Bill Text: NY S09060 | 2019-2020 | General Assembly | Introduced

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Bill Title: Provides restrictions and prohibitions for medical records software and quality software management systems.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-10-21 - REFERRED TO RULES [S09060 Detail]

Download: New_York-2019-S09060-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          9060

                    IN SENATE

                                    October 21, 2020
                                       ___________

        Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules

        AN ACT to amend the public health law, in relation  to  medical  records
          software  and  quality  software  management  systems restrictions and
          prohibitions

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section 1. The public health law is amended by adding a new section 25
     2  to read as follows:
     3    § 25. Medical records software and quality software management systems
     4  restrictions  and  prohibitions.  No medical records software or quality
     5  software management systems shall permit:
     6    1. falsification of a medical record, medical procedure or other  live
     7  file in any health care facility by logging in as another user and doing
     8  activity under the other user's profile;
     9    2. importing medical procedures that could create a false date history
    10  of when such procedure was uploaded and/or approved and by whom;
    11    3.  backdating  of any records or the altering of real-time, computer-
    12  generated time stamps;
    13    4. merging user profiles that could obscure user identities by assign-
    14  ing logged activities of one user account to another;
    15    5. displaying user passwords in plain text to any other person  except
    16  the user;
    17    6.  importing any document requiring medical director approval without
    18  the express approval of a medical director;
    19    7. importing any document or procedure without  the  oversight  of  at
    20  least one other registered user;
    21    8.  importing  files  from  one system to another without a new system
    22  generated time-stamped review and approval; and
    23    9. historically altering procedures to imply that a  medical  director
    24  conducted mandated periodic reviews when such person did not.
    25    § 2. This act shall take effect on the one hundred twentieth day after
    26  it  shall have become a law. Effective immediately, the addition, amend-
    27  ment and/or repeal of any rule or regulation necessary for the implemen-
    28  tation of this act on its effective date are authorized to be  made  and
    29  completed on or before such effective date.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD17497-02-0