NY State Senate Bill 2025-S3838

Senate Bill S3838

2025-2026 Legislative Session

Requires medical records to be made available to patients in an electronic format through a web portal

download bill text pdf

Current 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 30, 2025	referred to health

2025-S3838 (ACTIVE) - Details

Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §18, Pub Health L
Versions Introduced in 2023-2024 Legislative Session:: S7769

2025-S3838 (ACTIVE) - Summary

Requires medical records to be made available to patients in an electronic format through a web portal and in a format that allows patients to save records to their own device.

2025-S3838 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S3838

SPONSOR: HINCHEY
 
TITLE OF BILL:

An act to amend the public health law, in relation to the release of
medical records in an electronic format

 
PURPOSE:

To make a patient's medical records as accessible as possible by requir-
ing medical records to be accessible through healthcare portals and be
provided in a downloadable format.

 
SUMMARY OF PROVISIONS:

Section one amends section 18 of the public health law by adding a new
paragraph that requires all medical records that a patient has a right
to access must be accessible through the patient's healthcare portal and
in a downloadable form.

Section two states the effective date.

 
JUSTIFICATION:

Since the enactment of the Health Insurance Portability and Accountabil-
ity Act of 1996 (HIPPA), the right of a patient to access their medical
records has been well established. Everyone has the right to access
their medical records and receive them in the most convenient form that
can be provided. However, since HIPPA's enactment, the healthcare land-
scape has changed: Many New Yorkers now use healthcare portals to coor-
dinate their care and while some providers give access to a patient's
medical records through these portals, it is not a universal standard.

This legislation would require providers to allow patients access to
their medical records via their online healthcare portal and that the
records be downloadable. This will ensure that patients have every
available avenue to view their medical records in the most convenient
form possible.

 
LEGISLATIVE HISTORY:

2023-2024: S7769A/A896 I A - Passed Senate/Referred to Health

 
FISCAL IMPLICATIONS:

None to state.

 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law.

2025-S3838 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3838
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 30, 2025
                                ___________
 
 Introduced  by  Sen. HINCHEY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Health
 
 AN ACT to amend the public health law, in relation  to  the  release  of
   medical records in an electronic format
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 2 of section 18 of the  public  health  law  is
 amended by adding a new paragraph (j) to read as follows:
   (J)  SUBJECT  TO  THE PROVISIONS OF SUBDIVISION THREE OF THIS SECTION,
 UPON THE REQUEST OF A QUALIFIED PERSON, ALL MEDICAL RECORDS REQUIRED  TO
 BE  RELEASED  PURSUANT TO THIS SECTION SHALL BE MADE AVAILABLE TO QUALI-
 FIED PERSONS IN AN ELECTRONIC FORMAT  THROUGH  A  WEB  PORTAL  AND  SUCH
 RECORDS  SHALL  BE PROVIDED IN A FORMAT THAT ALLOWS QUALIFIED PERSONS TO
 SAVE THE RECORDS TO THEIR OWN DEVICE.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.
 
 
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08155-01-5

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