 of section 6530 of the education law, as added by chapter 606 of the laws of 1991, is amended to read as follows:
40. Failing to provide access by qualified persons to patient information in accordance with the standards set forth in [section] sections seventeen and eighteen of the public health law, such section eighteen as added by chapter [497] four hundred ninety-seven of the laws of [1986] nineteen hundred eighty-six;
§ 2. The public health law is amended by adding a new section 18-b to read as follows:
§ 18-b. Requirement for transfer of information. 1. A health care provider, health care facility or health care practitioner, as such terms are defined in section eighteen of this article, which has in its possession patient information as such term is defined in such section, and which has determined to cease to do business or which is transferring its ownership or otherwise interrupting its services for a permanent or extended period shall, at least sixty days prior to such action, notify the commissioner of its intent and shall 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 commissioner shall prescribe the form of such plan, the requirements for transfer, and the manner of required notification.
2. If the commissioner shall determine that the failure of any such health care provider, health care facility or health care practitioner to timely release medical records pursuant to section seventeen or eighteen of this article, such section eighteen as added by chapter four
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03729-01-7
A. 4600 2
hundred ninety-seven of the laws of nineteen hundred eighty-six, shall have 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. In order to expedite such tests, the commissioner may order payment for such tests from any account under the control of the department, and shall assess any such health care provider, health care facility or health care practitioner who failed to timely release medical records for the expenses. No assessment shall be made against a health care provider, health care facility or health care practitioner in any case where such person or entity can demonstrate to the commissioner that a good faith effort to contact the patient with screening or test results was made prior to the elapse of such six month period.
§ 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.