S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8223
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             November 6, 2023
                                ___________
 
 Introduced by M. of A. BERGER -- read once and referred 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.
                                                            LBD06549-01-3
              

 A. 8223                             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.