S06112 Summary:

BILL NOS06112
 
SAME ASNo same as
 
SPONSORBONACIC
 
COSPNSR
 
MLTSPNSR
 
Amd S17, Pub Health L
 
Requires the release of medical records of deceased minors or persons for whom a guardian has been appointed, to a parent or guardian within ninety days.
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S06112 Actions:

BILL NOS06112
 
01/04/2012REFERRED TO HEALTH
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S06112 Floor Votes:

There are no votes for this bill in this legislative session.
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S06112 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6112
 
                    IN SENATE
 
                                       (Prefiled)
 
                                     January 4, 2012
                                       ___________
 
        Introduced  by  Sen. BONACIC -- 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 medical records of
          certain deceased persons
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

 
     1    Section  1. Section 17 of the public health law, as amended by chapter
     2  165 of the laws of 1991, the first undesignated paragraph as amended  by
     3  chapter 576 of the laws of 1998, is amended to read as follows:
     4    §  17.  Release of medical records. 1. Upon the written request of any
     5  competent patient, parent or guardian of an infant, a guardian appointed
     6  pursuant to article eighty-one of the mental hygiene law, or conservator
     7  of a conservatee, an examining,  consulting  or  treating  physician  or
     8  hospital  must  release  and deliver, exclusive of personal notes of the
     9  said physician or hospital, copies of all x-rays,  medical  records  and
    10  test  records  including  all laboratory tests regarding that patient to
    11  any other designated physician or hospital provided, however, that  such
    12  records  concerning  the  treatment  of  an  infant patient for venereal

    13  disease or the performance of an abortion  operation  upon  such  infant
    14  patient  shall not be released or in any manner be made available to the
    15  parent or guardian of such infant, and provided, further, that  original
    16  mammograms, rather than copies thereof, shall be released and delivered.
    17  Either  the  physician  or  hospital  incurring the expense of providing
    18  copies of x-rays, medical records and test records including all labora-
    19  tory tests pursuant to the provisions  of  this  section  may  impose  a
    20  reasonable  charge  to  be paid by the person requesting the release and
    21  deliverance  of  such  records  as  reimbursement  for  such   expenses,
    22  provided,  however,  that  the  physician  or  hospital may not impose a
    23  charge for copying an original mammogram  when  the  original  has  been
    24  released or delivered to any competent patient, parent or guardian of an

    25  infant,  a  guardian  appointed  pursuant  to  article eighty-one of the
    26  mental hygiene law, or a conservator  of  a  conservatee  and  provided,
    27  further,  that  any charge for delivering an original mammogram pursuant
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13674-01-1

        S. 6112                             2
 
     1  to this section shall not exceed the documented costs associated  there-
     2  with.  However,  the reasonable charge for paper copies shall not exceed
     3  seventy-five cents per page. A release of  records  under  this  section
     4  shall not be denied solely because of inability to pay.
     5    2. Upon the death of any minor child, or of an adult for whom a guard-

     6  ian  has  been  appointed  pursuant  to article eighty-one of the mental
     7  hygiene law, an examining, consulting or treating physician or  hospital
     8  shall,  release  and  deliver,  exclusive  of personal notes of the said
     9  physician or hospital, copies of all x-rays, medical  records  and  test
    10  records including all laboratory tests regarding such deceased person to
    11  the  parent or guardian of such minor child or the appointed guardian of
    12  an adult patient, within ninety days of a written request by such parent
    13  or guardian.
    14    3. For the purposes of this section the term "laboratory tests"  shall
    15  include  but  not  be  limited to tests and examinations administered in
    16  clinical laboratories or blood banks  as  those  terms  are  defined  in

    17  section five hundred seventy-one of this chapter.
    18    § 2. This act shall take effect immediately.
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