What's happening
This bill requires health care providers closing or transferring ownership to notify the state and provide a plan for transferring patient medical records.
Why it matters
Protects patient access to medical records. during provider closures or ownership transfers, reducing risks of lost or inaccessible health information that could disrupt ongoing care.
Requires providers to submit a formal plan. for the transfer of patient records to the state at least 60 days in advance, allowing state oversight and intervention if patient health could be jeopardized.
Empowers the health commissioner. to order and pay for new medical tests if delays in releasing records threaten patient health, and allows the state to recover those costs from providers who failed to comply—creating strong incentives for timely record handling.
Includes a safeguard for providers. who genuinely attempt to notify patients, so that penalties are not imposed if a good faith effort to share critical results is demonstrated, balancing patient protection with provider fairness.
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Health care providers, facilities and practitioners
Those closing, transferring ownership or interrupting services for a permanent or extended period would have to notify the health commissioner at least 60 days beforehand and submit a patient-record transfer plan.
Patients awaiting medical records
If delayed records threaten their health because more than six months have elapsed since a screening or test, the commissioner could order new tests.
New York State Department of Health
The commissioner would set transfer-plan and notification requirements and could advance payment for new tests, assessing costs against providers that failed to release records on time unless they demonstrate qualifying good-faith efforts to contact patients.
Physicians subject to professional discipline
The bill would expand the patient-information access standards covered by the professional misconduct provision to include section 17 of the Public Health Law.
Headline styles
Protect Patient Medical Records
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
4729
2019-2020 Regular Sessions
IN ASSEMBLY
February 5, 2019
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 title, 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 title, such section eighteen as added by chapter four
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08447-01-9
A. 4729 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.