S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4600
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 3, 2017
                                ___________
 
 Introduced  by  M.  of  A.  ENGLEBRIGHT -- read once and referred 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;
   §  2. The public health law is amended by adding a new section 18-b to
 read as follows:
   § 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 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 SECTION SEVENTEEN OR EIGH-
 TEEN  OF  THIS  ARTICLE,  SUCH SECTION EIGHTEEN AS ADDED BY CHAPTER FOUR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD03729-01-7

 A. 4600                             2
 
 HUNDRED NINETY-SEVEN OF THE LAWS OF NINETEEN HUNDRED  EIGHTY-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.  NO ASSESSMENT SHALL BE MADE AGAINST A
 HEALTH  CARE  PROVIDER, HEALTH CARE FACILITY OR HEALTH CARE PRACTITIONER
 IN ANY CASE WHERE SUCH PERSON OR ENTITY CAN DEMONSTRATE TO  THE  COMMIS-
 SIONER THAT A GOOD FAITH EFFORT TO CONTACT THE PATIENT WITH SCREENING OR
 TEST RESULTS WAS MADE PRIOR TO THE ELAPSE OF SUCH SIX MONTH PERIOD.
   § 3. This act shall take effect immediately.