What's happening
This bill requires health care providers closing their practice in New York to notify patients and offer transfer or return of medical records.
Why it matters
Protects patient access to vital health records. By requiring providers to notify patients before closing and offer transfer or return of records, the bill ensures patients retain control over their medical history, which is essential for continuity of care and future treatment.
Limits risk of lost or inaccessible records. The law specifically targets situations where a provider is permanently closing (not merging or being acquired), addressing scenarios most likely to result in abandoned or lost patient records.
Respects privacy and consent. The notification requirement only applies to patients who have given written permission to receive such communications, helping to maintain patient privacy and avoid unwanted contact.
Clarifies provider obligations. The bill makes clear that it doesn’t alter existing legal requirements for how long records must be kept, nor does it interfere with other patient rights to access records, thus providing legal clarity for health care providers.
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Who cares
Headline styles
Protect Patient Medical Records
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 14
1 Co-sponsor
History
- Signed chap.426
- Delivered to governor
- Returned to senate
- Passed assembly
- Ordered to third reading cal.131
- Substituted for A2349
- Referred to codes
- Delivered to assembly
- Passed senateVote 62–0
- Advanced to third reading
- 2nd report cal.
- 1st report cal.1106
Show 1 earlier action
- 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 Records Transfers
Assembly Floor Calendar · Sponsor N. Nick Perry
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5367
2019-2020 Regular Sessions
IN SENATE
April 29, 2019
Introduced by Sen. COMRIE -- read twice and ordered printed, and when printed to be committed 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
S. 5367 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.
Sponsor's memo
Title of bill
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
Purpose
This bill establishes requirement for orderly transfer of medical records, if a physician closes an office, this bill makes it clear that failure to comply with law regarding patient access to his or her own records would be in violation of what is generally accepted reasonable expectation, an expectation to control the information about an individ- ual's own health, and in the event a patient is not granted access to their medical records the health commissioner would be empowered to take emergency action to require new tests if the failure to release records timely poses a health threat to individual patients.
Summary of provisions
Section one of the bill adds paragraph (j) to subdivision 1 of § 18 of the public health law to define "cease to do business in this state."
Read the full memo (646 words)
Section two of the bill adds subdivision 13 to § 18 of the public health law. Paragraph (a) requires that when a health care provider that has possession of patient information has decided to permanently cease to do business in this state, that thirty days prior to taking such action the health care provider make a good faith effort to notify their current patients of the impending closure and of the patient's right to request their patient information or medical records be sent to the health care provider, facility, or practitioner of their choice or returned to the patient.
Paragraph (b) affirms that the provisions of this subdivision shall not affect any of the rights provided pursuant to section seventeen which concerns the release of medical records.
Paragraph (c) provides that nothing in this section shall affect the time period that a health care provider is lawfully required to retain a patient's information and medical records.
Paragraph (d) states that the provisions of this subdivision shall apply only to patients whose chart include the patient's written permission to be notified.
Section three of the bill provides the effective date.
Justification
When a patient visits their doctor, the patient is the consumer of the doctor's services and when such a doctor determines to no longer contin- ue their practice, his or her patients have a reasonable expectation the information and medical records that the doctor has compiled over the course of taking care of the patient will be available to the patient or be transferred in accordance with the patient's wishes.
However, obtaining access to that information can be difficult after a provider has ceased operations. Although health care providers in New York State are required to keep medical records for a minimum of six years, trying to locate contact information from a provider who has closed their practice can be burdensome.
This legislation would make it less likely that New Yorkers will have to encounter such difficulties by requiring that they be sent a notifica- tion that their health care provider intends to cease to do business and about their right to request that their patient information or medical records be sent to the healthcare provider, facility, or practitioner of their choice or that those records be returned to them. This legislation also addresses patient privacy concerns by requiring that a patient consent to have the aforementioned notification sent to them. In receiv- ing this notification, New Yorkers will be provided the opportunity to make a determination as to how they want their medical records managed.
Legislative history
2017-2018: A.6847-A - Referred to Health 2015-2016: A.6677 - Referred to Health 2013-2014: A.8080-A - Referred to Health 2012: A.1076 1 - Referred to Health
Fiscal implications
It is not anticipated that this legislation will have any significant fiscal impact on the state.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.