What's happening
This bill requires health care providers closing their practice in New York to notify patients and facilitate the transfer of their medical records.
Why it matters
Ensures patient access to medical records during practice closures by requiring providers to notify patients and facilitate record transfer or return. This helps patients avoid interruption in care and provides continuity if they need to seek treatment elsewhere.
Defines ‘cease to do business’ to clarify which providers must comply. , excluding those who simply merge or are acquired and continue seeing patients, targeting only true closures that could otherwise leave patients without access to their records.
Establishes a minimum 30-day notification period before closure. , giving patients advance warning and time to arrange for their records, which can be critical for ongoing treatment or emergencies.
Limits notifications to patients who have given written permission to be contacted. , balancing privacy concerns and administrative burdens with patients’ right to information.
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Who cares
Headline styles
Protect Patient Records Transfers
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Substituted by S5367
- Advanced to third reading cal.131
- Reported
- Reported referred to codes
- 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.
Protect Patient Medical Records
Signed by Governor · Sponsor Leroy Comrie
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2349
2019-2020 Regular Sessions
IN ASSEMBLY
January 22, 2019
Introduced by M. of A. PERRY -- read once and referred to the Committee on Health
AN ACT to amend the public health law, in relation to the transfer of patient medical records upon the closure of a health care provider's office
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 1 of section 18 of the public health law, as added by chapter 497 of the laws of 1986, is amended by adding a new paragraph (j) to read as follows:
(j) "Cease to do business in this state" shall mean any case where a health care provider who has engaged in an on-going practice or business within this state as a health care provider, ceases to engage in such business, provided however, that this term shall not include a health care practitioner whose practice is merged, consolidated, combined, or acquired by another health care provider and he or she continues to provide services including medical care, diagnosis or treatment to patients as an employee, contractor, or owner of the merged, consolidated, combined, or acquired health care provider.
§ 2. Section 18 of the public health law, as added by chapter 497 of the laws of 1986, is amended by adding a new subdivision 13 to read as follows:
13. (a) A health care provider which has in its possession patient information and/or patient medical records and which has determined to permanently cease to do business or practice in this state shall, at least thirty days prior to such action, make a good faith effort to notify each of the health care provider's current patients that the office will be closing and to inform each such patient of his or her right to request that his or her patient information and/or patient medical records be sent to a health care provider, health care facility
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06968-01-9
A. 2349 2
or health care practitioner of the patient's choosing or, alternatively, that such information and records be returned to the patient.
(b) The provisions of this subdivision shall not affect any rights afforded pursuant to section seventeen of this title.
(c) Nothing in this subdivision shall affect the period of time that a health care provider is lawfully required to retain a patient's medical information and medical records.
(d) The provisions of this subdivision shall only apply with respect to a patient whose chart includes written permission to receive the notification described in paragraph (a) of this subdivision.
§ 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.