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A07842 Summary:

BILL NOA07842
 
SAME ASSAME AS S06078
 
SPONSORGottfried
 
COSPNSR
 
MLTSPNSR
 
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.
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A07842 Actions:

BILL NOA07842
 
05/17/2017referred to health
05/23/2017reported referred to ways and means
06/14/2017reported referred to rules
06/15/2017reported
06/15/2017rules report cal.409
06/15/2017ordered to third reading rules cal.409
06/19/2017substituted by s6078
 S06078 AMEND= VALESKY
 05/11/2017REFERRED TO HEALTH
 05/23/20171ST REPORT CAL.1160
 05/24/20172ND REPORT CAL.
 06/05/2017ADVANCED TO THIRD READING
 06/19/2017PASSED SENATE
 06/19/2017DELIVERED TO ASSEMBLY
 06/19/2017referred to ways and means
 06/19/2017substituted for a7842
 06/19/2017ordered to third reading rules cal.409
 06/20/2017passed assembly
 06/20/2017returned to senate
 09/01/2017DELIVERED TO GOVERNOR
 09/13/2017SIGNED CHAP.322
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A07842 Memo:

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.
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A07842 Text:



 
                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.
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