What's happening
This bill requires physicians and hospitals to transfer medical records within sixty days of a written request.
Why it matters
Strengthens patient rights. By strictly requiring records to be transferred within sixty days, patients have clearer, enforceable access to their medical information, which is crucial for continuity of care or seeking second opinions.
Creates accountability for providers. The bill amends education law to explicitly make failing to transfer records a professional misconduct offense, potentially subjecting physicians and hospitals to disciplinary action if they do not comply.
Reduces administrative delays. Faster, defined timelines for record release can help prevent treatment delays, insurance issues, and complications when patients switch providers or need documentation for government programs.
Supports vulnerable populations. The law maintains prohibitions on charging for records needed for government benefit applications and ensures inability to pay does not block access, helping those in financial hardship or involved in public health programs.
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Who cares
Headline styles
Speed Up Medical Record Transfers
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- 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.
Speed Up Medical Records
In Senate Committee · Health · Sponsor Toby Ann Stavisky
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
9577
IN ASSEMBLY
January 24, 2020
Introduced by M. of A. D. ROSENTHAL -- read once and referred to the Committee on Health
AN ACT to amend the public health law and the education law, in relation to requiring the transfer of medical records within sixty days of written request
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 322 of the laws of 2017, 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, within sixty calendar days, 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 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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14323-01-9
A. 9577 2
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. A release of records under this section shall not be denied solely because of inability to pay. No charge may be imposed under this section for providing, releasing, or delivering medical records or copies of medical records where requested for the purpose of supporting an application, claim or appeal for any government benefit or program, provided that, where a provider maintains medical records in electronic form, it shall provide the copy in either electronic or paper form, as required by the government benefit or program, or at the patient's request.
§ 2. Section 6530 of the education law is amended by adding a new subdivision 51 to read as follows:
51. Failing to release and deliver copies of x-rays, medical records and test records within sixty calendar days of written request pursuant to section seventeen of the public health law.
§ 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.