Amd §§17 & 18, Pub Health L; amd §33.16, Ment Hyg L
Relates to health record access for government benefits or programs; prohibits providers and facilities from charging fees for providing access to or copies of records needed by a patient for an application, claim or appeal for a government benefit or program.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7842
SPONSOR: Gottfried TITLE OF BILL: An act to amend the public health law and the mental
hygiene law, in relation to health record access for a government bene-
fit or program
PURPOSE OR GENERAL IDEA OF BILL:
To ease consumers' access to their health and medical records when
applying for or accessing government program benefits.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 amends Public Health Law (PHL) § 17 relating to the transfer
of medical records among health care providers, eliminate charges for
any record transfer that is required for the purpose of applying for or
supporting a claim or appeal for any government benefit or program.
Section 2 makes similar amendments to PHL § 18 relating to the transfer
of patient information to a patient.
Section 3 makes similar amendments to Mental Hygiene Law § 33.16, relat-
ing to the transfer of clinical records.
JUSTIFICATION:
Individuals applying for an array of public benefits need medical
records to document their eligibility or claims. This may include Social
Security disability benefits, 9/11 survivor health benefits, etc. These
claimants generally cannot afford to pay the statutory rate of seventy-
five cents per page for these records, which often number in the
hundreds of pages. Patients, who are often already suffering from
illness, injury or natural catastrophe, should not be burdened with the
cost of delivering such information when it is legally required for
obtaining the public benefits to which they are entitled.
PRIOR LEGISLATIVE HISTORY:
New bill
FISCAL IMPLICATIONS:
This bill would have no fiscal impact on the State or local governments.
EFFECTIVE DATE:
Immediately.
STATE OF NEW YORK
________________________________________________________________________
7842
2017-2018 Regular Sessions
IN ASSEMBLY
May 17, 2017
___________
Introduced by M. of A. GOTTFRIED -- read once and referred to the
Committee on Health
AN ACT to amend the public health law and the mental hygiene law, in
relation to health record access for a government benefit or program
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The first undesignated paragraph of section 17 of the
2 public health law, as amended by chapter 576 of the laws of 1998, is
3 amended to read as follows:
4 Upon the written request of any competent patient, parent or guardian
5 of an infant, a guardian appointed pursuant to article eighty-one of the
6 mental hygiene law, or conservator of a conservatee, an examining,
7 consulting or treating physician or hospital must release and deliver,
8 exclusive of personal notes of the said physician or hospital, copies of
9 all x-rays, medical records and test records including all laboratory
10 tests regarding that patient to any other designated physician or hospi-
11 tal provided, however, that such records concerning the treatment of an
12 infant patient for venereal disease or the performance of an abortion
13 operation upon such infant patient shall not be released or in any
14 manner be made available to the parent or guardian of such infant, and
15 provided, further, that original mammograms, rather than copies thereof,
16 shall be released and delivered. Either the physician or hospital incur-
17 ring the expense of providing copies of x-rays, medical records and test
18 records including all laboratory tests pursuant to the provisions of
19 this section may impose a reasonable charge to be paid by the person
20 requesting the release and deliverance of such records as reimbursement
21 for such expenses, provided, however, that the physician or hospital may
22 not impose a charge for copying an original mammogram when the original
23 has been released or delivered to any competent patient, parent or guar-
24 dian of an infant, a guardian appointed pursuant to article eighty-one
25 of the mental hygiene law, or a conservator of a conservatee and
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11636-02-7
A. 7842 2
1 provided, further, that any charge for delivering an original mammogram
2 pursuant to this section shall not exceed the documented costs associ-
3 ated therewith. However, the reasonable charge for paper copies shall
4 not exceed seventy-five cents per page. A release of records under this
5 section shall not be denied solely because of inability to pay. No
6 charge may be imposed under this section for providing, releasing, or
7 delivering medical records or copies of medical records where requested
8 for the purpose of supporting an application, claim or appeal for any
9 government benefit or program, provided that, where a provider maintains
10 medical records in electronic form, it shall provide the copy in either
11 electronic or paper form, as required by the government benefit or
12 program, or at the patient's request.
13 § 2. Paragraph (e) of subdivision 2 of section 18 of the public health
14 law, as amended by chapter 576 of the laws of 1998, is amended to read
15 as follows:
16 (e) The provider may impose a reasonable charge for all inspections
17 and copies, not exceeding the costs incurred by such provider, provided,
18 however, that a provider may not impose a charge for copying an original
19 mammogram when the original has been furnished to any qualified person
20 and provided, further, that any charge for furnishing an original mammo-
21 gram pursuant to this section shall not exceed the documented costs
22 associated therewith. However, the reasonable charge for paper copies
23 shall not exceed seventy-five cents per page. A qualified person shall
24 not be denied access to patient information solely because of inability
25 to pay. No charge may be imposed under this section for providing,
26 releasing, or delivering patient information or copies of patient infor-
27 mation where requested for the purpose of supporting an application,
28 claim or appeal for any government benefit or program, provided that,
29 where a provider maintains patient information in electronic form, it
30 shall provide the copy in either electronic or paper form, as required
31 by the government benefit or program, or at the patient's request.
32 § 3. Paragraph 6 of subdivision (b) of section 33.16 of the mental
33 hygiene law, as amended by chapter 165 of the laws of 1991 and as renum-
34 bered by chapter 233 of the laws of 1991, is amended to read as follows:
35 6. The facility may impose a reasonable charge for all inspections and
36 copies, not exceeding the costs incurred by such provider. However, the
37 reasonable charge for paper copies shall not exceed seventy-five cents
38 per page. A qualified person shall not be denied access to the clinical
39 record solely because of inability to pay. No charge may be imposed
40 under this section for providing, releasing, or delivering clinical
41 records or copies of clinical records where requested for the purpose of
42 supporting an application, claim or appeal for any government benefit or
43 program, provided that, where a provider maintains clinical records in
44 electronic form, it shall provide the copy in either electronic or paper
45 form, as required by the government benefit or program, or at the
46 patient's request.
47 § 4. This act shall take effect immediately.
