S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4238
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 3, 2021
                                ___________
 
 Introduced  by Sen. STAVISKY -- 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 education law, in relation
   to requiring the transfer of medical  records  within  sixty  days  of
   written request

   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 322 of the laws of 2017, 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, WITHIN SIXTY CALENDAR
 DAYS, 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  hospital  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  incurring  the  expense  of  providing
 copies of x-rays, medical 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  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 guardian of an
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD05131-01-1

 S. 4238                             2
 
 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 costs associated there-
 with. 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 elec-
 tronic or paper form, as required by the government benefit or  program,
 or at the patient's request.
   §  2.  Section  6530  of  the education law is amended by adding a new
 subdivision 51 to read as follows:
   51. FAILING TO RELEASE AND DELIVER COPIES OF X-RAYS,  MEDICAL  RECORDS
 AND  TEST RECORDS WITHIN SIXTY CALENDAR DAYS OF WRITTEN REQUEST PURSUANT
 TO SECTION SEVENTEEN OF THE PUBLIC HEALTH LAW.
   § 3. This act shall take effect immediately.