Provides that a patient who is eighteen years of age or older shall have the right to request a report of any laboratory results of tests performed on such person.
TITLE OF BILL: An act to amend the public health law, in relation to permitting direct access to laboratory results
PURPOSE: To grant patients of eighteen years of age or older direct access to their personal laboratory results.
SUMMARY OF PROVISIONS: Section 1 amends the public health law by adding a new section 576-d, which authorizes patients of eighteen years of age or older to request and view a report of their laboratory results. The report will consist of a clear statement that will not act as replacement for physician or health care practitioner communication or advice. Section 2 effective date.
JUSTIFICATION: Currently in the state of New York, patients are not authorized to view their personal laboratory results. Instead, patients must first consult their physicians, who then would need to request access to the results. While other states allow patients to view their laboratory reports by request, New York unnecessarily forces patients to ask physicians to request the information for them. However, patients have a right to access their own results as it is their bodies and of their concern. This law would help patients get faster access to these medical records.
LEGISLATIVE HISTORY: S.2622 of 2007-2008; Referred to Senate Health Committee S.3219 of 2009-2010; Referred to Senate Health Committee
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act shall take effect on the one hundred twentieth day after it shall have become a law; provided, however, that effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized and directed to be made and completed on or before such effective date.
STATE OF NEW YORK ________________________________________________________________________ 261 2011-2012 Regular Sessions IN SENATE (PREFILED) January 5, 2011 ___________Introduced by Sens. MAZIARZ, ALESI, DeFRANCISCO, GRIFFO, HANNON, LIBOUS -- read twice and ordered printed, and when printed to be committed to the Committee on Health AN ACT to amend the public health law, in relation to permitting direct access to laboratory results THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The public health law is amended by adding a new section 576-d to read as follows: S 576-D. DIRECT PATIENT ACCESS TO LABORATORY RESULTS. A PATIENT WHO IS EIGHTEEN YEARS OF AGE OR OLDER SHALL HAVE THE RIGHT TO REQUEST A REPORT OF ANY LABORATORY RESULTS OF TESTS PERFORMED ON SUCH PERSON. NOTHING IN THIS SECTION SHALL AUTHORIZE A CLINICAL LABORATORY TO ENGAGE IN THE PRACTICE OF ANY HEALTH CARE PROFESSION UNDER TITLE EIGHT OF THE EDUCA- TION LAW. THE REPORT ISSUED TO A PERSON PURSUANT TO THIS SECTION SHALL CONTAIN A CLEAR STATEMENT, PRESENTED IN A PROMINENT MANNER, TO THE EFFECT THAT THE REPORT SHOULD NOT BE VIEWED AS MEDICAL ADVICE AND IS NOT MEANT TO REPLACE DIRECT COMMUNICATION WITH A PHYSICIAN OR OTHER HEALTH CARE PRACTITIONER. S 2. This act shall take effect on the one hundred twentieth day after it shall have become a law; provided, however, that effective immediate- ly, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized and directed to be made and completed on or before such effective date.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01669-01-1