S T A T E   O F   N E W   Y O R K
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                                  1474

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 12, 2015
                               ___________

Introduced  by  M. of A. MONTESANO, DiPIETRO, WALTER, SALADINO, PALUMBO,
  FINCH, SIMOTAS -- Multi-Sponsored by --  M.  of  A.  BARCLAY,  GIGLIO,
  McLAUGHLIN,  SIMANOWITZ,  THIELE  --  read  once  and  referred to the
  Committee on Health

AN ACT to amend the public health law, in relation to  establishing  the
  reasonable charge for electronic copies of medical records and patient
  information

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The first undesignated  paragraph  of  section  17  of  the
public  health  law,  as  amended by chapter 576 of the laws of 1998, 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 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 hospi-
tal 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 incur-
ring 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02389-01-5
              

A. 1474                             2

has been released or delivered to any competent patient, parent or guar-
dian 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 to this section shall not exceed the documented  costs  associ-
ated  therewith.  However,  the reasonable charge for paper copies shall
not exceed seventy-five cents per page AND  THE  REASONABLE  CHARGE  FOR
COPIES  PROVIDED  IN  AN ELECTRONIC FORMAT SHALL BE THE LESSER OF EITHER
SEVENTY-FIVE CENTS PER PAGE OR A  TOTAL  OF  ONE  HUNDRED  DOLLARS.    A
release of records under this section shall not be denied solely because
of inability to pay.
  S 2. Paragraph (e) of subdivision 2 of section 18 of the public health
law,  as  amended by chapter 576 of the laws of 1998, is amended to read
as follows:
  (e) The provider may impose a reasonable charge  for  all  inspections
and copies, not exceeding the costs incurred by such provider, provided,
however, that a provider may not impose a charge for copying an original
mammogram  when  the original has been furnished to any qualified person
and provided, further, that any charge for furnishing an original mammo-
gram pursuant 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 AND THE  REASONABLE  CHARGE
FOR  COPIES  PROVIDED  IN  AN  ELECTRONIC  FORMAT SHALL BE THE LESSER OF
EITHER SEVENTY-FIVE CENTS PER PAGE OR A TOTAL OF ONE HUNDRED DOLLARS.  A
qualified person shall not be denied access to patient information sole-
ly because of inability to pay.
  S 3. This act shall take effect immediately.