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S05367 Summary:

BILL NOS05367
 
SAME ASSAME AS A02349
 
SPONSORCOMRIE
 
COSPNSRLIU
 
MLTSPNSR
 
Amd §18, Pub Health L
 
Requires a health care provider or facility which has determined to cease to do business or which is transferring its ownership, at least thirty days prior to such action to provide a copy of its plan for transfer of patient records to another provider, facility or practitioner.
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S05367 Actions:

BILL NOS05367
 
04/29/2019REFERRED TO HEALTH
05/30/20191ST REPORT CAL.1106
06/03/20192ND REPORT CAL.
06/04/2019ADVANCED TO THIRD READING
06/13/2019PASSED SENATE
06/13/2019DELIVERED TO ASSEMBLY
06/13/2019referred to codes
06/17/2019substituted for a2349
06/17/2019ordered to third reading cal.131
06/17/2019passed assembly
06/17/2019returned to senate
10/17/2019DELIVERED TO GOVERNOR
10/29/2019SIGNED CHAP.426
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S05367 Committee Votes:

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S05367 Floor Votes:

DATE:06/17/2019Assembly Vote  YEA/NAY: 147/1
Yes
Abbate
Yes
Crespo
ER
Gantt
Yes
LiPetri
Yes
Perry
Yes
Simon
Yes
Abinanti
Yes
Crouch
No
Garbarino
Yes
Lupardo
Yes
Pheffer Amato
Yes
Simotas
Yes
Arroyo
Yes
Cruz
Yes
Giglio
Yes
Magnarelli
Yes
Pichardo
Yes
Smith
Yes
Ashby
Yes
Cusick
Yes
Glick
Yes
Malliotakis
Yes
Pretlow
Yes
Smullen
Yes
Aubry
Yes
Cymbrowitz
Yes
Goodell
Yes
Manktelow
Yes
Quart
Yes
Solages
Yes
Barclay
Yes
Davila
Yes
Gottfried
Yes
McDonald
Yes
Ra
Yes
Stec
Yes
Barnwell
Yes
De La Rosa
Yes
Griffin
Yes
McDonough
Yes
Raia
Yes
Steck
Yes
Barrett
Yes
DenDekker
Yes
Gunther
Yes
McMahon
Yes
Ramos
Yes
Stern
Yes
Barron
Yes
DeStefano
Yes
Hawley
Yes
Mikulin
Yes
Raynor
Yes
Stirpe
Yes
Benedetto
Yes
Dickens
Yes
Hevesi
Yes
Miller B
Yes
Reilly
Yes
Tague
Yes
Bichotte
Yes
Dilan
Yes
Hunter
Yes
Miller MG
Yes
Reyes
Yes
Taylor
Yes
Blake
Yes
Dinowitz
Yes
Hyndman
Yes
Miller ML
Yes
Richardson
Yes
Thiele
Yes
Blankenbush
Yes
DiPietro
Yes
Jacobson
Yes
Montesano
Yes
Rivera
ER
Titus
Yes
Brabenec
Yes
D'Urso
Yes
Jaffee
Yes
Morinello
Yes
Rodriguez
Yes
Vanel
Yes
Braunstein
Yes
Eichenstein
Yes
Jean-Pierre
Yes
Mosley
Yes
Romeo
Yes
Walczyk
Yes
Bronson
Yes
Englebright
Yes
Johns
Yes
Niou
Yes
Rosenthal D
Yes
Walker
Yes
Buchwald
Yes
Epstein
Yes
Jones
Yes
Nolan
Yes
Rosenthal L
Yes
Wallace
Yes
Burke
Yes
Fahy
Yes
Joyner
Yes
Norris
Yes
Rozic
Yes
Walsh
Yes
Buttenschon
Yes
Fall
Yes
Kim
Yes
O'Donnell
Yes
Ryan
Yes
Weinstein
Yes
Byrne
Yes
Fernandez
Yes
Kolb
Yes
Ortiz
Yes
Salka
Yes
Weprin
Yes
Byrnes
Yes
Finch
Yes
Lalor
Yes
Otis
Yes
Santabarbara
Yes
Williams
Yes
Cahill
Yes
Fitzpatrick
Yes
Lavine
Yes
Palmesano
Yes
Sayegh
Yes
Woerner
Yes
Carroll
Yes
Friend
Yes
Lawrence
Yes
Palumbo
Yes
Schimminger
Yes
Wright
Yes
Colton
Yes
Frontus
Yes
Lentol
Yes
Paulin
Yes
Schmitt
Yes
Zebrowski
Yes
Cook
Yes
Galef
Yes
Lifton
Yes
Peoples-Stokes
Yes
Seawright
Yes
Mr. Speaker

‡ Indicates voting via videoconference
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S05367 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5367
 
                               2019-2020 Regular Sessions
 
                    IN SENATE
 
                                     April 29, 2019
                                       ___________
 
        Introduced  by  Sen.  COMRIE -- 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  transfer  of
          patient  medical  records upon the closure of a health care provider's
          office

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Subdivision  1 of section 18 of the public health law, as
     2  added by chapter 497 of the laws of 1986, is amended  by  adding  a  new
     3  paragraph (j) to read as follows:
     4    (j)  "Cease  to do business in this state" shall mean any case where a
     5  health care provider who has engaged in an on-going practice or business
     6  within this state as a health care provider, ceases to  engage  in  such
     7  business,  provided  however,  that this term shall not include a health
     8  care practitioner whose practice is merged, consolidated,  combined,  or
     9  acquired  by  another  health  care  provider and he or she continues to
    10  provide services including  medical  care,  diagnosis  or  treatment  to
    11  patients  as  an  employee,  contractor, or owner of the merged, consol-
    12  idated, combined, or acquired health care provider.
    13    § 2. Section 18 of the public health law, as added by chapter  497  of
    14  the  laws  of 1986, is amended by adding a new subdivision 13 to read as
    15  follows:
    16    13. (a) A health care provider which has  in  its  possession  patient
    17  information  and/or  patient medical records and which has determined to
    18  permanently cease to do business or practice in  this  state  shall,  at
    19  least  thirty  days  prior  to  such action, make a good faith effort to
    20  notify each of the health care  provider's  current  patients  that  the
    21  office  will  be  closing  and to inform each such patient of his or her
    22  right to request that his or  her  patient  information  and/or  patient
    23  medical  records be sent to a health care provider, health care facility
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06968-01-9

        S. 5367                             2
 
     1  or health care practitioner of the patient's choosing or, alternatively,
     2  that such information and records be returned to the patient.
     3    (b)  The  provisions  of  this subdivision shall not affect any rights
     4  afforded pursuant to section seventeen of this title.
     5    (c) Nothing in this subdivision shall affect the period of time that a
     6  health care provider is lawfully required to retain a patient's  medical
     7  information and medical records.
     8    (d)  The  provisions of this subdivision shall only apply with respect
     9  to a patient whose chart includes  written  permission  to  receive  the
    10  notification described in paragraph (a) of this subdivision.
    11    § 3. This act shall take effect immediately.
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