S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2349
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 22, 2019
                                ___________
 
 Introduced  by M. of A. PERRY -- read once and referred to the Committee
   on Health
 
 AN ACT to amend the public health law, in relation to  the  transfer  of
   patient  medical  records upon the closure of a health care provider's
   office
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  1 of section 18 of the public health law, as
 added by chapter 497 of the laws of 1986, is amended  by  adding  a  new
 paragraph (j) to read as follows:
   (J)  "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 ACQUIRED HEALTH CARE PROVIDER.
   § 2. Section 18 of the public health law, as added by chapter  497  of
 the  laws  of 1986, is amended by adding a new subdivision 13 to read as
 follows:
   13. (A) A HEALTH CARE PROVIDER WHICH HAS  IN  ITS  POSSESSION  PATIENT
 INFORMATION  AND/OR  PATIENT MEDICAL RECORDS AND WHICH HAS DETERMINED TO
 PERMANENTLY CEASE TO DO BUSINESS OR PRACTICE IN  THIS  STATE  SHALL,  AT
 LEAST  THIRTY  DAYS  PRIOR  TO  SUCH ACTION, MAKE A GOOD FAITH EFFORT TO
 NOTIFY EACH OF THE HEALTH CARE  PROVIDER'S  CURRENT  PATIENTS  THAT  THE
 OFFICE  WILL  BE  CLOSING  AND TO INFORM EACH SUCH PATIENT OF HIS OR HER
 RIGHT TO REQUEST THAT HIS OR  HER  PATIENT  INFORMATION  AND/OR  PATIENT
 MEDICAL  RECORDS BE SENT TO A HEALTH CARE PROVIDER, HEALTH CARE FACILITY
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06968-01-9
              

 A. 2349                             2
 
 OR HEALTH CARE PRACTITIONER OF THE PATIENT'S CHOOSING OR, ALTERNATIVELY,
 THAT SUCH INFORMATION AND RECORDS BE RETURNED TO THE PATIENT.
   (B)  THE  PROVISIONS  OF  THIS SUBDIVISION SHALL NOT AFFECT ANY RIGHTS
 AFFORDED PURSUANT TO SECTION SEVENTEEN OF THIS TITLE.
   (C) NOTHING IN THIS SUBDIVISION SHALL AFFECT THE PERIOD OF TIME THAT A
 HEALTH CARE PROVIDER IS LAWFULLY REQUIRED TO RETAIN A PATIENT'S  MEDICAL
 INFORMATION AND MEDICAL RECORDS.
   (D)  THE  PROVISIONS OF THIS SUBDIVISION SHALL ONLY APPLY WITH RESPECT
 TO A PATIENT WHOSE CHART INCLUDES  WRITTEN  PERMISSION  TO  RECEIVE  THE
 NOTIFICATION DESCRIBED IN PARAGRAPH (A) OF THIS SUBDIVISION.
   § 3. This act shall take effect immediately.