New York A 2348: Requires providers to share electronic health records with plans for purposes of improving patient care and reducing administrative delays

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A02348 Summary:

BILL NOA02348 

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SAME ASSAME AS S05456

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SPONSORMcDonald

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COSPNSRZinerman, Hunter, Stirpe, Bendett, Brown K, McDonough, Novakhov, Jackson, Buttenschon, Kelles

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MLTSPNSR

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

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Requires providers to share electronic health records with plans for purposes of improving patient care and reducing administrative delays.

Go to top A02348 Actions:

BILL NOA02348 

&nbsp

01/16/2025referred to health

01/07/2026referred to health

Go to topA02348 Committee&nbspVotes:

Go to topA02348 Floor&nbspVotes:

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

Go to topA02348 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 2348

 2025-2026 Regular Sessions

 IN ASSEMBLY

 January 16, 2025
 ___________

 Introduced by M. of A. McDONALD, ZINERMAN, HUNTER, STIRPE, BENDETT,
 K. BROWN, McDONOUGH, NOVAKHOV, JACKSON, BUTTENSCHON, KELLES -- read
 once and referred to the Committee on Health

 AN ACT to amend the public health law and the insurance law, in relation
 to requiring providers to share electronic health records with plans

 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. (a) The commissioner shall require every general hospital subject
 4 to this article to timely share electronic medical records to utiliza-
 5 tion review agents for purposes of article forty-nine of this chapter
 6 and article forty-nine of the insurance law. Nothing contained herein
 7 shall prohibit a health care plan from entering into an agreement with a
 8 health care provider for the sharing and transmission of electronic
 9 medical records pursuant to this section.
 10 (b) Records disclosed pursuant to paragraph (a) of this subdivision
 11 shall:
 12 (i) be used exclusively for individual claim/care review and adjudi-
 13 cation and shall not be used for any auditing function or to detect any
 14 historical patterns of billing or abuse;
 15 (ii) include the entire medical record and not exclude data which may
 16 limit access to admission, discharge, and treatment information; and
 17 (iii) not be used by health plans to separately request additional
 18 information to support a coverage determination if the information is
 19 otherwise available in an electronic medical record.
 20 (c) Health plans utilizing electronic medical records under this
 21 subdivision shall not seek information that they are not already permit-
 22 ted to receive. Health plans shall prioritize the safeguarding of their
 23 insureds' data, including their protected health information and
 24 personally identifiable information. To the extent feasible and neces-

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD01538-01-5

 A. 2348 2

 1 sary, health plans shall also seek to be Health Information Trust Alli-
 2 ance (HITRUST) certified, which requires demonstrating and following
 3 global standards for data security and privacy compliance.
 4 § 2. Paragraph (g) of subdivision 1 of section 4902 of the public
 5 health law, as added by chapter 705 of the laws of 1996, is amended to
 6 read as follows:
 7 (g) Establishment of appropriate policies and procedures to ensure
 8 that all applicable state and federal laws to protect the confidentiali-
 9 ty of individual medical records, including electronic medical records,
 10 are followed;
 11 § 3. Subdivision 7 of section 4905 of the public health law, as
 12 amended by section 6 of subpart C of part AA of chapter 57 of the laws
 13 of 2022, is amended to read as follows:
 14 7. When making prospective, concurrent and retrospective determi-
 15 nations, utilization review agents shall collect only such information
 16 as is necessary to make such determination and shall not routinely
 17 require health care providers to numerically code diagnoses or proce-
 18 dures to be considered for certification or routinely request copies of
 19 medical records of all patients reviewed. During prospective or concur-
 20 rent review, copies of medical records shall