Requires a health care provider or facility which has determined to cease to do business or which is transferring its ownership, at least sixty days prior to such action, notify the commissioner of health of its intent and shall provide a copy of its plan for transfer of patient records to another provider, facility or practitioner.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8080A
SPONSOR: Perry TITLE OF BILL: An act to amend the education law and the public
health law, in relation to the transfer of patient medical records in
certain circumstances
PURPOSE:
This bill establishes requirement for orderly transfer of medical
records, if a physician closes an office, this bill makes it clear that
failure to comply with law regarding patient access to his or her own
records would be in violation of what is generally accepted reasonable
expectation, an expectation to control the information about an individ-
ual's own health, and in the event a patient is not granted access to
their medical records the health commissioner would be empowered to take
emergency action to require new tests if the failure to release records
timely poses a health threat to individual patients.
SUMMARY OF PROVISIONS:
Section one amends the Education Law section 6530(4) to include within
the definition of professional misconduct the failure to provide access
to patient information in accordance with the standards set forth in
Public Health Law section 17. Additionally, the reference to Public
Health Law section 18 is clarified.
Section two of the public health law is amended by adding a new section
18-b.
Subsection one defines the terms "cease to do business in this", "fail-
ure to provide access to medical information or medical records",
healthcare provider", "healthcare facility, "healthcare practitioner",
"patient information" and "patient medical records".Subsection two
provides that when a health care Provider, facility, or practitioner
that has possession of patient information has decided to cease to do
business or practice in this state, the health care provider, facility,
or practitioner shall notify the Commissioner of the Department of
Health of its intent to cease to do business or practice. Such notifica-
tion shall be made at least 60 days before the cessation and include a
plan for the transfer of the patient records to the patient or another
health care provider, facility, or practitioner. The Commissioner shall
prescribe the form for the plan, requirements for the transfer and
notification requirements. The prescribed requirements must include a
maximum time period for the transfer and provisions for the transfer of
the patient's records to the patient when such transfer is requested.
The 'sixty day notification requirement may be waived if the decision to
close is as a result of illness, injury or death.
Subsection three provides that within 10 days of being notified by a
provider of their intent to cease doing business in this state the
Commissioner shall prescribe the requirements for transfer of patient
medical information and patient medical records, the requirements shall
include a maximum period of time not to exceed sixty days from the day
the health care provider, health care facility or health care practi-
tioner ceases to do business in the State for the completion of such
transfer to occur. The plan shall also include notification of patients
of the closure of business in the State and the patient's right to
request their patient information or medical records be sent to the
healthcare provider, facility or practitioner of their choice or
returned to the patient. If the decision to cease to do business in this
state was made as a result of illness, injury or death the provider
shall have an additional 60 days to with this provision.
Subsection four provides that nothing in this section shall authorize
the disclosure of patient information or medical records that are
prohibited from disclosure pursuant to law.
Subsection five provides that due to the failure of any health care
provider, facility or practitioner to adhere to the terms of the plan
approved by the commissioner and such failure has caused or may cause a
threat to the health of an individual who is a subject of such records
because six months has passed since a prior laboratory test, the results
of which are contained in the patient's information or medical records,
the commissioner may order new tests to be performed by a practitioner
chosen or approved by the commissioner. The Commissioner may issue
payments for such tests out of any fund under the purview of the depart-
ment and may assess any such healthcare provider, facility or practi-
tioner who failed to release the patient's information or medical
records in accordance with the Commissioner approved plan for the costs
of the replacement laboratory tests. This subsection defines the term
"laboratory tests" for the purpose of this section.
Subsection six provides that if the commissioner determines that the
healthcare provider, facility, or practitioner willfully and without
good cause or extenuating circumstances failed to adhere to the plan as
approved by the commissioner for the transfer of patient information or
medical records the commissioner may assess a penalty upon the health-
care provider, facility, or practitioner in an amount that does not
exceed $500 for each failure. The provider, facility, or practitioner
may appeal the assessment to the medical record access review committees
that is designated by the commissioner.
Subsection seven provides that this section shall not affect any rights
afforded pursuant to section 17 or 18 of this title, as section 18 is
added by chapter 497 of the laws of 1986.
Subsection eight provides that any assessment made' under this section
is in addition to any other assessment or penalty that is authorized by
law.
Subsection nine provides that nothing in this section shall extend the
period of time that a health care provider is required to retain a
patient's medical information and medical records.
Section 3 provides that this act shall take effect immediately.
JUSTIFICATION:
The bill closes a loophole to provide for continuous custody of medical
records. When a patient visits his or her doctor, the patient is the
consumer of the doctor's services and when such a doctor ceases to
continue doing business in New York, his or her patients have a reason-
able expectation the information and medical records that the doctor has
compiled over the course of taking care of the patient will be available
to the patient or be transferred in accordance with the patient's wish-
es. We have unfortunately seen situations in which a provider determines
to cease operations and fails to either provide for appropriate transfer
of records or to give the records to patients who have asked for them.
Additionally, there is no provision in law to allow for new tests in a
situation where a patient's records that contain test results relevant
to the patient's health care situation are available because they were
either not timely or properly transferred.
Numerous other States, including' California, Massachusetts, New Jersey,
Pennsylvania, and Wisconsin statutorily provide for the transfer and/or
preservation of patient medical records in situations where a healthcare
provider, facility, or practitioner ceases operations. The majority of
the remaining States have administratively prescribed rules for the
transfer and/or preservation of medical records in these situations. To
protect the health and welfare of New Yorkers, New York should join the
States that provide protection to patient medical records by statutorily
requiring their proper transfer.
LEGISLATIVE HISTORY:
2013: S.4174A - Passed Senate; Referred to Assembly Health
2011-2: S.2215 - Referred to Higher Education both years
2009-10: S.2188 - Referred to Higher Education both years
2008: S.6638 - Referred to Higher Education
FISCAL IMPLICATIONS:
It is not anticipated that this legislation will have any significant
fiscal impact on the State.
EFFECTIVE DATE:
This act shall take effect immediately.
