New York A 1943: Relates to providing copies of medical records to patients

Bill Text

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A01943 Summary:

BILL NOA01943 

&nbsp

SAME ASNo Same As

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SPONSORRosenthal

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COSPNSR

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MLTSPNSR

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Amd §17, Pub Health L

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Allows for patients to make a written request to receive copies of their medical records.

Go to top A01943 Actions:

BILL NOA01943 

&nbsp

01/14/2025referred to health

01/07/2026referred to health

Go to topA01943 Committee&nbspVotes:

Go to topA01943 Floor&nbspVotes:

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

Go to topA01943 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 1943

 2025-2026 Regular Sessions

 IN ASSEMBLY

 January 14, 2025
 ___________

 Introduced by M. of A. ROSENTHAL -- read once and referred to the
 Committee on Health

 AN ACT to amend the public health law, in relation to a patient's writ-
 ten request to receive copies of medical records

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

 1 Section 1. Section 17 of the public health law, as amended by chapter
 2 165 of the laws of 1991, and the first undesignated paragraph as amended
 3 by chapter 322 of the laws of 2017, is amended to read as follows:
 4 § 17. Release of medical records. 1. Upon the written request of any
 5 competent patient, parent or guardian of an infant, a guardian appointed
 6 pursuant to article eighty-one of the mental hygiene law, or conservator
 7 of a conservatee, an examining, consulting or treating physician or
 8 hospital must release and deliver, exclusive of personal notes of the
 9 said physician or hospital, copies of all x-rays, medical records and
 10 test records including all laboratory tests regarding that patient to
 11 any other designated physician or hospital provided, however, that such
 12 records concerning the treatment of an infant patient for venereal
 13 disease or the performance of an abortion operation upon such infant
 14 patient shall not be released or in any manner be made available to the
 15 parent or guardian of such infant, and provided, further, that original
 16 mammograms, rather than copies thereof, shall be released and delivered.
 17 Either the physician or hospital incurring the expense of providing
 18 copies of x-rays, medical records and test records including all labora-
 19 tory tests pursuant to the provisions of this section may impose a
 20 reasonable charge to be paid by the person requesting the release and
 21 deliverance of such records as reimbursement for such expenses,
 22 provided, however, that the physician or hospital may not impose a
 23 charge for copying an original mammogram when the original has been
 24 released or delivered to any competent patient, parent or guardian of an
 25 infant, a guardian appointed pursuant to article eighty-one of the

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD05441-01-5

 A. 1943 2

 1 mental hygiene law, or a conservator of a conservatee and provided,
 2 further, that any charge for delivering an original mammogram pursuant
 3 to this section shall not exceed the documented costs associated there-
 4 with. However, the reasonable charge for paper copies shall not exceed
 5 seventy-five cents per page. A release of records under this section
 6 shall not be denied solely because of inability to pay. No charge may be
 7 imposed under this section for providing, releasing, or delivering
 8 medical records or copies of medical records where requested for the
 9 purpose of supporting an application, claim or appeal for any government
 10 benefit or program, provided that, where a provider maintains medical
 11 records in electronic form, it shall provide the copy in either elec-
 12 tronic or paper form, as required by the government benefit or program,
 13 or at the patient's request.
 14 2. Upon the written request of any competent patient, parent or guard-
 15 ian of an infant, a guardian appointed pursuant to article eighty-one of
 16 the mental hygiene law, or conservator of a conservatee, an examining,
 17 consulting or treating physician or hospital shall release and deliver,
 18 exclusive of personal notes of the said physician or hospital, copies of
 19 all x-rays, medical records and test records including all labora