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

                                 8080--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              June 18, 2013
                               ___________

Introduced  by M. of A. PERRY -- read once and referred to the Committee
  on Health -- recommitted to the Committee on Health in accordance with
  Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee

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.  DEFINITIONS.  FOR
THE  PURPOSES OF THIS SECTION THE FOLLOWING TERMS SHALL HAVE THE FOLLOW-
ING MEANINGS:
  (A) "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,  CONSOL-
IDATED, COMBINED, OR ACQUIRING HEALTH CARE PROVIDER.
  (B)  "FAILURE  TO  PROVIDE  ACCESS  TO  MEDICAL INFORMATION OR MEDICAL
RECORDS" SHALL MEAN ANY  CIRCUMSTANCE  WHERE  A  HEALTH  CARE  PROVIDER,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01923-18-4
              

A. 8080--A                          2

HEALTH  CARE  FACILITY  OR  HEALTH  CARE PRACTITIONER, AS SUCH TERMS ARE
DEFINED IN SECTION EIGHTEEN OF THIS  TITLE,  SUCH  SECTION  EIGHTEEN  AS
ADDED  BY  CHAPTER  FOUR  HUNDRED  NINETY-SEVEN  OF THE LAWS OF NINETEEN
HUNDRED  EIGHTY-SIX,  THAT  IS  PLANNING  TO CEASE TO DO BUSINESS IN THE
STATE AND FAILS TO ACT IN ACCORDANCE TO THE REQUIREMENTS  PRESCRIBED  BY
THE  COMMISSIONER  FOR  TRANSFER  OF PATIENT INFORMATION AS SUCH TERM IS
DEFINED IN SUCH SECTION  EIGHTEEN  OF  THIS  TITLE  OR  PATIENT  MEDICAL
RECORDS AS DESCRIBED IN SECTION SEVENTEEN OF THIS TITLE.
  (C)  "HEALTH  CARE PROVIDER," "HEALTH CARE FACILITY," AND "HEALTH CARE
PRACTITIONER" SHALL HAVE THE SAME MEANING AS IN SECTION EIGHTEEN OF THIS
TITLE, AS ADDED BY CHAPTER FOUR HUNDRED  NINETY-SEVEN  OF  THE  LAWS  OF
NINETEEN HUNDRED EIGHTY-SIX.
  (D)  "PATIENT  INFORMATION"  SHALL HAVE THE SAME MEANING AS IN SECTION
EIGHTEEN OF THIS TITLE, AS ADDED BY CHAPTER FOUR HUNDRED NINETY-SEVEN OF
THE LAWS OF NINETEEN HUNDRED EIGHTY-SIX.
  (E) "PATIENT MEDICAL RECORDS" SHALL MEAN THE RECORDS THAT, UPON  WRIT-
TEN  REQUEST  BY A 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, ARE REQUIRED TO BE PROVIDED TO A
PHYSICIAN OR HOSPITAL PURSUANT TO SECTION SEVENTEEN OF THIS TITLE.
  2. A HEALTH CARE PROVIDER WHICH HAS IN ITS POSSESSION PATIENT INFORMA-
TION OR PATIENT MEDICAL RECORDS AND WHICH HAS DETERMINED TO  PERMANENTLY
CEASE  TO  DO  BUSINESS  OR PRACTICE IN THIS STATE SHALL, AT LEAST SIXTY
DAYS PRIOR TO SUCH ACTION, NOTIFY THE  COMMISSIONER  OF  ITS  INTENT  TO
CEASE OPERATIONS IN THIS STATE, IN THE FORM AND MANNER PRESCRIBED BY THE
COMMISSIONER,  AND  SHALL  PROVIDE  A  COPY OF ITS PLAN, IN THE FORM AND
MANNER PRESCRIBED BY THE COMMISSIONER, FOR TRANSFER OF PATIENT  INFORMA-
TION  OR  PATIENT MEDICAL RECORDS TO ANOTHER PROVIDER, FACILITY, PRACTI-
TIONER OR PATIENT, AS REQUESTED BY THE PATIENT OR REQUIRED  PURSUANT  TO
LAW.    THE  SIXTY  DAY REQUIREMENT FOR NOTIFICATION TO THE COMMISSIONER
SHALL BE WAIVED IF A HEALTH CARE PROVIDER  DETERMINES  TO  CEASE  TO  DO
BUSINESS  OR  PRACTICE  IN  THIS STATE AS A RESULT OF ILLNESS, INJURY OR
DEATH.
  3.  WITHIN TEN DAYS OF BEING NOTIFIED BY A HEALTH CARE PROVIDER OF THE
PROVIDER'S DETERMINATION TO CEASE TO DO BUSINESS  OR  PRACTICE  IN  THIS
STATE, THE COMMISSIONER SHALL PRESCRIBE THE REQUIREMENTS FOR TRANSFER OF
PATIENT  INFORMATION  AND  PATIENT  MEDICAL  RECORDS, PROVIDED THAT SUCH
REQUIREMENTS SHALL INCLUDE (A) A MAXIMUM PERIOD OF TIME, NOT  TO  EXCEED
SIXTY  DAYS  FROM  THE  DATE  THAT THE HEALTH CARE PROVIDER, HEALTH CARE
FACILITY OR HEALTH CARE PRACTITIONER CEASES TO PRACTICE TO  DO  BUSINESS
IN  THIS  STATE,  FOR THE COMPLETION OF THE TRANSFER, AND (B) A PLAN FOR
NOTIFYING PATIENTS OF THE CLOSURE OR CESSATION OF DOING BUSINESS IN  NEW
YORK AND INFORMING SUCH PATIENTS OF THEIR RIGHT TO REQUEST THEIR PATIENT
INFORMATION  OR  PATIENT  MEDICAL  RECORDS  BE  SENT  TO THE HEALTH CARE
PROVIDER, HEALTH CARE FACILITY OR HEALTH CARE PRACTITIONER OF HIS OR HER
CHOICE OR RETURNED TO THEMSELVES.  IF THE DETERMINATION TO CEASE  TO  DO
BUSINESS  OR  PRACTICE  IN  THIS  STATE WAS MADE AS A RESULT OF ILLNESS,
INJURY OR DEATH THE HEALTH CARE PROVIDER SHALL HAVE AN ADDITIONAL  SIXTY
DAYS TO COMPLY WITH THE PROVISIONS OF THIS SECTION.
  4.   NOTHING IN THIS SECTION SHALL AUTHORIZE THE DISCLOSURE OF PATIENT
INFORMATION OR PATIENT MEDICAL RECORDS THAT ARE PROHIBITED FROM  DISCLO-
SURE PURSUANT TO LAW.
  5.  IF THE COMMISSIONER SHALL DETERMINE THAT THE FAILURE OF ANY HEALTH
CARE PROVIDER, HEALTH CARE FACILITY,  OR  HEALTH  CARE  PRACTITIONER  TO
ADHERE  TO  THE  TERMS OF THE PLAN THAT HAS BEEN APPROVED BY THE COMMIS-
SIONER FOR THE  TRANSFER  OF  PATIENT  INFORMATION  OR  PATIENT  MEDICAL

A. 8080--A                          3

RECORDS  AND SUCH FAILURE SHALL HAVE CAUSED OR MAY CAUSE A THREAT TO THE
HEALTH OF AN INDIVIDUAL PATIENT WHO IS THE SUBJECT OF  SUCH  INFORMATION
OR  MEDICAL  RECORDS  BECAUSE  MORE  THAN SIX MONTHS HAS ELAPSED SINCE A
PRIOR  LABORATORY  TEST,  THE  RESULTS  OF  WHICH  ARE  CONTAINED IN THE
PATIENT'S INFORMATION OR MEDICAL RECORDS, THE COMMISSIONER MAY ORDER NEW
LABORATORY TESTS TO BE PERFORMED BY A PRACTITIONER CHOSEN OR APPROVED BY
THE COMMISSIONER. IN  ORDER  TO  EXPEDITE  SUCH  LABORATORY  TESTS,  THE
COMMISSIONER  MAY  ORDER  PAYMENT  FOR  SUCH  LABORATORY  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 RELEASE THE PATIENT'S  INFORMATION  OR  PATIENT'S  MEDICAL
RECORDS IN ACCORDANCE WITH THE PLAN APPROVED BY THE COMMISSIONER FOR THE
EXPENSES  ASSOCIATED  WITH  THE  COST  OF  SUCH  LABORATORY TESTS.   FOR
PURPOSES OF THIS SUBDIVISION, THE TERM "LABORATORY TESTS" SHALL INCLUDE,
BUT NOT BE LIMITED TO, TESTS AND EXAMINATIONS ADMINISTERED  IN  CLINICAL
LABORATORIES  OR  BLOOD BANKS AS THOSE TERMS ARE DEFINED IN SECTION FIVE
HUNDRED SEVENTY-ONE OF THIS CHAPTER.
  6. IF THE COMMISSIONER SHALL DETERMINE THAT A  HEALTH  CARE  PROVIDER,
HEALTH  CARE  FACILITY  OR  HEALTH  CARE PRACTITIONER HAS WILLFULLY, AND
WITHOUT GOOD CAUSE, FAILED TO ADHERE TO THE TERMS OF THE PLAN  THAT  HAS
BEEN  APPROVED  BY THE COMMISSIONER FOR THE TRANSFER OF PATIENT INFORMA-
TION OR PATIENT MEDICAL RECORDS, THE COMMISSIONER MAY ASSESS  A  PENALTY
NOT TO EXCEED FIVE HUNDRED DOLLARS FOR EACH OF THE FIRST TWENTY FAILURES
AND TWO HUNDRED FIFTY DOLLARS FOR EACH ADDITIONAL FAILURE THEREAFTER BUT
ANY  PROVIDER,  FACILITY OR PRACTITIONER SHALL NOT BE ASSESSED A PENALTY
UNDER THIS SUBDIVISION  OF  MORE  THAN  THIRTY  THOUSAND  DOLLARS.    AN
AGGRIEVED  PROVIDER, FACILITY OR PRACTITIONER MAY APPEAL SUCH ASSESSMENT
TO THE MEDICAL RECORD ACCESS REVIEW COMMITTEES DESIGNATED BY THE COMMIS-
SIONER PURSUANT TO SUBDIVISION FOUR OF SECTION EIGHTEEN OF  THIS  TITLE,
SUCH  SECTION  AS ADDED BY CHAPTER FOUR HUNDRED NINETY-SEVEN OF THE LAWS
OF NINETEEN HUNDRED EIGHTY-SIX.
  7. THE PROVISIONS OF THIS SECTION SHALL NOT AFFECT ANY RIGHTS AFFORDED
PURSUANT TO SECTION SEVENTEEN OR SECTION EIGHTEEN OF  THIS  TITLE,  SUCH
SECTION  EIGHTEEN  AS  ADDED BY CHAPTER FOUR HUNDRED NINETY-SEVEN OF THE
LAWS OF NINETEEN HUNDRED EIGHTY-SIX.
  8. ANY ASSESSMENT MADE PURSUANT TO THIS SECTION SHALL BE  IN  ADDITION
TO ANY OTHER ASSESSMENT OR PENALTY THAT IS AUTHORIZED BY LAW.
  9.  NOTHING  IN THIS SECTION SHALL AFFECT OR EXTEND THE PERIOD OF TIME
THAT A HEALTH CARE PROVIDER IS REQUIRED TO RETAIN  A  PATIENT'S  MEDICAL
INFORMATION AND MEDICAL RECORDS.
  S 3. This act shall take effect immediately.