New York A 1082: Relates to utilization review agents access to electronic medical records

Bill Text

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A01082 Summary:

BILL NOA01082 

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SAME ASNo Same As

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SPONSORLunsford

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COSPNSR

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MLTSPNSR

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Amd §§2803, 4902 & 4905, Pub Health L; amd §31.04, Ment Hyg L; amd §§4902 & 4905, Ins L

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Requires certain medical records to be made available when requested by utilization review agents.

Go to top A01082 Actions:

BILL NOA01082 

&nbsp

01/08/2025referred to health

01/07/2026referred to health

Go to topA01082 Committee&nbspVotes:

Go to topA01082 Floor&nbspVotes:

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

Go to topA01082 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 1082

 2025-2026 Regular Sessions

 IN ASSEMBLY

 January 8, 2025
 ___________

 Introduced by M. of A. LUNSFORD -- read once and referred to the Commit-
 tee on Health

 AN ACT to amend the public health law, the mental hygiene law and the
 insurance law, in relation to utilization review agents access to
 electronic medical records

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

 1 Section 1. Section 2803 of the public health law is amended by adding
 2 a new subdivision 15 to read as follows:
 3 15. The commissioner shall require every general hospital and every
 4 clinic licensed pursuant to this article to adopt a process by which
 5 access to electronic medical records are provided to utilization review
 6 agents for purposes of article forty-nine of this chapter and article
 7 forty-nine of the insurance law. Nothing contained herein shall prohibit
 8 a health care plan from entering into an agreement with a health care
 9 provider for the transmission of electronic medical records pursuant to
 10 this subdivision.
 11 § 2. Paragraph (g) of subdivision 1 of section 4902 of the public
 12 health law, as added by chapter 705 of the laws of 1996, is amended to
 13 read as follows:
 14 (g) Establishment of appropriate policies and procedures to ensure
 15 that all applicable state and federal laws to protect the confidentiali-
 16 ty of individual medical records, including electronic medical records,
 17 are followed;
 18 § 3. Subdivision 7 of section 4905 of the public health law, as
 19 amended by section 6 of subpart C of part AA of chapter 57 of the laws
 20 of 2022, is amended to read as follows:
 21 7. When making prospective, concurrent and retrospective determi-
 22 nations, utilization review agents shall collect only such information
 23 as is necessary to make such determination and shall not routinely
 24 require health care providers to numerically code diagnoses or proce-

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD01511-01-5

 A. 1082 2

 1 dures to be considered for certification or routinely request copies of
 2 medical records of all patients reviewed. During prospective or concur-
 3 rent review, copies of medical records shall only be required when
 4 necessary to verify that the health care services subject to such review
 5 are medically necessary. In such cases, only the necessary or relevant
 6 sections of the medical record shall be required. A utilization review
 7 agent may request copies of partial or complete medical records retros-
 8 pectively. Medical records requested by utilization review agents for
 9 purposes of this subdivision shall be made available electronically by
 10 health care providers pursuant to subdivision fifteen of section twen-
 11 ty-eight hundred three of this chapter and subdivision (f) of section
 12 31.04 of the mental hygiene law.
 13 § 4. Section 31.04 of the mental hygiene law is amended by adding a
 14 new subdivision (f) to read as follows:
 15 (f) The commissioner, in consultation with the commissioner of health
 16 shall require every clinic licensed pursuant to this article to adopt a
 17 process by which access to electronic medical records are provided to
 18 utilization review agents for purposes of article forty-nine of the
 19 public health law and article forty-nine of the insurance law. Nothing
 20 contained herein shall prohibit a health care plan from entering into an
 21 agreement with a clinic licensed pursuant to this article for the trans-
 22 mission of electronic medical