STATE OF NEW YORK
________________________________________________________________________
1294
2017-2018 Regular Sessions
IN SENATE
January 9, 2017
___________
Introduced by Sen. MARCELLINO -- 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 establishing the
reasonable charge for electronic copies of medical records and patient
information
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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05976-01-7
S. 1294 2
1 of the mental hygiene law, or a conservator of a conservatee and
2 provided, further, that any charge for delivering an original mammogram
3 pursuant to this section shall not exceed the documented costs associ-
4 ated therewith. However, the reasonable charge for paper copies shall
5 not exceed seventy-five cents per page and the reasonable charge for
6 copies provided in an electronic format shall be the lesser of either
7 seventy-five cents per page or a total of one hundred dollars. A
8 release of records under this section shall not be denied solely because
9 of inability to pay.
10 § 2. Paragraph (e) of subdivision 2 of section 18 of the public health
11 law, as amended by chapter 576 of the laws of 1998, is amended to read
12 as follows:
13 (e) The provider may impose a reasonable charge for all inspections
14 and copies, not exceeding the costs incurred by such provider, provided,
15 however, that a provider may not impose a charge for copying an original
16 mammogram when the original has been furnished to any qualified person
17 and provided, further, that any charge for furnishing an original mammo-
18 gram pursuant to this section shall not exceed the documented costs
19 associated therewith. However, the reasonable charge for paper copies
20 shall not exceed seventy-five cents per page and the reasonable charge
21 for copies provided in an electronic format shall be the lesser of
22 either seventy-five cents per page or a total of one hundred dollars. A
23 qualified person shall not be denied access to patient information sole-
24 ly because of inability to pay.
25 § 3. This act shall take effect immediately.
