NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7860
SPONSOR: Sillitti TITLE OF BILL:
An act to amend the public health law, in relation to access to physical
copies of patient information by qualified persons
PURPOSE OR GENERAL IDEA OF BILL:
This bill establishes a patients right to receive a paper copy of their
medical records
SUMMARY OF PROVISIONS:
Section 1 amends the paragraph (d) of subdivision 2 of section 18 of the
public health law, which applies to records maintained by health care
facilities and practitioners licensed by the Department of Health, by
specifying that a qualified person may request a physical copy of any
patient information.
Section 2 provides for an immediate effective date.
JUSTIFICATION:
The public health law regulates records maintained by health care facil-
ities and practitioners licensed by the Department of Health. This law
permits qualified persons, including the patient, parent or legal guard-
ian, access to the patients medical records. The law provides that with-
in ten days of receiving a written request for access to records, the
provider must give the qualified person the opportunity to inspect the
records and requires that providers furnish a copy of records if records
are requested within a reasonable time frame. Providers are allowed to
charge reasonable fees to recover costs for inspections, shipping and
copying.
With the advancement of technology, many health care facilities and
providers have moved towards electronic medical systems that allow them
to more easily store and transfer medical information. In turn, the most
convenient way for a provider to honor a patients request for a copy of
their medical records is to provide the record electronically. This is
often the most convenient way for patients to receive their information
as well, as it is quick and accessible. However, for a variety of
reasons, some patients prefer to not have their information shared elec-
tronically. Some patients have limited access to computers and printers,
and requiring them to print out their own medical records could be
burdensome. Other patients prefer that their personal information not be
shared through the internet. These patients should have the right to
receive a physical copy of their medical record upon their request and
payment of the statutory copying and shipping fees. These patients
should have the ability to request a paper copy of their record, upon
payment of the statutory copying and shipping charges.
PRIOR LEGISLATIVE HISTORY:
New Bill.
FISCAL IMPLICATIONS:
None to the state. Patients requesting such records will be required to
pay statutory copying and shipping fees, making this proposal cost
neutral.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
7860
2023-2024 Regular Sessions
IN ASSEMBLY
July 7, 2023
___________
Introduced by M. of A. SILLITTI -- read once and referred to the Commit-
tee on Health
AN ACT to amend the public health law, in relation to access to physical
copies of patient information by qualified persons
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph (d) of subdivision 2 of section 18 of the public
2 health law, as amended by chapter 576 of the laws of 1998, is amended to
3 read as follows:
4 (d) Subject to the provisions of subdivision three of this section,
5 upon the written request of any qualified person, a health care provider
6 shall furnish to such person, within a reasonable time, a copy of any
7 patient information requested, and original mammograms requested, which
8 the person is authorized to inspect pursuant to this subdivision. A
9 qualified person may request a physical copy of any patient information
10 requested pursuant to this section.
11 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02295-01-3
