S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6078
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               May 11, 2017
                                ___________
 
 Introduced  by  Sen. VALESKY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Health
 
 AN ACT to amend the public health law and the  mental  hygiene  law,  in
   relation to health record access for a government benefit or program
 
   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
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11636-02-7

 S. 6078                             2
 
 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. A release of records under this
 section shall not be denied solely  because  of  inability  to  pay.  NO
 CHARGE  MAY  BE  IMPOSED UNDER THIS SECTION FOR PROVIDING, RELEASING, OR
 DELIVERING MEDICAL RECORDS OR COPIES OF MEDICAL RECORDS WHERE  REQUESTED
 FOR  THE  PURPOSE  OF SUPPORTING AN APPLICATION, CLAIM OR APPEAL FOR ANY
 GOVERNMENT BENEFIT OR PROGRAM, PROVIDED THAT, WHERE A PROVIDER MAINTAINS
 MEDICAL RECORDS IN ELECTRONIC FORM, IT SHALL PROVIDE THE COPY IN  EITHER
 ELECTRONIC  OR  PAPER  FORM,  AS  REQUIRED  BY THE GOVERNMENT BENEFIT OR
 PROGRAM, OR AT THE PATIENT'S REQUEST.
   § 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. A qualified person shall
 not be denied access to patient information solely because of  inability
 to  pay.  NO  CHARGE  MAY  BE  IMPOSED UNDER THIS SECTION FOR PROVIDING,
 RELEASING, OR DELIVERING PATIENT INFORMATION OR COPIES OF PATIENT INFOR-
 MATION WHERE REQUESTED FOR THE PURPOSE  OF  SUPPORTING  AN  APPLICATION,
 CLAIM  OR  APPEAL  FOR ANY GOVERNMENT BENEFIT OR PROGRAM, PROVIDED THAT,
 WHERE A PROVIDER MAINTAINS PATIENT INFORMATION IN  ELECTRONIC  FORM,  IT
 SHALL  PROVIDE  THE COPY IN EITHER ELECTRONIC OR PAPER FORM, AS REQUIRED
 BY THE GOVERNMENT BENEFIT OR PROGRAM, OR AT THE PATIENT'S REQUEST.
   § 3. Paragraph 6 of subdivision (b) of section  33.16  of  the  mental
 hygiene law, as amended by chapter 165 of the laws of 1991 and as renum-
 bered by chapter 233 of the laws of 1991, is amended to read as follows:
   6. The facility may impose a reasonable charge for all inspections and
 copies,  not exceeding the costs incurred by such provider. However, the
 reasonable charge for paper copies shall not exceed  seventy-five  cents
 per  page. A qualified person shall not be denied access to the clinical
 record solely because of inability to pay.  NO  CHARGE  MAY  BE  IMPOSED
 UNDER  THIS  SECTION  FOR  PROVIDING,  RELEASING, OR DELIVERING CLINICAL
 RECORDS OR COPIES OF CLINICAL RECORDS WHERE REQUESTED FOR THE PURPOSE OF
 SUPPORTING AN APPLICATION, CLAIM OR APPEAL FOR ANY GOVERNMENT BENEFIT OR
 PROGRAM, PROVIDED THAT, WHERE A PROVIDER MAINTAINS CLINICAL  RECORDS  IN
 ELECTRONIC FORM, IT SHALL PROVIDE THE COPY IN EITHER ELECTRONIC OR PAPER
 FORM,  AS  REQUIRED  BY  THE  GOVERNMENT  BENEFIT  OR PROGRAM, OR AT THE
 PATIENT'S REQUEST.
   § 4. This act shall take effect immediately.