S T A T E   O F   N E W   Y O R K
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                                  7161

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             April 27, 2015
                               ___________

Introduced  by  M.  of  A.  CYMBROWITZ  -- read once and referred to the
  Committee on Health

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) "PERMANENTLY CEASE TO DO BUSINESS IN THIS STATE"  SHALL  MEAN  ANY
CASE  WHERE  A HEALTH CARE PROVIDER, HEALTH CARE FACILITY OR HEALTH CARE
PRACTITIONER WHO HAS ENGAGED IN AN ON-GOING PRACTICE OR BUSINESS  WITHIN
THIS  STATE,  PERMANENTLY  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, HEALTH CARE FACILITY OR HEALTH CARE PRACTITIONER
AND HE OR SHE CONTINUES TO  PROVIDE  SERVICES  INCLUDING  MEDICAL  CARE,
DIAGNOSIS  OR TREATMENT TO PATIENTS ON A MORE THAN HALF-TIME BASIS AS AN
EMPLOYEE, CONTRACTOR, OR OWNER OF THE MERGED, CONSOLIDATED, COMBINED, OR
ACQUIRING HEALTH CARE PROVIDER OR HEALTH CARE FACILITY.
  (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.
                                                           LBD03765-03-5
              

A. 7161                             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,  AND SECTION SEVENTEEN OF THIS TITLE, THAT IS PLAN-
NING TO PERMANENTLY 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.
  (F)  "ACTIVELY  PRACTICE"  SHALL  MEAN  A  HEALTH CARE PRACTITIONER OR
HEALTH CARE PROVIDER THAT WORKS MORE THAN HALF-TIME.
  2. A HEALTH CARE PROVIDER, HEALTH CARE FACILITY OR HEALTH CARE PRACTI-
TIONER THAT HAS IN ITS POSSESSION PATIENT INFORMATION 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 PERMANENTLY CEASE OPERATIONS OR
ACTIVELY PRACTICE 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 HEALTH CARE PROVIDER, HEALTH
CARE FACILITY, HEALTH CARE  PRACTITIONER,  OR  FURNISH  A  COPY  TO  THE
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, HEALTH CARE FACILITY OR HEALTH CARE
PRACTITIONER DETERMINES TO PERMANENTLY CEASE TO DO BUSINESS OR  ACTIVELY
PRACTICE IN THIS STATE AS A RESULT OF ILLNESS, INJURY OR DEATH.
  3.    WITHIN  TEN  DAYS  OF  BEING NOTIFIED BY A HEALTH CARE PROVIDER,
HEALTH CARE FACILITY OR HEALTH CARE  PRACTITIONER  OF  THE  HEALTH  CARE
PROVIDER'S,  HEALTH CARE FACILITY'S OR HEALTH CARE PRACTITIONER'S DETER-
MINATION TO PERMANENTLY CEASE TO DO BUSINESS  OR  ACTIVELY  PRACTICE  IN
THIS STATE, THE COMMISSIONER SHALL PRESCRIBE THE REQUIREMENTS FOR TRANS-
FER  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 PERMANENTLY CEASES TO DO BUSI-
NESS OR ACTIVELY PRACTICE IN THIS  STATE,  FOR  THE  COMPLETION  OF  THE
TRANSFER,  AND  (B)  A  PLAN FOR NOTIFYING PATIENTS THAT THE HEALTH CARE
PROVIDER, HEALTH CARE FACILITY OR HEALTH CARE PRACTITIONER IS PERMANENT-
LY CEASING TO DO BUSINESS OR ACTIVELY PRACTICE IN THIS STATE AND INFORM-
ING 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 PERMANENTLY CEASE TO DO BUSINESS IN
THIS STATE OR ACTIVELY PRACTICE IN THIS STATE WAS MADE AS  A  RESULT  OF

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ILLNESS,  INJURY  OR  DEATH  THE COMMISSIONER SHALL WORK WITH THE HEALTH
CARE PROVIDER, HEALTH CARE FACILITY  OR  HEALTH  CARE  PRACTITIONER,  OR
WHERE  APPROPRIATE THE HEALTH CARE PROVIDER'S, HEALTH CARE FACILITY'S OR
HEALTH  CARE  PRACTITIONER'S  REPRESENTATIVE,  TO  FACILITATE  NOTICE TO
PATIENTS OF THE HEALTH CARE PROVIDER, HEALTH  CARE  FACILITY  OR  HEALTH
CARE  PRACTITIONER  OF  HIS  OR  HER DECISION TO PERMANENTLY CEASE TO DO
BUSINESS OR ACTIVELY PRACTICE IN THIS STATE AND THE TRANSFER OF  PATIENT
MEDICAL  RECORDS TO THE PATIENT OR THE HEALTH CARE PROVIDER, HEALTH CARE
FACILITY, OR HEALTH CARE PRACTITIONER REQUESTED  BY  SUCH  PATIENT.  THE
COMMISSIONER  SHALL  ENSURE THAT PATIENT MEDICAL RECORDS ARE TRANSFERRED
IN A TIMELY MANNER AND SHALL NOT EXCEED ONE  HUNDRED  SIXTY  DAYS  AFTER
BEING NOTIFIED OF THE DECISION TO CEASE TO DO BUSINESS IN THIS STATE.
  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
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 HEALTH CARE PROVIDER, HEALTH CARE FACILITY OR  HEALTH  CARE  PRACTI-
TIONER  SHALL  NOT  BE ASSESSED A PENALTY UNDER THIS SUBDIVISION OF MORE
THAN THIRTY THOUSAND DOLLARS.  AN AGGRIEVED HEALTH CARE PROVIDER, HEALTH
CARE FACILITY OR HEALTH CARE 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.

A. 7161                             4

  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, HEALTH CARE FACILITY OR HEALTH CARE PRACTI-
TIONER IS REQUIRED TO RETAIN A PATIENT'S MEDICAL INFORMATION AND MEDICAL
RECORDS.
  S 3. This act shall take effect immediately.