Bill Text: NY A07161 | 2015-2016 | General Assembly | Introduced


Bill Title: Requires a health care provider or facility which has determined to cease to do business or which is transferring its ownership, at least sixty days prior to such action, notify the commissioner of health of its intent and shall provide a copy of its plan for transfer of patient records to another provider, facility or practitioner; if the determination to cease to do business or practice in this state resulted from illness, injury, or death, the commissioner shall work with the provider or his or her representative to facilitate notification and transfer records within one hundred sixty days after such notification.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-01-06 - referred to health [A07161 Detail]

Download: New_York-2015-A07161-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7161
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                    April 27, 2015
                                      ___________
       Introduced  by  M.  of  A.  CYMBROWITZ  -- read once and referred to the
         Committee on Health
       AN ACT to amend the education law and the public health law, in relation
         to the transfer of patient medical records in certain circumstances
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Subdivision  40  of section 6530 of the education law, as
    2  added by chapter 606 of the laws of 1991, is amended to read as follows:
    3    40. Failing to provide access by qualified persons to patient informa-
    4  tion in accordance with the standards set forth  in  [section]  SECTIONS
    5  SEVENTEEN  AND  eighteen of the public health law, SUCH SECTION EIGHTEEN
    6  as added by chapter [497] FOUR  HUNDRED  NINETY-SEVEN  of  the  laws  of
    7  [1986] NINETEEN HUNDRED EIGHTY-SIX;
    8    S  2. The public health law is amended by adding a new section 18-b to
    9  read as follows:
   10    S 18-B. REQUIREMENT FOR TRANSFER OF INFORMATION. 1.  DEFINITIONS.  FOR
   11  THE  PURPOSES OF THIS SECTION THE FOLLOWING TERMS SHALL HAVE THE FOLLOW-
   12  ING MEANINGS:
   13    (A) "PERMANENTLY CEASE TO DO BUSINESS IN THIS STATE"  SHALL  MEAN  ANY
   14  CASE  WHERE  A HEALTH CARE PROVIDER, HEALTH CARE FACILITY OR HEALTH CARE
   15  PRACTITIONER WHO HAS ENGAGED IN AN ON-GOING PRACTICE OR BUSINESS  WITHIN
   16  THIS  STATE,  PERMANENTLY  CEASES  TO  ENGAGE IN SUCH BUSINESS, PROVIDED
   17  HOWEVER, THAT THIS TERM SHALL NOT INCLUDE  A  HEALTH  CARE  PRACTITIONER
   18  WHOSE PRACTICE IS MERGED, CONSOLIDATED, COMBINED, OR ACQUIRED BY ANOTHER
   19  HEALTH  CARE  PROVIDER, HEALTH CARE FACILITY OR HEALTH CARE PRACTITIONER
   20  AND HE OR SHE CONTINUES TO  PROVIDE  SERVICES  INCLUDING  MEDICAL  CARE,
   21  DIAGNOSIS  OR TREATMENT TO PATIENTS ON A MORE THAN HALF-TIME BASIS AS AN
   22  EMPLOYEE, CONTRACTOR, OR OWNER OF THE MERGED, CONSOLIDATED, COMBINED, OR
   23  ACQUIRING HEALTH CARE PROVIDER OR HEALTH CARE FACILITY.
   24    (B) "FAILURE TO PROVIDE  ACCESS  TO  MEDICAL  INFORMATION  OR  MEDICAL
   25  RECORDS"  SHALL  MEAN  ANY  CIRCUMSTANCE  WHERE  A HEALTH CARE PROVIDER,
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03765-03-5
       A. 7161                             2
    1  HEALTH CARE FACILITY OR HEALTH CARE  PRACTITIONER,  AS  SUCH  TERMS  ARE
    2  DEFINED  IN  SECTION  EIGHTEEN  OF  THIS TITLE, SUCH SECTION EIGHTEEN AS
    3  ADDED BY CHAPTER FOUR HUNDRED  NINETY-SEVEN  OF  THE  LAWS  OF  NINETEEN
    4  HUNDRED  EIGHTY-SIX,  AND SECTION SEVENTEEN OF THIS TITLE, THAT IS PLAN-
    5  NING TO PERMANENTLY CEASE TO DO BUSINESS IN THE STATE AND FAILS  TO  ACT
    6  IN  ACCORDANCE  TO  THE  REQUIREMENTS PRESCRIBED BY THE COMMISSIONER FOR
    7  TRANSFER OF PATIENT INFORMATION AS SUCH TERM IS DEFINED IN SUCH  SECTION
    8  EIGHTEEN  OF  THIS  TITLE  OR  PATIENT  MEDICAL  RECORDS AS DESCRIBED IN
    9  SECTION SEVENTEEN OF THIS TITLE.
   10    (C) "HEALTH CARE PROVIDER," "HEALTH CARE FACILITY," AND  "HEALTH  CARE
   11  PRACTITIONER" SHALL HAVE THE SAME MEANING AS IN SECTION EIGHTEEN OF THIS
   12  TITLE,  AS  ADDED  BY  CHAPTER  FOUR HUNDRED NINETY-SEVEN OF THE LAWS OF
   13  NINETEEN HUNDRED EIGHTY-SIX.
   14    (D) "PATIENT INFORMATION" SHALL HAVE THE SAME MEANING  AS  IN  SECTION
   15  EIGHTEEN OF THIS TITLE, AS ADDED BY CHAPTER FOUR HUNDRED NINETY-SEVEN OF
   16  THE LAWS OF NINETEEN HUNDRED EIGHTY-SIX.
   17    (E)  "PATIENT MEDICAL RECORDS" SHALL MEAN THE RECORDS THAT, UPON WRIT-
   18  TEN REQUEST BY A COMPETENT PATIENT, PARENT OR GUARDIAN OF AN  INFANT,  A
   19  GUARDIAN  APPOINTED PURSUANT TO ARTICLE EIGHTY-ONE OF THE MENTAL HYGIENE
   20  LAW, OR CONSERVATOR OF A CONSERVATEE, ARE REQUIRED TO BE PROVIDED  TO  A
   21  PHYSICIAN OR HOSPITAL PURSUANT TO SECTION SEVENTEEN OF THIS TITLE.
   22    (F)  "ACTIVELY  PRACTICE"  SHALL  MEAN  A  HEALTH CARE PRACTITIONER OR
   23  HEALTH CARE PROVIDER THAT WORKS MORE THAN HALF-TIME.
   24    2. A HEALTH CARE PROVIDER, HEALTH CARE FACILITY OR HEALTH CARE PRACTI-
   25  TIONER THAT HAS IN ITS POSSESSION PATIENT INFORMATION OR PATIENT MEDICAL
   26  RECORDS AND WHICH HAS DETERMINED TO PERMANENTLY CEASE TO DO BUSINESS  OR
   27  PRACTICE  IN THIS STATE SHALL, AT LEAST SIXTY DAYS PRIOR TO SUCH ACTION,
   28  NOTIFY THE COMMISSIONER OF ITS INTENT TO PERMANENTLY CEASE OPERATIONS OR
   29  ACTIVELY PRACTICE IN THIS STATE, IN THE FORM AND  MANNER  PRESCRIBED  BY
   30  THE  COMMISSIONER, AND SHALL PROVIDE A COPY OF ITS PLAN, IN THE FORM AND
   31  MANNER PRESCRIBED BY THE COMMISSIONER, FOR TRANSFER OF PATIENT  INFORMA-
   32  TION  OR PATIENT MEDICAL RECORDS TO ANOTHER HEALTH CARE PROVIDER, HEALTH
   33  CARE FACILITY, HEALTH CARE  PRACTITIONER,  OR  FURNISH  A  COPY  TO  THE
   34  PATIENT,  AS  REQUESTED BY THE PATIENT OR REQUIRED PURSUANT TO LAW.  THE
   35  SIXTY DAY REQUIREMENT FOR NOTIFICATION  TO  THE  COMMISSIONER  SHALL  BE
   36  WAIVED  IF  A  HEALTH CARE PROVIDER, HEALTH CARE FACILITY OR HEALTH CARE
   37  PRACTITIONER DETERMINES TO PERMANENTLY CEASE TO DO BUSINESS OR  ACTIVELY
   38  PRACTICE IN THIS STATE AS A RESULT OF ILLNESS, INJURY OR DEATH.
   39    3.    WITHIN  TEN  DAYS  OF  BEING NOTIFIED BY A HEALTH CARE PROVIDER,
   40  HEALTH CARE FACILITY OR HEALTH CARE  PRACTITIONER  OF  THE  HEALTH  CARE
   41  PROVIDER'S,  HEALTH CARE FACILITY'S OR HEALTH CARE PRACTITIONER'S DETER-
   42  MINATION TO PERMANENTLY CEASE TO DO BUSINESS  OR  ACTIVELY  PRACTICE  IN
   43  THIS STATE, THE COMMISSIONER SHALL PRESCRIBE THE REQUIREMENTS FOR TRANS-
   44  FER  OF  PATIENT  INFORMATION AND PATIENT MEDICAL RECORDS, PROVIDED THAT
   45  SUCH REQUIREMENTS SHALL INCLUDE (A) A MAXIMUM PERIOD  OF  TIME,  NOT  TO
   46  EXCEED  SIXTY  DAYS  FROM THE DATE THAT THE HEALTH CARE PROVIDER, HEALTH
   47  CARE FACILITY OR HEALTH CARE PRACTITIONER PERMANENTLY CEASES TO DO BUSI-
   48  NESS OR ACTIVELY PRACTICE IN THIS  STATE,  FOR  THE  COMPLETION  OF  THE
   49  TRANSFER,  AND  (B)  A  PLAN FOR NOTIFYING PATIENTS THAT THE HEALTH CARE
   50  PROVIDER, HEALTH CARE FACILITY OR HEALTH CARE PRACTITIONER IS PERMANENT-
   51  LY CEASING TO DO BUSINESS OR ACTIVELY PRACTICE IN THIS STATE AND INFORM-
   52  ING SUCH PATIENTS OF THEIR RIGHT TO REQUEST THEIR PATIENT INFORMATION OR
   53  PATIENT MEDICAL RECORDS BE SENT TO THE HEALTH CARE PROVIDER, HEALTH CARE
   54  FACILITY OR HEALTH CARE PRACTITIONER OF HIS OR HER CHOICE OR RETURNED TO
   55  THEMSELVES.  IF THE DETERMINATION TO PERMANENTLY CEASE TO DO BUSINESS IN
   56  THIS STATE OR ACTIVELY PRACTICE IN THIS STATE WAS MADE AS  A  RESULT  OF
       A. 7161                             3
    1  ILLNESS,  INJURY  OR  DEATH  THE COMMISSIONER SHALL WORK WITH THE HEALTH
    2  CARE PROVIDER, HEALTH CARE FACILITY  OR  HEALTH  CARE  PRACTITIONER,  OR
    3  WHERE  APPROPRIATE THE HEALTH CARE PROVIDER'S, HEALTH CARE FACILITY'S OR
    4  HEALTH  CARE  PRACTITIONER'S  REPRESENTATIVE,  TO  FACILITATE  NOTICE TO
    5  PATIENTS OF THE HEALTH CARE PROVIDER, HEALTH  CARE  FACILITY  OR  HEALTH
    6  CARE  PRACTITIONER  OF  HIS  OR  HER DECISION TO PERMANENTLY CEASE TO DO
    7  BUSINESS OR ACTIVELY PRACTICE IN THIS STATE AND THE TRANSFER OF  PATIENT
    8  MEDICAL  RECORDS TO THE PATIENT OR THE HEALTH CARE PROVIDER, HEALTH CARE
    9  FACILITY, OR HEALTH CARE PRACTITIONER REQUESTED  BY  SUCH  PATIENT.  THE
   10  COMMISSIONER  SHALL  ENSURE THAT PATIENT MEDICAL RECORDS ARE TRANSFERRED
   11  IN A TIMELY MANNER AND SHALL NOT EXCEED ONE  HUNDRED  SIXTY  DAYS  AFTER
   12  BEING NOTIFIED OF THE DECISION TO CEASE TO DO BUSINESS IN THIS STATE.
   13    4.   NOTHING IN THIS SECTION SHALL AUTHORIZE THE DISCLOSURE OF PATIENT
   14  INFORMATION OR PATIENT MEDICAL RECORDS THAT ARE PROHIBITED FROM  DISCLO-
   15  SURE PURSUANT TO LAW.
   16    5.  IF THE COMMISSIONER SHALL DETERMINE THAT THE FAILURE OF ANY HEALTH
   17  CARE PROVIDER, HEALTH CARE FACILITY,  OR  HEALTH  CARE  PRACTITIONER  TO
   18  ADHERE  TO  THE  TERMS OF THE PLAN THAT HAS BEEN APPROVED BY THE COMMIS-
   19  SIONER FOR THE  TRANSFER  OF  PATIENT  INFORMATION  OR  PATIENT  MEDICAL
   20  RECORDS  AND SUCH FAILURE SHALL HAVE CAUSED OR MAY CAUSE A THREAT TO THE
   21  HEALTH OF AN INDIVIDUAL PATIENT WHO IS THE SUBJECT OF  SUCH  INFORMATION
   22  OR  MEDICAL  RECORDS  BECAUSE  MORE  THAN SIX MONTHS HAS ELAPSED SINCE A
   23  PRIOR LABORATORY TEST,  THE  RESULTS  OF  WHICH  ARE  CONTAINED  IN  THE
   24  PATIENT'S INFORMATION OR MEDICAL RECORDS, THE COMMISSIONER MAY ORDER NEW
   25  LABORATORY TESTS TO BE PERFORMED BY A PRACTITIONER CHOSEN OR APPROVED BY
   26  THE  COMMISSIONER.  IN  ORDER  TO  EXPEDITE  SUCH  LABORATORY TESTS, THE
   27  COMMISSIONER MAY ORDER  PAYMENT  FOR  SUCH  LABORATORY  TESTS  FROM  ANY
   28  ACCOUNT  UNDER  THE CONTROL OF THE DEPARTMENT, AND SHALL ASSESS ANY SUCH
   29  HEALTH CARE PROVIDER, HEALTH CARE FACILITY, OR HEALTH CARE  PRACTITIONER
   30  WHO  FAILED  TO  RELEASE  THE PATIENT'S INFORMATION OR PATIENT'S MEDICAL
   31  RECORDS IN ACCORDANCE WITH THE PLAN APPROVED BY THE COMMISSIONER FOR THE
   32  EXPENSES ASSOCIATED WITH  THE  COST  OF  SUCH  LABORATORY  TESTS.    FOR
   33  PURPOSES OF THIS SUBDIVISION, THE TERM "LABORATORY TESTS" SHALL INCLUDE,
   34  BUT  NOT  BE LIMITED TO, TESTS AND EXAMINATIONS ADMINISTERED IN CLINICAL
   35  LABORATORIES OR BLOOD BANKS AS THOSE TERMS ARE DEFINED IN  SECTION  FIVE
   36  HUNDRED SEVENTY-ONE OF THIS CHAPTER.
   37    6.  IF  THE  COMMISSIONER SHALL DETERMINE THAT A HEALTH CARE PROVIDER,
   38  HEALTH CARE FACILITY OR HEALTH  CARE  PRACTITIONER  HAS  WILLFULLY,  AND
   39  WITHOUT  GOOD  CAUSE, FAILED TO ADHERE TO THE TERMS OF THE PLAN THAT HAS
   40  BEEN APPROVED BY THE COMMISSIONER FOR THE TRANSFER OF  PATIENT  INFORMA-
   41  TION  OR  PATIENT MEDICAL RECORDS, THE COMMISSIONER MAY ASSESS A PENALTY
   42  NOT TO EXCEED FIVE HUNDRED DOLLARS FOR EACH OF THE FIRST TWENTY FAILURES
   43  AND TWO HUNDRED FIFTY DOLLARS FOR EACH ADDITIONAL FAILURE THEREAFTER BUT
   44  ANY HEALTH CARE PROVIDER, HEALTH CARE FACILITY OR  HEALTH  CARE  PRACTI-
   45  TIONER  SHALL  NOT  BE ASSESSED A PENALTY UNDER THIS SUBDIVISION OF MORE
   46  THAN THIRTY THOUSAND DOLLARS.  AN AGGRIEVED HEALTH CARE PROVIDER, HEALTH
   47  CARE FACILITY OR HEALTH CARE PRACTITIONER MAY APPEAL SUCH ASSESSMENT  TO
   48  THE  MEDICAL  RECORD  ACCESS REVIEW COMMITTEES DESIGNATED BY THE COMMIS-
   49  SIONER PURSUANT TO SUBDIVISION FOUR OF SECTION EIGHTEEN OF  THIS  TITLE,
   50  SUCH  SECTION  AS ADDED BY CHAPTER FOUR HUNDRED NINETY-SEVEN OF THE LAWS
   51  OF NINETEEN HUNDRED EIGHTY-SIX.
   52    7. THE PROVISIONS OF THIS SECTION SHALL NOT AFFECT ANY RIGHTS AFFORDED
   53  PURSUANT TO SECTION SEVENTEEN OR SECTION EIGHTEEN OF  THIS  TITLE,  SUCH
   54  SECTION  EIGHTEEN  AS  ADDED BY CHAPTER FOUR HUNDRED NINETY-SEVEN OF THE
   55  LAWS OF NINETEEN HUNDRED EIGHTY-SIX.
       A. 7161                             4
    1    8. ANY ASSESSMENT MADE PURSUANT TO THIS SECTION SHALL BE  IN  ADDITION
    2  TO ANY OTHER ASSESSMENT OR PENALTY THAT IS AUTHORIZED BY LAW.
    3    9.  NOTHING  IN THIS SECTION SHALL AFFECT OR EXTEND THE PERIOD OF TIME
    4  THAT A HEALTH CARE PROVIDER, HEALTH CARE FACILITY OR HEALTH CARE PRACTI-
    5  TIONER IS REQUIRED TO RETAIN A PATIENT'S MEDICAL INFORMATION AND MEDICAL
    6  RECORDS.
    7    S 3. This act shall take effect immediately.
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