Relates to the obligations of a physician upon the termination of a relationship with a patient; requires the physician to provide thirty days notice to the patient, to continue to provide care and prescriptions to the patient, and to provide referrals and copies of patient records.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6434
SPONSOR: Burdick TITLE OF BILL:
An act to amend the education law, in relation to the obligations of a
physician upon the termination of a relationship with a patient
PURPOSE OR GENERAL IDEA OF BILL:
An act to amend the education law, in relation to the obligations of a
physician upon the termination of a relationship with a patient
SUMMARY OF PROVISIONS:
Section 1 amends sec. education law to add a new subdivision, subdivi-
sion 11 to:
(a)Any licensed physician or medical practice that voluntarily termi-
nates a relationship with an existing patient shall:
(i)Provide the patient with at least thirty day advance notice of the
termination;
(ii) Remain available to render care to the patient through the remain-
ing time before termination of the doctor-patient relationship;
(iii) Renew existing prescriptions for at least one month if appropriate
based upon the most recent examination.
(iv) Provide the patient with a medical plan for treatment and future
care;
(v)Provide a list to the patient of referral sources so the patient can
find new treating physicians;
(vi) Offer to transfer a copy of the patient's medical records to the
patients' new physician.
(b)Physician or medical practice may charge reasonable costs for copying
the patient's medical records!
(c)This section does not preempt any requirements imposed by Medicare,
Medicaid or private health insurance requirements, Section
2. Enacting clause.
JUSTIFICATION:
A doctor-patient relationship is many times personal, dealing with inti-
mate private information effecting not only a patient's physical health
but also their mental wellbeing.
Despite the intimate nature of the relationship, a doctor or medical
practice, acting as a private business, does have the right to terminate
the relationship, without the patient's consent, for any reason as long
as the reason does not infringe upon a protected class such as race,
gender, sexual orientation, religion or any other protected civil right
or class status. When this physician-patient relationship is terminated
by a doctor or medical practice it can be an upsetting, emotional sepa-
ration from the patient's point of view and this legislation will
provide the patient with the safeguards by being given:
-At least 30 days of notice before the professional relationship ends;
-During the period before the termination takes effect the doctor or
medical practice will be available to continue with care for the
patient;
-If medically appropriate, based upon the most recent examination, the
physician will renew existing prescriptions;
-Provide the patient with a medical plan for treatment and future care;
-Provide a list to the patient of referral sources so the patient can
find new treating physicians;
-Offer to transfer a copy of the patient's medical records to the
patients' new physician.
These common sense steps during the termination of a doctor or medical
practice's relationship with the patient gives patients needed
protections for continuity of care and will facilitate a patient finding
new and appropriate medical care providers.
PRIOR LEGISLATIVE HISTORY:
This is a new bill.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None
EFFECTIVE DATE:
This act shall take effect on the sixtieth day after it shall have
become a law.
STATE OF NEW YORK
________________________________________________________________________
6434
2023-2024 Regular Sessions
IN ASSEMBLY
April 6, 2023
___________
Introduced by M. of A. BURDICK -- read once and referred to the Commit-
tee on Higher Education
AN ACT to amend the education law, in relation to the obligations of a
physician upon the termination of a relationship with a patient
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 6527 of the education law is amended by adding a
2 new subdivision 11 to read as follows:
3 11. (a) Notwithstanding any inconsistent provision of any general,
4 special or local law, any licensed physician who or medical practice
5 that voluntarily terminates a relationship with an existing patient
6 shall:
7 (i) provide the patient with at least thirty days advance notice of
8 the termination by written or electronic notice specifying the specific
9 date, thirty days or more in the future, upon which the physician-pa-
10 tient relationship will terminate;
11 (ii) remain available to render care to the patient in accordance with
12 regular practice hours if the patient needs immediate professional care,
13 including care for emergencies;
14 (iii) renew the patient's existing prescriptions for medications for a
15 least one month or for the period of time the prescription is authorized
16 to be renewed for, if shorter than one month, provided the patient has
17 been seen recently by the physician or medical practice and is eligible
18 for the medication pursuant to a recent examination;
19 (iv) provide the patient with a medical plan that sets out what course
20 of treatment or further care, based on the most recent exam by the
21 physician or medical practice, the patient should follow up with within
22 the three months following the date of the notice of termination;
23 (v) provide a list of referral sources or organizations the patient
24 may contact to locate a physician, group or specialist, as applicable,
25 who is accepting patients; and
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10650-01-3
A. 6434 2
1 (vi) offer to transfer a copy of the patient's medical records to the
2 patient's new physician.
3 (b) Nothing in this subdivision shall prohibit a licensed physician or
4 medical practice from charging the reasonable costs of reproducing
5 records in accordance with section seventeen of the public health law.
6 The physician or medical group may include in the termination letter a
7 notice to the patient specifying the costs associated with reproducing
8 the records and request reimbursement from the patient.
9 (c) The provisions of this section shall not exempt any physician or
10 medical practice from additional requirements imposed by Medicare, Medi-
11 caid, or a private health insurance plan with respect to the dismissal
12 of a patient enrolled in such plan or covered by such insurance.
13 § 2. This act shall take effect on the sixtieth day after it shall
14 have become a law.
