NY State Senate Bill 2009-S2188

Senate Bill S2188

2009-2010 Legislative Session

Relates to requirements for the transfer of patient medical records in certain circumstances

download bill text pdf

Archive: Last Bill Status - In Senate Committee Higher Education Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to higher education
Feb 13, 2009	referred to higher education

2009-S2188 (ACTIVE) - Details

Current Committee:: Senate Higher Education
Law Section:: Education Law
Laws Affected:: Amd §6530, Ed L; add §18-b, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S2215
2013-2014: S4174
2015-2016: S3398

2009-S2188 (ACTIVE) - Summary

Requires a health care provider or facility 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 to, at least sixty days prior to such action, notify the commissioner of health of its intent and shall provide a copy of its plan for transfer of patient records to another provider, facility or practitioner.

2009-S2188 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S2188

 TITLE OF BILL :

An act to amend the education law and the public health law, in
relation to the transfer of patient medical records in certain
circumstances

 PURPOSE OR GENERAL IDEA OF BILL :

This bill establishes requirement for orderly transfer of medical
records, if a physician closes an office, makes it clear that failure
to comply with law regarding patient access to his or her own records
is misconduct, and allows the health commissioner to take emergency
action to require new tests if the failure to release records timely
poses a health threat to individual patients.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1. Amends subdivision 40 of section 6530 of the education law,
make it clear that failure to provide access to records, as required
by sections 17 and 18 of the public health law, is misconduct.

Section 2. Adds a new subdivision 18-b to the public health law, to
require that a health care provider, health care facility, or health
care practitioner, which is ceasing to do business or which is

transferring its ownership or otherwise interrupting its services for
a permanent or extended period must notify the commissioner of its
intent at least sixty days prior, and 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 new section requires the commissioner to prescribe the form of
such plan, the requirements for transfer, and the manner of required
notification.

A second provision of this new subdivision states that if the health
commissioner determines that the failure of any such health care
provider, health care facility, or health care practitioner to timely
release medical records pursuant to law has 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.
The language allows the commissioner to advance the costs of these
tests and to assess the costs against the provider who failed to
comply with law.

 JUSTIFICATION :

The bill closes a loophole to provide for continuous custody of
medical records. We have unfortunately seen situations in which a
provider determines to cease operations and fails to provide for
appropriate transfer of records, and fails to give the records to
patients who have asked for them. There is no provision in law to
allow for new tests in a situation in which the records cease to be
relevant to the patient's health care situation.

 PRIOR LEGISLATIVE HISTORY :

2008:  S.6638 - Referred to Higher Education

 FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS :

None.

 EFFECTIVE DATE :
Immediately.

2009-S2188 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2188

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 13, 2009
                               ___________

Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
  printed to be committed 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  ASSEM-
BLY, 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 informa-
tion 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;
  S  2. The public health law is amended by adding a new section 18-b to
read as follows:
  S 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  TRANS-
FERRING  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, FACILI-
TY, 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 OF HEALTH 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 SECTIONS
SEVENTEEN OR EIGHTEEN OF THIS ARTICLE, SUCH SECTION EIGHTEEN AS ADDED BY

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07828-01-9

S. 2188                             2

CHAPTER FOUR HUNDRED NINETY-SEVEN OF THE LAWS OF NINETEEN HUNDRED EIGHT-
Y-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.
  S 3. This act shall take effect immediately.

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