S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2667
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 26, 2023
                                ___________
 
 Introduced  by  M.  of  A.  BLUMENCRANZ -- read once and referred to the
   Committee on Health
 
 AN ACT to amend the public health law, in relation to  establishing  the
   reasonable charge for electronic copies of medical records and patient
   information
 
   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 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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06886-01-3
              

 A. 2667                             2
 
 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 associ-
 ated  therewith.  However,  the reasonable charge for paper copies shall
 not exceed seventy-five cents per page AND  THE  REASONABLE  CHARGE  FOR
 COPIES  PROVIDED  IN  AN ELECTRONIC FORMAT SHALL BE THE LESSER OF EITHER
 SEVENTY-FIVE CENTS PER PAGE OR A  TOTAL  OF  ONE  HUNDRED  DOLLARS.    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 322 of the laws of 2017, 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 AND THE REASONABLE CHARGE
 FOR COPIES PROVIDED IN AN ELECTRONIC  FORMAT  SHALL  BE  THE  LESSER  OF
 EITHER SEVENTY-FIVE CENTS PER PAGE OR A TOTAL OF ONE HUNDRED DOLLARS.  A
 qualified person shall not be denied access to patient information sole-
 ly  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.
   § 3. This act shall take effect immediately.