NY State Senate Bill 2019-S5243A

Archive: Last Bill Status - In Senate Committee Health Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to health
Jun 12, 2019	print number 5243a
Jun 12, 2019	amend and recommit to health
Apr 18, 2019	referred to health

Bill Amendments

Original

A (Active)

2019-S5243 - Details

See Assembly Version of this Bill:: A1120
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §§17 & 18, Pub Health L; amd §33.16, Ment Hyg L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S2592, A3631
2017-2018: S3445, A2869
2021-2022: S1482, A839
2023-2024: S1520, A4581

2019-S5243 - Summary

Relates to the provision of patient health information and medical records; expands the definition of medical records to include all health related records; prohibits fees for providing certain records.

2019-S5243 - Sponsor Memo

                                
 
BILL NUMBER: S5243

SPONSOR: SERRANO
 
TITLE OF BILL:  An act to amend the public health law and the mental
hygiene law, in relation to patient health information and medical
records

 
PURPOSE OR GENERAL IDEA OF BILL:

To broaden the law on consumers' access to their health and medical
records and to facilitate the transfer of such records among their
health care professionals

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends Public Health Law (PHL) § 17 relating to the transfer
of health information and medical records among health care providers,
to broaden application to licensed professionals who either maintain or
need access to such information, to make the law applicable to electron-
ic record transfers, and to eliminate charges for any record transfer
that is required for the purpose of supporting a claim or appeal for any

government benefit or program.

Sections 2 and 3 make similar amendments to PHL § 18 relating to the
transfer of health information or medical records to a patient or his or
her authorized representative. The bill expands the definition of
"health care provider" § 18. The definition also applies to § 17.

Sections 4 and 5 make similar amendments to Mental Hygiene Law § 33.16,
relating to the transfer of clinical records among mental health practi-
tioners and access for authorized patient representatives, and updates
the list of mental health practitioners accordingly.

Section 6 creates a new subdivision (1) within Mental Hygiene Law §
33.16 to connect its provisions to PHL §§ 17 and 18.

 
JUSTIFICATION:

The law on patient access to their own medical records has not been
updated since the mid-nineteen nineties. Since then, the computer and
the internet have revolutionized the storage and transfer of such
records, and the number of health care professions under obligation to
keep such records has grown. In addition, the information in those
records is now required by patients for a growing number of purposes,
including government benefit programs. Patients, who are often already
suffering from illness, injury or natural catastrophe, should not be
burdened with the cost of delivering such information when it is
required by administrative agencies.

 
PRIOR LEGISLATIVE HISTORY:

2015-2016: S.2592 - Referred to Health
2017-2018: S.3445 - Referred to Health

 
FISCAL IMPLICATIONS:

This bill would have no fiscal impact on the State or local governments.

 
EFFECTIVE DATE:
January 1 following the date on which it became law

2019-S5243 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5243
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              April 18, 2019
                                ___________
 
 Introduced  by  Sen. SERRANO -- 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 patient health information and medical records
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 17 of the public health law, as amended by  chapter
 165  of the laws of 1991, the first undesignated paragraph as amended by
 chapter 322 of the laws of 2017, is amended to read as follows:
   § 17. Release of [medical] HEALTH records TO A DESIGNATED HEALTH  CARE
 PROVIDER.   1. 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]  A
 HEALTH  CARE PROVIDER WHO HAS PROVIDED PROFESSIONAL HEALTH CARE SERVICES
 PERTAINING TO A PATIENT SHALL release and  deliver,  exclusive  of  NON-
 CLINICAL  personal notes of the [said physician or hospital] HEALTH CARE
 PROVIDER, copies of all [x-rays, medical] REQUESTED HEALTH records[  and
 test  records  including all laboratory tests] regarding that patient to
 any other designated [physician or  hospital  provided,  however,  that]
 HEALTH  CARE PROVIDER. HOWEVER, 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.  WHERE A HEALTH CARE PROVIDER MAINTAINS
 A HEALTH RECORD IN ELECTRONIC FORM, IT MAY PROVIDE THE RECORD UNDER THIS
 SECTION IN A REASONABLY USABLE ELECTRONIC FORM, AND SHALL PROVIDE IT  IN
 SUCH  FORM  IF  REQUESTED  BY THE PERSON MAKING THE REQUEST. [Either the
 physician or hospital]
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03429-02-9

 S. 5243                             2
 
   2. A HEALTH CARE PROVIDER incurring the expense of providing copies of
 [x-rays, medical] HEALTH records [and test records including all labora-
 tory 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] NOT TO EXCEED
 THE HEALTH CARE PROVIDER'S ACTUAL expenses, provided, however, that  the
 [physician or hospital] HEALTH CARE PROVIDER may not impose a charge for
 copying  an  original  mammogram  when the original has been released or
 delivered to any competent patient, parent or guardian of an  infant,  a
 guardian  appointed pursuant to article eighty-one of the mental hygiene
 law, or a conservator of a conservatee and provided, further,  that  any
 charge  for  delivering  an  original mammogram pursuant to this section
 shall not exceed the  documented  ACTUAL  costs  associated  therewith[.
 However,  the reasonable charge] WHICH 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.
   3.  WHERE  A  HEALTH  CARE  PROVIDER PROVIDES HEALTH CARE PROFESSIONAL
 SERVICES AS AN EMPLOYEE OF OR UNDER CONTRACT WITH  ANOTHER  HEALTH  CARE
 PROVIDER,  COMPLIANCE  WITH  THIS SECTION SHALL BE THE RESPONSIBILITY OF
 THE HEALTH CARE PROVIDER THAT EMPLOYS OR CONTRACTS FOR THE  SERVICES  OF
 THE  OTHER  HEALTH  CARE PROVIDER, UNLESS THE TERMS OF THE EMPLOYMENT OR
 CONTRACT  EXPLICITLY  PROVIDE  OTHERWISE.  IF  A  HEALTH  CARE  PROVIDER
 RECEIVES A REQUEST UNDER THIS SECTION AND COMPLIANCE IS THE RESPONSIBIL-
 ITY  OF  A  DIFFERENT  HEALTH  CARE PROVIDER UNDER THIS SUBDIVISION, THE
 HEALTH CARE PROVIDER RECEIVING THE REQUEST SHALL IMMEDIATELY INFORM  THE
 REQUESTING  PARTY  TO  WHICH  HEALTH CARE PROVIDER THE REQUEST SHOULD BE
 DIRECTED. No charge may be imposed under  this  section  for  providing,
 releasing, or delivering [medical] HEALTH records or copies of [medical]
 HEALTH records where requested for the purpose of supporting an applica-
 tion,  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.
   4. For the purposes of this section the [term "laboratory tests" shall
 include] FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "HEALTH RECORD" INCLUDES ANY PATIENT  INFORMATION  AS  DEFINED  IN
 SECTION  EIGHTEEN OF THIS TITLE, X-RAYS AND OTHER IMAGES, AND RECORDS OF
 LABORATORY TESTS INCLUDING but not [be] limited to  tests  and  examina-
 tions  administered  in  clinical  laboratories  or blood banks as those
 terms are defined in section five hundred seventy-one of this chapter.
   (B) "HEALTH CARE PROVIDER" AND "HEALTH  CARE  PRACTITIONER"  HAVE  THE
 SAME MEANINGS AS DEFINED IN SECTION EIGHTEEN OF THIS TITLE.
   (C) "PROFESSIONAL HEALTH CARE SERVICES" MEANS THE SERVICES OF A HEALTH
 CARE  PROVIDER  EXAMINING, ASSESSING, TREATING OR CONSULTING IN RELATION
 TO A PATIENT OR PATIENT'S CONDITION, WITHIN THE SCOPE OF PRACTICE  OF  A
 HEALTH CARE PRACTITIONER.
   § 2. Paragraphs (c), (d) and (e) of subdivision 1 of section 18 of the
 public health law, paragraphs (c) and (d) as added by chapter 497 of the
 laws of 1986, paragraph (e) as amended by chapter 2 of the laws of 1990,
 and  the closing paragraph of paragraph (e) as amended by chapter 576 of
 the laws of 1998, are amended and a new paragraph (j) is added  to  read
 as follows:
   (c)  "Health  care facility" or "facility" means a hospital as defined
 in article twenty-eight of this chapter, a home care services agency  as
 defined  in  article thirty-six of this chapter, a hospice as defined in
 article forty of this chapter,  a  health  maintenance  organization  as

 S. 5243                             3
 
 defined  in  article  forty-four  of this chapter, [and] a shared health
 facility as defined in article forty-seven of this chapter; OR AN ENTITY
 THAT PROVIDES THE HEALTH CARE PROFESSIONAL SERVICES  OF  A  HEALTH  CARE
 PROVIDER  BY  EMPLOYING  OR CONTRACTING FOR THE HEALTH CARE PROFESSIONAL
 SERVICES OF A HEALTH CARE PROVIDER.
   (d) "Health  care  practitioner"  or  "practitioner"  means  a  person
 licensed  under  article  one hundred thirty-one (MEDICINE), one hundred
 thirty-one-B (PHYSICIAN ASSISTANTS), ONE HUNDRED THIRTY-ONE-C  (SPECIAL-
 IST ASSISTANT), one hundred thirty-two (CHIROPRACTIC), one hundred thir-
 ty-three   (DENTISTRY  AND  DENTAL  HYGIENE),  ONE  HUNDRED  THIRTY-FOUR
 (LICENSED PERFUSIONISTS), one hundred thirty-six (PHYSICAL  THERAPY  AND
 PHYSICAL  THERAPY  ASSISTANTS), ONE HUNDRED THIRTY-SEVEN (PHARMACY), one
 hundred thirty-nine (NURSING), ONE HUNDRED FORTY (PROFESSIONAL MIDWIFERY
 PRACTICE), one hundred forty-one  (PODIATRY),  one  hundred  forty-three
 (OPTOMETRY), one hundred forty-four (OPHTHALMIC DISPENSING), one hundred
 fifty-three  (PSYCHOLOGY),  one  hundred  fifty-four  (SOCIAL WORK), ONE
 HUNDRED FIFTY-FIVE (MASSAGE THERAPY), one hundred fifty-six [or]  (OCCU-
 PATIONAL  THERAPY),  ONE  HUNDRED FIFTY-SEVEN (DIETETICS AND NUTRITION),
 one hundred fifty-nine (SPEECH-LANGUAGE PATHOLOGISTS  OR  AUDIOLOGISTS),
 ONE  HUNDRED SIXTY (ACUPUNCTURE), ONE HUNDRED SIXTY-TWO (ATHLETIC TRAIN-
 ERS), ONE HUNDRED SIXTY-THREE (MENTAL HEALTH PRACTITIONERS), ONE HUNDRED
 SIXTY-FOUR (RESPIRATORY THERAPISTS AND RESPIRATORY THERAPY TECHNICIANS),
 ONE HUNDRED SIXTY-FIVE (CLINICAL LABORATORY  TECHNOLOGY  PRACTICE),  ONE
 HUNDRED SIXTY-SIX (MEDICAL PHYSICS PRACTICE), OR ONE HUNDRED SIXTY-SEVEN
 (APPLIED  BEHAVIOR ANALYSIS) of the education law [or a person certified
 under section twenty-five hundred sixty of this chapter].
   (e) (I) "Patient information" or "information" means: any  information
 OR  HEALTH  RECORD  concerning  or  relating  to the examination, health
 assessment including, but not limited to, a health assessment for insur-
 ance and employment purposes [or], CONSULTING IN RELATION  TO  treatment
 of  PROVIDING  DRUGS  OR  DEVICES, OR PROVIDING PROFESSIONAL HEALTH CARE
 SERVICES PERTAINING TO an identifiable subject maintained  or  possessed
 by  a  health  care  [facility or health care practitioner who] PROVIDER
 WHICH has provided or is providing services [for assessment of a  health
 condition  including, but not limited to, a health assessment for insur-
 ance and employment purposes or has treated or is treating such subject,
 except (i)].  IT SHALL INCLUDE X-RAYS AND OTHER IMAGES, AND  RECORDS  OF
 LABORATORY  TESTS  INCLUDING  BUT  NOT 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. IT SHALL
 INCLUDE RECORDS OF CHARGES TO, AND PAYMENTS RECEIVED FROM,  THE  PATIENT
 OR  IDENTIFIABLE  SUBJECT OR ANY OTHER PARTY ON BEHALF OF THE PATIENT OR
 IDENTIFIABLE SUBJECT, FOR ANY SUCH SERVICES, DRUGS OR DEVICES.
   (II) "PATIENT INFORMATION" OR  "INFORMATION"  SHALL  NOT  INCLUDE  (A)
 information  and  clinical  records subject to the provisions of section
 [23.05 or] 33.13 of the mental hygiene  law[,  (ii)];  (B)  NON-CLINICAL
 personal  notes and observations of a health care practitioner, provided
 that such personal notes and observations are maintained by the  practi-
 tioner  and  not disclosed by the practitioner to any other person after
 January first, nineteen hundred eighty-seven[, (iii)];  (C)  information
 maintained  by a practitioner, concerning or relating to the prior exam-
 ination or treatment of a subject received  from  another  practitioner,
 provided  however, that such information may be requested by the subject
 directly from such other practitioner in accordance with the  provisions
 of this section, AND PROVIDED FURTHER THAT THIS CLAUSE DOES NOT APPLY TO
 ANY  REFERRAL,  ORDER,  AUTHORIZATION, OR PRESCRIPTION RECEIVED FROM THE

 S. 5243                             4
 
 OTHER PRACTITIONER; and [(iv)] (D) data disclosed to a  practitioner  in
 confidence  by  other  persons on the basis of an express condition that
 such data would never be disclosed to  the  subject  or  other  persons,
 provided that such data has never been disclosed to any other person. If
 at  any  time  such  personal  notes  and  observations  or such data is
 disclosed, it shall be considered patient information  for  purposes  of
 this section. For purposes of this subdivision, "disclosure to any other
 person" shall not include disclosures made to practitioners as part of a
 consultation or referral during the treatment of the subject, to persons
 reviewing information or records in the ordinary course of ensuring that
 a  provider  is in compliance with applicable quality of care, licensure
 or accreditation standards, to an employee or  official  of  a  federal,
 state or local agency for the sole purpose of conducting an audit in the
 course  of  his  or  her  official duties, to the statewide planning and
 research cooperative system, to other persons pursuant to a court order,
 to governmental agencies, insurance companies licensed pursuant  to  the
 insurance  law  and  other third parties requiring information necessary
 for payments to be made to  or  on  behalf  of  patients,  to  qualified
 researchers,  to  the  [state  board  for  professional medical conduct]
 DEPARTMENT OF HEALTH OR THE DEPARTMENT OF EDUCATION  when  such  [board]
 DEPARTMENT  requests  such  information in the exercise of its statutory
 function, to an insurance carrier insuring, or an attorney consulted by,
 a health care provider, or to a health maintenance  organization  certi-
 fied pursuant to article forty-four of this chapter or licensed pursuant
 to  the  insurance  law,  or to the committee or a court pursuant to the
 provisions of this section.
   (III) For purposes of this subdivision treatment of  a  subject  shall
 not  include  diagnostic  services,  except  mammography, performed by a
 practitioner  at  the  request  of  another  health  care   practitioner
 provided,  however,  that  such  information,  and  mammograms,  may  be
 requested by the subject directly from the practitioner at whose request
 such  diagnostic  services  were  performed,  in  accordance  with   the
 provisions of this section.
   (J) "PROFESSIONAL HEALTH CARE SERVICES" MEANS THE SERVICES OF A HEALTH
 CARE  PROVIDER  EXAMINING, ASSESSING, TREATING OR CONSULTING IN RELATION
 TO AN IDENTIFIABLE SUBJECT OF AN IDENTIFIABLE SUBJECT'S CONDITION, WITH-
 IN THE SCOPE OF PRACTICE OF A HEALTH CARE PRACTITIONER.
   § 3. Paragraphs (d) and (e) of subdivision 2  of  section  18  of  the
 public  health  law, paragraph (d) as amended by chapter 576 of the laws
 of 1998 and paragraph (e) as amended by chapter 322 of the laws of 2017,
 are amended and a new paragraph (j) is added to read as follows:
   (d) Subject to the provisions of subdivision three  of  this  section,
 upon the written request of any qualified person, a health care provider
 shall  furnish  to  such person, within a reasonable time, a copy of any
 patient information requested, and original mammograms requested,  which
 the person is authorized to inspect pursuant to this subdivision.  WHERE
 A  HEALTH  CARE PROVIDER MAINTAINS THE PATIENT INFORMATION IN ELECTRONIC
 FORM, IT MAY PROVIDE THE PATIENT INFORMATION UNDER  THIS  SECTION  IN  A
 REASONABLY  USABLE ELECTRONIC FORM, AND SHALL PROVIDE IT IN SUCH FORM IF
 REQUESTED BY THE PERSON MAKING THE REQUEST.
   (e) The provider may impose a reasonable charge  for  all  inspections
 and  copies,  not  exceeding the REASONABLE AND ACTUAL 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 mammogram pursuant to this section shall  not

 S. 5243                             5
 
 exceed  the documented costs associated therewith[. However, the reason-
 able charge], WHICH 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 information  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.
   (J) WHERE A HEALTH CARE PROVIDER  PROVIDES  HEALTH  CARE  PROFESSIONAL
 SERVICES  AS  AN  EMPLOYEE OF OR UNDER CONTRACT WITH ANOTHER HEALTH CARE
 PROVIDER, COMPLIANCE WITH THIS SECTION SHALL BE  THE  RESPONSIBILITY  OF
 THE  HEALTH  CARE PROVIDER THAT EMPLOYS OR CONTRACTS FOR THE SERVICES OF
 THE OTHER HEALTH CARE PROVIDER, UNLESS THE TERMS OF  THE  EMPLOYMENT  OR
 CONTRACT  EXPLICITLY  PROVIDE  OTHERWISE.  IF  A  HEALTH  CARE  PROVIDER
 RECEIVES A REQUEST UNDER THIS SECTION AND COMPLIANCE IS THE RESPONSIBIL-
 ITY OF A DIFFERENT HEALTH CARE  PROVIDER  UNDER  THIS  SUBDIVISION,  THE
 HEALTH  CARE PROVIDER RECEIVING THE REQUEST SHALL IMMEDIATELY INFORM THE
 REQUESTING PARTY TO WHICH HEALTH CARE PROVIDER  THE  REQUEST  SHOULD  BE
 DIRECTED.
   §  4. Paragraphs 1, 3 and 4 of subdivision (a) of section 33.16 of the
 mental hygiene law, paragraphs 1 and 4 as amended by chapter 226 of  the
 laws  of  1991,  and paragraph 3 as amended by chapter 37 of the laws of
 2011, are amended to read as follows:
   1. "Clinical record" means any information concerning or  relating  to
 the examination or treatment of, CONSULTING IN RELATION TO TREATMENT OF,
 PROVIDING  DRUGS  OR DEVICES, OR PROVIDING PROFESSIONAL MENTAL OR BEHAV-
 IORAL HEALTH CARE SERVICES PERTAINING  TO  an  identifiable  patient  or
 client  maintained  or  possessed  by a facility which has treated or is
 treating such patient or client, except data disclosed to a practitioner
 in confidence by other persons on the basis of an express condition that
 such data would never be disclosed to the patient  or  client  or  other
 persons, provided that such data has never been disclosed by the practi-
 tioner  or  a  facility to any other person. If at any time such data is
 disclosed, it shall be considered clinical records for the  purposes  of
 this  section.    For  purposes  of this subdivision, "disclosure to any
 other person" shall not include disclosures  made  pursuant  to  section
 33.13  of  this  article,  to practitioners as part of a consultation or
 referral during the treatment of the patient or client, to the statewide
 planning and research cooperative system, or to the committee or a court
 pursuant to the provisions of this section or to  an  insurance  carrier
 insuring,  or  an  attorney  consulted by, a facility.   CLINICAL RECORD
 SHALL INCLUDE X-RAYS AND OTHER IMAGES, AND RECORDS OF  LABORATORY  TESTS
 INCLUDING  BUT  NOT  LIMITED  TO  TESTS AND EXAMINATIONS ADMINISTERED IN
 CLINICAL LABORATORIES OR BLOOD BANKS  AS  THOSE  TERMS  ARE  DEFINED  IN
 SECTION  FIVE  HUNDRED  SEVENTY-ONE  OF  THE PUBLIC HEALTH LAW. IT SHALL
 INCLUDE RECORDS OF CHARGES TO, AND PAYMENTS RECEIVED FROM,  THE  PATIENT
 OR  IDENTIFIABLE  SUBJECT OR ANY OTHER PARTY ON BEHALF OF THE PATIENT OR
 IDENTIFIABLE SUBJECT, FOR ANY SUCH SERVICES, DRUGS OR DEVICES.
   3. "Facility" means a facility as defined  in  section  1.03  of  this
 chapter,  a program requiring approval for operation pursuant to article
 thirty-two of this chapter, institutions offering training in  psychoth-
 erapy,  psychoanalysis  and  related areas chartered pursuant to section
 two hundred sixteen of the education law,  or,  notwithstanding  section

 S. 5243                             6
 
 1.03  of  this chapter, any provider of services for persons with mental
 illness or  developmental  disabilities  which  is  operated  by,  under
 contract with, receives funding from, or is otherwise approved to render
 services  by,  a  director  of  community  services  pursuant to article
 forty-one of this chapter or one or both of the offices,  including  any
 such  provider  which  is  exempt  from the requirement for an operating
 certificate under article sixteen or article thirty-one of this chapter;
 OR AN ENTITY THAT PROVIDES  MENTAL  OR  BEHAVIORAL  HEALTH  PROFESSIONAL
 SERVICES  BY EMPLOYING OR CONTRACTING FOR THE PROFESSIONAL SERVICES OF A
 MENTAL HEALTH PRACTITIONER.
   4. "Mental health  practitioner"  or  "practitioner"  means  a  person
 employed  by  or rendering a service at a facility maintaining the clin-
 ical record WHO IS licensed under article one hundred thirty-one of  the
 education  law  (MEDICINE) who practices psychiatry or a person licensed
 under article one hundred thirty-nine (NURSING), one hundred fifty-three
 [or] (PSYCHOLOGY), one hundred fifty-four  (SOCIAL  WORK),  ONE  HUNDRED
 SIXTY-THREE  (MENTAL  HEALTH  PRACTITIONERS), OR ONE HUNDRED SIXTY-SEVEN
 (APPLIED BEHAVIOR ANALYSIS) of the education law or any other person not
 prohibited by law from providing mental health or developmental disabil-
 ities services.
   § 5. Paragraphs 5 and 6 of subdivision (b) of  section  33.16  of  the
 mental hygiene law, paragraph 5 as amended by chapter 233 of the laws of
 1991, and paragraph 6 as amended by chapter 322 of the laws of 2017, are
 amended to read as follows:
   5.  Subject  to the provisions of this subdivision and subdivision (c)
 of this section, upon the written request of  any  qualified  person,  a
 facility  shall furnish to such person, within a reasonable time, a copy
 of any clinical record requested  which  the  person  is  authorized  to
 inspect  pursuant  to  this  subdivision.   WHERE A FACILITY MAINTAINS A
 CLINICAL RECORD IN ELECTRONIC FORM, IT MAY PROVIDE THE RECORD UNDER THIS
 SECTION IN A REASONABLY USABLE ELECTRONIC FORM, AND SHALL PROVIDE IT  IN
 SUCH FORM IF REQUESTED BY THE QUALIFIED PERSON MAKING THE REQUEST.
   6. The facility may impose a reasonable charge for all inspections and
 copies,  not  exceeding  the  DOCUMENTED  ACTUAL  costs incurred by such
 provider[. However, the reasonable charge], WHICH 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  bene-
 fit or program, or at the patient's request.
   §  6.  Section  33.16 of the mental hygiene law is amended by adding a
 new subdivision (l) to read as follows:
   (L) THIS SECTION SHALL NOT BE CONSTRUED  TO  SUPPLANT  OR  DIMINISH  A
 RIGHT  OR BENEFIT THAT ANY PATIENT, QUALIFIED PERSON OR PERSON ACTING ON
 BEHALF OF A PATIENT UNDER SECTION SEVENTEEN OR EIGHTEEN  OF  THE  PUBLIC
 HEALTH LAW HAS UNDER EITHER OF SUCH SECTIONS OF THE PUBLIC HEALTH LAW.
   §  7. This act shall take effect on the first of January next succeed-
 ing the date on which it shall have become a law.

2019-S5243A (ACTIVE) - Details

See Assembly Version of this Bill:: A1120
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §§17 & 18, Pub Health L; amd §33.16, Ment Hyg L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S2592, A3631
2017-2018: S3445, A2869
2021-2022: S1482, A839
2023-2024: S1520, A4581

2019-S5243A (ACTIVE) - Summary

2019-S5243A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5243A

SPONSOR: SERRANO
 
TITLE OF BILL:  An act to amend the public health law and the mental
hygiene law, in relation to patient health information and medical
records

 
PURPOSE OR GENERAL IDEA OF BILL:

To make consistent the various laws on consumers' access to their health
and medical records and to facilitate the transfer of such records among
their health care professionals.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends Public Health Law (PHL) § 17 relating to the transfer
of health information and medical records among health care providers,
and broaden application to licensed professionals who either maintain or
need access to such information.

Sections 2 and 3 make similar amendments to PHL § 18 relating to the

transfer of health information or medical records to a patient or his or
her authorized representative. The bill expands the definition of
"health care provider" § 18. The definition also applies to § 17.

Sections 4 and 5 make similar amendments to Mental Hygiene Law § 33.16,
relating to the transfer of clinical records among mental health practi-
tioners and access for authorized patient representatives, and updates
the list of mental health practitioners accordingly.

Section 6 creates a new subdivision (1) within Mental Hygiene Law 33.16
to connect its provisions to PHL SS 17 and 18.

 
JUSTIFICATION:

Computer systems and the internet have revolutionized the storage and
transfer of health records, and the number of health care professions
under obligation to keep such records has grown. This bill would make
consistent the various sections of law in order to improve continuity of
care across providers in different settings.

 
PRIOR LEGISLATIVE HISTORY:

2015-2016: S.2592 - Referred to Health 2017-2018: 5.3445 - Referred to
Health

 
FISCAL IMPLICATIONS:

This bill would have no fiscal impact on the State or local governments.

 
EFFECTIVE DATE:
January 1 following the date on which it became law.

2019-S5243A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5243--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              April 18, 2019
                                ___________
 
 Introduced  by  Sen. SERRANO -- read twice and ordered printed, and when
   printed to be committed  to  the  Committee  on  Health  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN  ACT  to  amend  the public health law and the mental hygiene law, in
   relation to patient health information and medical records
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 17 of the public health law, as amended by chapter
 165 of the laws of 1991, the first undesignated paragraph as amended  by
 chapter 322 of the laws of 2017, is amended to read as follows:
   §  17. Release of [medical] HEALTH records TO A DESIGNATED HEALTH CARE
 PROVIDER.  1. 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] A
 HEALTH CARE PROVIDER WHO HAS PROVIDED PROFESSIONAL HEALTH CARE  SERVICES
 PERTAINING  TO  A  PATIENT  SHALL release and deliver, exclusive of NON-
 CLINICAL personal notes of the [said physician or hospital] HEALTH  CARE
 PROVIDER,  copies of all [x-rays, medical] REQUESTED HEALTH records [and
 test records including all laboratory tests] regarding that  patient  to
 any  other  designated  [physician  or hospital provided, however, that]
 HEALTH CARE PROVIDER.  HOWEVER, 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] 2. A HEALTH CARE PROVIDER incurring
 the expense of providing copies of [x-rays, medical] HEALTH records [and
 test records including all laboratory tests] pursuant to the  provisions
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD03429-03-9

 S. 5243--A                          2
 
 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]  NOT  TO  EXCEED THE HEALTH CARE PROVIDER'S ACTUAL expenses,
 provided, however, that the [physician or hospital] HEALTH CARE PROVIDER
 may  not  impose  a  charge  for  copying an original mammogram when the
 original has been released or delivered to any competent patient, parent
 or guardian of an infant,  a  guardian  appointed  pursuant  to  article
 eighty-one  of the mental hygiene law, or a conservator of a conservatee
 and provided, further, that any charge for delivering an original mammo-
 gram pursuant to this section shall not  exceed  the  documented  ACTUAL
 costs  associated therewith[. However, the reasonable charge], WHICH 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 inabil-
 ity  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  govern-
 ment benefit or program, or at the patient's request.
   3.  WHERE  A  HEALTH  CARE  PROVIDER PROVIDES HEALTH CARE PROFESSIONAL
 SERVICES AS AN EMPLOYEE OF OR UNDER CONTRACT WITH  ANOTHER  HEALTH  CARE
 PROVIDER,  COMPLIANCE  WITH  THIS SECTION SHALL BE THE RESPONSIBILITY OF
 THE HEALTH CARE PROVIDER THAT EMPLOYS OR CONTRACTS FOR THE  SERVICES  OF
 THE  OTHER  HEALTH  CARE PROVIDER, UNLESS THE TERMS OF THE EMPLOYMENT OR
 CONTRACT  EXPLICITLY  PROVIDE  OTHERWISE.  IF  A  HEALTH  CARE  PROVIDER
 RECEIVES A REQUEST UNDER THIS SECTION AND COMPLIANCE IS THE RESPONSIBIL-
 ITY  OF  A  DIFFERENT  HEALTH  CARE PROVIDER UNDER THIS SUBDIVISION, THE
 HEALTH CARE PROVIDER RECEIVING THE REQUEST SHALL IMMEDIATELY INFORM  THE
 REQUESTING  PARTY  TO  WHICH  HEALTH CARE PROVIDER THE REQUEST SHOULD BE
 DIRECTED.
   4. For the purposes of this section the [term "laboratory tests" shall
 include] FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "HEALTH RECORD" INCLUDES ANY PATIENT  INFORMATION  AS  DEFINED  IN
 SECTION  EIGHTEEN OF THIS TITLE, X-RAYS AND OTHER IMAGES, AND RECORDS OF
 LABORATORY TESTS INCLUDING but not [be] limited to  tests  and  examina-
 tions  administered  in  clinical  laboratories  or blood banks as those
 terms are defined in section five hundred seventy-one of this chapter.
   (B) "HEALTH CARE PROVIDER" AND "HEALTH  CARE  PRACTITIONER"  HAVE  THE
 SAME MEANINGS AS DEFINED IN SECTION EIGHTEEN OF THIS TITLE.
   (C) "PROFESSIONAL HEALTH CARE SERVICES" MEANS THE SERVICES OF A HEALTH
 CARE  PROVIDER  EXAMINING, ASSESSING, TREATING OR CONSULTING IN RELATION
 TO A PATIENT OR PATIENT'S CONDITION, WITHIN THE SCOPE OF PRACTICE  OF  A
 HEALTH CARE PRACTITIONER.
   § 2. Paragraphs (c), (d) and (e) of subdivision 1 of section 18 of the
 public health law, paragraphs (c) and (d) as added by chapter 497 of the
 laws of 1986, paragraph (e) as amended by chapter 2 of the laws of 1990,
 and  the closing paragraph of paragraph (e) as amended by chapter 576 of
 the laws of 1998, are amended and a new paragraph (j) is added  to  read
 as follows:
   (c)  "Health  care facility" or "facility" means a hospital as defined
 in article twenty-eight of this chapter, a home care services agency  as
 defined  in  article thirty-six of this chapter, a hospice as defined in
 article forty of this chapter,  a  health  maintenance  organization  as
 defined  in  article  forty-four  of this chapter, [and] a shared health
 facility as defined in article forty-seven of this chapter; OR AN ENTITY

 S. 5243--A                          3
 
 THAT PROVIDES THE HEALTH CARE PROFESSIONAL SERVICES  OF  A  HEALTH  CARE
 PROVIDER  BY  EMPLOYING  OR CONTRACTING FOR THE HEALTH CARE PROFESSIONAL
 SERVICES OF A HEALTH CARE PROVIDER.
   (d)  "Health  care  practitioner"  or  "practitioner"  means  a person
 licensed under article one hundred thirty-one  (MEDICINE),  one  hundred
 thirty-one-B  (PHYSICIAN ASSISTANTS), ONE HUNDRED THIRTY-ONE-C (SPECIAL-
 IST ASSISTANT), one hundred thirty-two (CHIROPRACTIC), one hundred thir-
 ty-three  (DENTISTRY  AND  DENTAL  HYGIENE),  ONE  HUNDRED   THIRTY-FOUR
 (LICENSED  PERFUSIONISTS),  one hundred thirty-six (PHYSICAL THERAPY AND
 PHYSICAL THERAPY ASSISTANTS), ONE HUNDRED THIRTY-SEVEN  (PHARMACY),  one
 hundred thirty-nine (NURSING), ONE HUNDRED FORTY (PROFESSIONAL MIDWIFERY
 PRACTICE),  one  hundred  forty-one  (PODIATRY), one hundred forty-three
 (OPTOMETRY), one hundred forty-four (OPHTHALMIC DISPENSING), one hundred
 fifty-three (PSYCHOLOGY), one  hundred  fifty-four  (SOCIAL  WORK),  ONE
 HUNDRED  FIFTY-FIVE (MASSAGE THERAPY), one hundred fifty-six [or] (OCCU-
 PATIONAL THERAPY, ONE HUNDRED FIFTY-SEVEN (DIETETICS AND NUTRITION), one
 hundred fifty-nine (SPEECH-LANGUAGE PATHOLOGISTS OR  AUDIOLOGISTS),  ONE
 HUNDRED  SIXTY (ACUPUNCTURE), ONE HUNDRED SIXTY-TWO (ATHLETIC TRAINERS),
 ONE HUNDRED  SIXTY-THREE  (MENTAL  HEALTH  PRACTITIONERS),  ONE  HUNDRED
 SIXTY-FOUR (RESPIRATORY THERAPISTS AND RESPIRATORY THERAPY TECHNICIANS),
 ONE  HUNDRED  SIXTY-FIVE  (CLINICAL LABORATORY TECHNOLOGY PRACTICE), ONE
 HUNDRED SIXTY-SIX (MEDICAL PHYSICS PRACTICE), OR ONE HUNDRED SIXTY-SEVEN
 (APPLIED BEHAVIOR ANALYSIS) of the education law [or a person  certified
 under section twenty-five hundred sixty of this chapter].
   (e)  (I) "Patient information" or "information" means: any information
 OR HEALTH RECORD concerning  or  relating  to  the  examination,  health
 assessment including, but not limited to, a health assessment for insur-
 ance  and  employment purposes [or], CONSULTING IN RELATION TO treatment
 of PROVIDING DRUGS OR DEVICES, OR  PROVIDING  PROFESSIONAL  HEALTH  CARE
 SERVICES  PERTAINING  TO an identifiable subject maintained or possessed
 by a health care [facility or health  care  practitioner  who]  PROVIDER
 WHICH  has provided or is providing services [for assessment of a health
 condition including, but not limited to, a health assessment for  insur-
 ance and employment purposes or has treated or is treating such subject,
 except  (i)].   IT SHALL INCLUDE X-RAYS AND OTHER IMAGES, AND RECORDS OF
 LABORATORY TESTS INCLUDING BUT NOT 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.  IT  SHALL
 INCLUDE  RECORDS  OF CHARGES TO, AND PAYMENTS RECEIVED FROM, THE PATIENT
 OR IDENTIFIABLE SUBJECT OR ANY OTHER PARTY ON BEHALF OF THE  PATIENT  OR
 IDENTIFIABLE SUBJECT, FOR ANY SUCH SERVICES, DRUGS OR DEVICES.
   (II)  "PATIENT  INFORMATION"  OR  "INFORMATION"  SHALL NOT INCLUDE (A)
 information and clinical records subject to the  provisions  of  section
 [23.05  or]  33.13  of  the mental hygiene law[, (ii)]; (B) NON-CLINICAL
 personal notes and observations of a health care practitioner,  provided
 that  such personal notes and observations are maintained by the practi-
 tioner and not disclosed by the practitioner to any other  person  after
 January  first,  nineteen hundred eighty-seven[, (iii)]; (C) information
 maintained by a practitioner, concerning or relating to the prior  exam-
 ination  or  treatment  of a subject received from another practitioner,
 provided however, that such information may be requested by the  subject
 directly  from such other practitioner in accordance with the provisions
 of this section, AND PROVIDED FURTHER THAT THIS CLAUSE DOES NOT APPLY TO
 ANY REFERRAL, ORDER, AUTHORIZATION, OR PRESCRIPTION  RECEIVED  FROM  THE
 OTHER  PRACTITIONER;  and [(iv)] (D) data disclosed to a practitioner in
 confidence by other persons on the basis of an  express  condition  that

 S. 5243--A                          4
 
 such  data  would  never  be  disclosed to the subject or other persons,
 provided that such data has never been disclosed to any other person. If
 at any time such  personal  notes  and  observations  or  such  data  is
 disclosed,  it  shall  be considered patient information for purposes of
 this section. For purposes of this subdivision, "disclosure to any other
 person" shall not include disclosures made to practitioners as part of a
 consultation or referral during the treatment of the subject, to persons
 reviewing information or records in the ordinary course of ensuring that
 a provider is in compliance with applicable quality of  care,  licensure
 or  accreditation  standards,  to  an employee or official of a federal,
 state or local agency for the sole purpose of conducting an audit in the
 course of his or her official duties,  to  the  statewide  planning  and
 research cooperative system, to other persons pursuant to a court order,
 to  governmental  agencies, insurance companies licensed pursuant to the
 insurance law and other third parties  requiring  information  necessary
 for  payments  to  be  made  to  or  on behalf of patients, to qualified
 researchers, to the  [state  board  for  professional  medical  conduct]
 DEPARTMENT  OF  HEALTH  OR THE DEPARTMENT OF EDUCATION when such [board]
 requests such information in the exercise of its statutory function,  to
 an  insurance  carrier  insuring,  or an attorney consulted by, a health
 care provider, or to a health maintenance organization certified  pursu-
 ant  to  article  forty-four of this chapter or licensed pursuant to the
 insurance law, or to the committee or a court pursuant to the provisions
 of this section.
   (III) For purposes of this subdivision treatment of  a  subject  shall
 not  include  diagnostic  services,  except  mammography, performed by a
 practitioner  at  the  request  of  another  health  care   practitioner
 provided,  however,  that  such  information,  and  mammograms,  may  be
 requested by the subject directly from the practitioner at whose request
 such  diagnostic  services  were  performed,  in  accordance  with   the
 provisions of this section.
   (J) "PROFESSIONAL HEALTH CARE SERVICES" MEANS THE SERVICES OF A HEALTH
 CARE  PROVIDER  EXAMINING, ASSESSING, TREATING OR CONSULTING IN RELATION
 TO AN IDENTIFIABLE SUBJECT OF AN IDENTIFIABLE SUBJECT'S CONDITION, WITH-
 IN THE SCOPE OF PRACTICE OF A HEALTH CARE PRACTITIONER.
   § 3. Paragraph (e) of subdivision 2 of section 18 of the public health
 law, as amended by chapter 322 of the laws of 2017, is amended and a new
 paragraph (j) is added to read as follows:
   (e) The provider may impose a reasonable charge  for  all  inspections
 and  copies,  not  exceeding the REASONABLE AND ACTUAL 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 mammogram pursuant to this section shall  not
 exceed  the documented costs associated therewith[. However, the reason-
 able charge], WHICH 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 information  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.

 S. 5243--A                          5
 
   (J) WHERE A HEALTH CARE PROVIDER  PROVIDES  HEALTH  CARE  PROFESSIONAL
 SERVICES  AS  AN  EMPLOYEE OF OR UNDER CONTRACT WITH ANOTHER HEALTH CARE
 PROVIDER, COMPLIANCE WITH THIS SECTION SHALL BE  THE  RESPONSIBILITY  OF
 THE  HEALTH  CARE PROVIDER THAT EMPLOYS OR CONTRACTS FOR THE SERVICES OF
 THE  OTHER  HEALTH  CARE PROVIDER, UNLESS THE TERMS OF THE EMPLOYMENT OR
 CONTRACT  EXPLICITLY  PROVIDE  OTHERWISE.  IF  A  HEALTH  CARE  PROVIDER
 RECEIVES A REQUEST UNDER THIS SECTION AND COMPLIANCE IS THE RESPONSIBIL-
 ITY  OF  A  DIFFERENT  HEALTH  CARE PROVIDER UNDER THIS SUBDIVISION, THE
 HEALTH CARE PROVIDER RECEIVING THE REQUEST SHALL IMMEDIATELY INFORM  THE
 REQUESTING  PARTY  TO  WHICH  HEALTH CARE PROVIDER THE REQUEST SHOULD BE
 DIRECTED.
   § 4. Paragraphs 1, 3 and 4 of subdivision (a) of section 33.16 of  the
 mental  hygiene law, paragraphs 1 and 4 as amended by chapter 226 of the
 laws of 1991, and paragraph 3 as amended by chapter 37 of  the  laws  of
 2011, are amended to read as follows:
   1. "Clinical  record"  means any information concerning or relating to
 the examination or treatment of, CONSULTING IN RELATION TO TREATMENT OF,
 PROVIDING DRUGS OR DEVICES, OR PROVIDING PROFESSIONAL MENTAL  OR  BEHAV-
 IORAL  HEALTH  CARE  SERVICES  PERTAINING  TO an identifiable patient or
 client maintained or possessed by a facility which  has  treated  or  is
 treating such patient or client, except data disclosed to a practitioner
 in confidence by other persons on the basis of an express condition that
 such  data  would  never  be disclosed to the patient or client or other
 persons, provided that such data has never been disclosed by the practi-
 tioner or a facility to any other person. If at any time  such  data  is
 disclosed,  it  shall be considered clinical records for the purposes of
 this section.   For purposes of this  subdivision,  "disclosure  to  any
 other  person"  shall  not  include disclosures made pursuant to section
 33.13 of this article, to practitioners as part  of  a  consultation  or
 referral during the treatment of the patient or client, to the statewide
 planning and research cooperative system, or to the committee or a court
 pursuant  to  the  provisions of this section or to an insurance carrier
 insuring, or an attorney consulted by,  a  facility.    CLINICAL  RECORD
 SHALL  INCLUDE  X-RAYS AND OTHER IMAGES, AND RECORDS OF LABORATORY TESTS
 INCLUDING BUT NOT LIMITED TO  TESTS  AND  EXAMINATIONS  ADMINISTERED  IN
 CLINICAL  LABORATORIES  OR  BLOOD  BANKS  AS  THOSE TERMS ARE DEFINED IN
 SECTION FIVE HUNDRED SEVENTY-ONE OF THE  PUBLIC  HEALTH  LAW.  IT  SHALL
 INCLUDE  RECORDS  OF CHARGES TO, AND PAYMENTS RECEIVED FROM, THE PATIENT
 OR IDENTIFIABLE SUBJECT OR ANY OTHER PARTY ON BEHALF OF THE  PATIENT  OR
 IDENTIFIABLE SUBJECT, FOR ANY SUCH SERVICES, DRUGS OR DEVICES.
   3. "Facility"  means  a  facility  as  defined in section 1.03 of this
 chapter, a program requiring approval for operation pursuant to  article
 thirty-two  of this chapter, institutions offering training in psychoth-
 erapy, psychoanalysis and related areas chartered  pursuant  to  section
 two  hundred  sixteen  of the education law, or, notwithstanding section
 1.03 of this chapter, any provider of services for persons  with  mental
 illness  or  developmental  disabilities  which  is  operated  by, under
 contract with, receives funding from, or is otherwise approved to render
 services by, a  director  of  community  services  pursuant  to  article
 forty-one  of  this chapter or one or both of the offices, including any
 such provider which is exempt from  the  requirement  for  an  operating
 certificate under article sixteen or article thirty-one of this chapter;
 OR  AN  ENTITY  THAT  PROVIDES  MENTAL OR BEHAVIORAL HEALTH PROFESSIONAL
 SERVICES BY EMPLOYING OR CONTRACTING FOR THE PROFESSIONAL SERVICES OF  A
 MENTAL HEALTH PRACTITIONER.

 S. 5243--A                          6
 
   4. "Mental  health  practitioner"  or  "practitioner"  means  a person
 employed by or rendering a service at a facility maintaining  the  clin-
 ical  record WHO IS licensed under article one hundred thirty-one of the
 education law (MEDICINE) who practices psychiatry or a  person  licensed
 under article one hundred thirty-nine (NURSING), one hundred fifty-three
 [or]  (PSYCHOLOGY),  one  hundred  fifty-four (SOCIAL WORK), ONE HUNDRED
 SIXTY-THREE (MENTAL HEALTH PRACTITIONERS), OR  ONE  HUNDRED  SIXTY-SEVEN
 (APPLIED BEHAVIOR ANALYSIS) of the education law or any other person not
 prohibited by law from providing mental health or developmental disabil-
 ities services.
   §  5.  Paragraph  6  of subdivision (b) of section 33.16 of the mental
 hygiene law, as amended by chapter 322 of the laws of 2017,  is  amended
 to read as follows:
   6. The facility may impose a reasonable charge for all inspections and
 copies,  not  exceeding  the  DOCUMENTED  ACTUAL  costs incurred by such
 provider[. However, the reasonable charge] WHICH 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 bene-
 fit or program, or at the patient's request.
   § 6. Section 33.16 of the mental hygiene law is amended  by  adding  a
 new subdivision (l) to read as follows:
   (L)  THIS  SECTION  SHALL  NOT  BE CONSTRUED TO SUPPLANT OR DIMINISH A
 RIGHT OR BENEFIT THAT ANY PATIENT, QUALIFIED PERSON OR PERSON ACTING  ON
 BEHALF  OF  A PATIENT UNDER SECTIONS SEVENTEEN OR EIGHTEEN OF THE PUBLIC
 HEALTH LAW HAS UNDER EITHER SUCH SECTIONS OF THE PUBLIC HEALTH LAW.
   § 7. This act shall take effect on the first of January next  succeed-
 ing the date on which it shall have become a law.

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Senate Bill S5243A

Sponsored By

Archive: Last Bill Status - In Senate Committee Health Committee

Bill Amendments

2019-S5243 - Details

2019-S5243 - Summary

2019-S5243 - Sponsor Memo

2019-S5243 - Bill Text download pdf

2019-S5243A (ACTIVE) - Details

2019-S5243A (ACTIVE) - Summary

2019-S5243A (ACTIVE) - Sponsor Memo

2019-S5243A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S5243A

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Sponsored By

Jose M. Serrano

Archive: Last Bill Status - In Senate Committee Health Committee

Bill Amendments

2019-S5243 - Details

2019-S5243 - Summary

2019-S5243 - Sponsor Memo

2019-S5243 - Bill Text download pdf

2019-S5243A (ACTIVE) - Details

2019-S5243A (ACTIVE) - Summary

2019-S5243A (ACTIVE) - Sponsor Memo

2019-S5243A (ACTIVE) - Bill Text download pdf

Comments