S T A T E   O F   N E W   Y O R K
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                                   6847
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 22, 2017
                                ___________
 
 Introduced  by M. of A. PERRY -- 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;
   §  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.  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,
 HEALTH  CARE  FACILITY  OR  HEALTH  CARE PRACTITIONER, AS SUCH TERMS ARE
 DEFINED IN SECTION EIGHTEEN OF THIS  TITLE,  SUCH  SECTION  EIGHTEEN  AS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD06423-01-7

 A. 6847                             2
 
 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
 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

 A. 6847                             3
 
 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.
   § 3. This act shall take effect immediately.