New York A 7981: Relates to requiring providers to share electronic medical records with healthcare plans

Bill Text

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A07981 Summary:

BILL NOA07981 

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SAME ASSAME AS S08203

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SPONSORMcDonald

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COSPNSR

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MLTSPNSR

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Amd §§3217-b, 4325 & 4905, Ins L; amd §§4406-c, 2803 & 4905, Pub Health L

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Requires that a contract between an insurer and a hospital shall include a provision that provides for medical records requested by the insurer or its utilization review agent to be made available electronically by the hospital; limits the use of disclosed records.

Go to top A07981 Actions:

BILL NOA07981 

&nbsp

04/16/2025referred to insurance

01/07/2026referred to insurance

Go to topA07981 Committee&nbspVotes:

Go to topA07981 Floor&nbspVotes:

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

Go to topA07981 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 7981

 2025-2026 Regular Sessions

 IN ASSEMBLY

 April 16, 2025
 ___________

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

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

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

 1 Section 1. Section 3217-b of the insurance law is amended by adding a
 2 new subsection (p) to read as follows:
 3 (p) A contract between an insurer and a hospital shall include a
 4 provision that provides for medical records requested by the insurer or
 5 its utilization review agent to be made available electronically by the
 6 hospital in accordance with subdivision fifteen of section twenty-eight
 7 hundred three of the public health law, including direct access by the
 8 insurer or its utilization review agent to retrieve such records to
 9 perform utilization review pursuant to title one of article forty-nine
 10 of this chapter.
 11 § 2. Section 4325 of the insurance law is amended by adding a new
 12 subsection (p) to read as follows:
 13 (p) A contract between a corporation and a hospital shall include a
 14 provision that provides for medical records requested by the corporation
 15 or its utilization review agent to be made available electronically by
 16 the hospital in accordance with subdivision fifteen of section twenty-
 17 eight hundred three of the public health law, including direct access by
 18 the corporation or its utilization review agent to retrieve such records
 19 to perform utilization review pursuant to title one of article forty-
 20 nine of this chapter.
 21 § 3. Subsection (g) of section 4905 of the insurance law, as amended
 22 by section 5 of subpart C of part AA of chapter 57 of the laws of 2022,
 23 is amended to read as follows:

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD11577-01-5

 A. 7981 2

 1 (g) When making prospective, concurrent and retrospective determi-
 2 nations, utilization review agents shall collect only such information
 3 as is necessary to make such determination and shall not routinely
 4 require health care providers to numerically code diagnoses or proce-
 5 dures to be considered for certification or routinely request copies of
 6 medical records of all patients reviewed. During prospective or concur-
 7 rent review, copies of medical records shall only be required when
 8 necessary to verify that the health care services subject to such review
 9 are medically necessary. In such cases, only the necessary or relevant
 10 sections of the medical record shall be required. A utilization review
 11 agent may request copies of partial or complete medical records retros-
 12 pectively. Medical records requested by utilization review agents for
 13 purposes of this subsection shall be provided electronically by partic-
 14 ipating hospitals pursuant to subdivision fifteen of section twenty-
 15 eight hundred three of the public health law.
 16 § 4. Section 4406-c of the public health law is amended by adding a
 17 new subdivision 14 to read as follows:
 18 14. A contract between a health care plan and a hospital shall include
 19 a provision that provides for medical records requested by the health
 20 care plan or its utilization review agent to be made available electron