Bill Text: NY A02707 | 2009-2010 | General Assembly | Introduced

---

Bill Title: An act to establish a task force on medical record confidentiality relating to the disposition or transference of medical records in certain cases

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Engrossed - Dead) 2010-02-23 - REFERRED TO HEALTH [A02707 Detail]

Download: New_York-2009-A02707-Introduced.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2707
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 21, 2009
                                      ___________
       Introduced by M. of A. GANTT -- Multi-Sponsored by -- M. of A. CHRISTEN-
         SEN,  McENENY, WEINSTEIN -- read once and referred to the Committee on
         Health
       AN ACT to establish a  task  force  on  medical  record  confidentiality
         relating  to  the  disposition  or  transference of medical records in
         certain cases
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. The commissioner of health shall establish a task force on
    2  medical record confidentiality, to review issues related to the disposi-
    3  tion or transference of medical records when a health care  practitioner
    4  closes,  sells  or  otherwise  disposes of his or her practice or when a
    5  health care practitioner dies or abandons his or her practice.  Appoint-
    6  ments  to  the  task  force  shall  be  made  as  follows: seven members
    7  appointed by the commissioner of health; two members  appointed  by  the
    8  speaker  of  the assembly; two members appointed by the temporary presi-
    9  dent of the senate; one member appointed by the minority leader  of  the
   10  assembly; and one member appointed by the minority leader of the senate.
   11  The  task force shall consist of individuals with expertise or knowledge
   12  of medical records and confidentiality issues and shall include individ-
   13  uals representing health care practitioners and health  care  consumers.
   14  The  task  force  shall review issues including, but not limited to, the
   15  following:
   16    a. the appropriateness of requiring notification  of  patients  before
   17  medical  records are transferred or disposed of, including the form that
   18  notification should take and any limitations  on  notification  require-
   19  ments;
   20    b.  the  confidentiality of medical records when a health care practi-
   21  tioner's practice is sold, transferred or otherwise disposed of, includ-
   22  ing requirements of obtaining consent from patients;
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05638-01-9
       A. 2707                             2
    1    c. the appropriate disposition or transference of medical records when
    2  a health care practitioner dies or abandons his or her practice or  when
    3  a  health practitioner closes, sells or otherwise disposes of his or her
    4  practice, including notification to patients;
    5    d.  the  application  of  notification,  confidentiality  and  consent
    6  requirements to the medical records of non-active  patients  or  to  the
    7  medical  records  of  patients  not seen by a practitioner on an ongoing
    8  basis; and
    9    e.  the  application  of  notification,  confidentiality  and  consent
   10  requirements to medical records of practitioners that belong to partner-
   11  ships or other group practices.
   12    The  task  force shall review these issues and any other deemed neces-
   13  sary and shall report to the legislature and the commissioner of  health
   14  its  recommendations for appropriate regulatory or legislative action by
   15  April 1, 2011.
   16    S 2. This act shall take effect immediately.