S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6434
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               April 6, 2023
                                ___________
 
 Introduced  by M. of A. BURDICK -- read once and referred to the Commit-
   tee on Higher Education
 
 AN ACT to amend the education law, in relation to the obligations  of  a
   physician upon the termination of a relationship with a patient
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 6527 of the education law is amended  by  adding  a
 new subdivision 11 to read as follows:
   11.  (A)  NOTWITHSTANDING  ANY  INCONSISTENT PROVISION OF ANY GENERAL,
 SPECIAL OR LOCAL LAW, ANY LICENSED PHYSICIAN  WHO  OR  MEDICAL  PRACTICE
 THAT  VOLUNTARILY  TERMINATES  A  RELATIONSHIP  WITH AN EXISTING PATIENT
 SHALL:
   (I) PROVIDE THE PATIENT WITH AT LEAST THIRTY DAYS  ADVANCE  NOTICE  OF
 THE  TERMINATION BY WRITTEN OR ELECTRONIC NOTICE SPECIFYING THE SPECIFIC
 DATE, THIRTY DAYS OR MORE IN THE FUTURE, UPON  WHICH  THE  PHYSICIAN-PA-
 TIENT RELATIONSHIP WILL TERMINATE;
   (II) REMAIN AVAILABLE TO RENDER CARE TO THE PATIENT IN ACCORDANCE WITH
 REGULAR PRACTICE HOURS IF THE PATIENT NEEDS IMMEDIATE PROFESSIONAL CARE,
 INCLUDING CARE FOR EMERGENCIES;
   (III) RENEW THE PATIENT'S EXISTING PRESCRIPTIONS FOR MEDICATIONS FOR A
 LEAST ONE MONTH OR FOR THE PERIOD OF TIME THE PRESCRIPTION IS AUTHORIZED
 TO  BE  RENEWED FOR, IF SHORTER THAN ONE MONTH, PROVIDED THE PATIENT HAS
 BEEN SEEN RECENTLY BY THE PHYSICIAN OR MEDICAL PRACTICE AND IS  ELIGIBLE
 FOR THE MEDICATION PURSUANT TO A RECENT EXAMINATION;
   (IV) PROVIDE THE PATIENT WITH A MEDICAL PLAN THAT SETS OUT WHAT COURSE
 OF  TREATMENT  OR  FURTHER  CARE,  BASED  ON THE MOST RECENT EXAM BY THE
 PHYSICIAN OR MEDICAL PRACTICE, THE PATIENT SHOULD FOLLOW UP WITH  WITHIN
 THE THREE MONTHS FOLLOWING THE DATE OF THE NOTICE OF TERMINATION;
   (V)  PROVIDE  A  LIST OF REFERRAL SOURCES OR ORGANIZATIONS THE PATIENT
 MAY CONTACT TO LOCATE A PHYSICIAN, GROUP OR SPECIALIST,  AS  APPLICABLE,
 WHO IS ACCEPTING PATIENTS; AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10650-01-3
              

 A. 6434                             2
 
   (VI)  OFFER TO TRANSFER A COPY OF THE PATIENT'S MEDICAL RECORDS TO THE
 PATIENT'S NEW PHYSICIAN.
   (B) NOTHING IN THIS SUBDIVISION SHALL PROHIBIT A LICENSED PHYSICIAN OR
 MEDICAL  PRACTICE  FROM  CHARGING  THE  REASONABLE  COSTS OF REPRODUCING
 RECORDS IN ACCORDANCE WITH SECTION SEVENTEEN OF THE PUBLIC  HEALTH  LAW.
 THE  PHYSICIAN  OR MEDICAL GROUP MAY INCLUDE IN THE TERMINATION LETTER A
 NOTICE TO THE PATIENT SPECIFYING THE COSTS ASSOCIATED  WITH  REPRODUCING
 THE RECORDS AND REQUEST REIMBURSEMENT FROM THE PATIENT.
   (C)  THE  PROVISIONS OF THIS SECTION SHALL NOT EXEMPT ANY PHYSICIAN OR
 MEDICAL PRACTICE FROM ADDITIONAL REQUIREMENTS IMPOSED BY MEDICARE, MEDI-
 CAID, OR A PRIVATE HEALTH INSURANCE PLAN WITH RESPECT TO  THE  DISMISSAL
 OF A PATIENT ENROLLED IN SUCH PLAN OR COVERED BY SUCH INSURANCE.
   §  2.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.