New York S 3838: Requires medical records to be made available to patients in an electronic format through a web portal

Bill Text

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S03838 Summary:

BILL NOS03838A

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SAME ASSAME AS A05316-A

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SPONSORHINCHEY

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COSPNSR

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MLTSPNSR

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Amd §18, Pub Health L

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Requires medical records to be made available to patients in an electronic format through a web portal and in a format that allows patients to save records to their own device; requires electronic medical records systems to give qualified persons access to records in a single, secure format and to establish policies and procedures to endure confidentiality.

Go to top S03838 Actions:

BILL NOS03838A

&nbsp

01/30/2025REFERRED TO HEALTH

04/08/20251ST REPORT CAL.657

04/09/20252ND REPORT CAL.

04/10/2025ADVANCED TO THIRD READING 

05/12/2025AMENDED ON THIRD READING 3838A

05/15/2025PASSED SENATE

05/15/2025DELIVERED TO ASSEMBLY

05/15/2025referred to health

01/07/2026died in assembly

01/07/2026returned to senate

01/07/2026REFERRED TO HEALTH

04/21/20261ST REPORT CAL.809

04/22/20262ND REPORT CAL.

04/27/2026ADVANCED TO THIRD READING 

05/06/2026PASSED SENATE

05/06/2026DELIVERED TO ASSEMBLY

05/06/2026referred to health

Go to topS03838 Committee&nbspVotes:

Go to topS03838 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS03838 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 3838--A
 Cal. No. 657

 2025-2026 Regular Sessions

 IN SENATE

 January 30, 2025
 ___________

 Introduced by Sen. HINCHEY -- read twice and ordered printed, and when
 printed to be committed to the Committee on Health -- reported favora-
 bly from said committee, ordered to first and second report, ordered
 to a third reading, amended and ordered reprinted, retaining its place
 in the order of third reading

 AN ACT to amend the public health law, in relation to the release of
 medical records in an electronic format

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

 1 Section 1. Subdivision 2 of section 18 of the public health law is
 2 amended by adding two new paragraphs (j) and (k) to read as follows:
 3 (j) Subject to the provisions of subdivision three of this section,
 4 upon the request of a qualified person, all electronic medical records
 5 required to be released pursuant to this section shall be made available
 6 to qualified persons in an electronic format through a web portal and
 7 such records shall be provided in a format that allows qualified persons
 8 to save the records to their own device.
 9 (k) Within one hundred eighty days of the effective date of this para-
 10 graph, the department shall establish rules and regulations, consistent
 11 with state and federal law and regulations, requiring any electronic
 12 medical records system to:
 13 (i) be developed with the capability to enable qualified persons
 14 access to such records in a single, secure electronic format for saving
 15 to their own device and which may be updated automatically by the
 16 provider; and
 17 (ii) establish appropriate policies and procedures to ensure that all
 18 applicable state and federal laws to protect the confidentiality of
 19 individual medical records, including electronic medical records, are
 20 followed.
 21 § 2. This act shall take effect on the one hundred eightieth day after
 22 it shall have become a law.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD08155-02-5

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