Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
May 15, 2014 |
print number 4174c |
May 15, 2014 |
amend and recommit to higher education |
May 12, 2014 |
print number 4174b |
May 12, 2014 |
amend and recommit to higher education |
Jan 08, 2014 |
referred to higher education returned to senate died in assembly |
Jun 21, 2013 |
referred to health delivered to assembly passed senate |
Jun 13, 2013 |
amended on third reading 4174a |
Jun 11, 2013 |
ordered to third reading cal.1273 committee discharged and committed to rules |
May 21, 2013 |
reported and committed to finance |
Mar 12, 2013 |
referred to higher education |
Senate Bill S4174C
2013-2014 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status - In Senate Committee Higher Education Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
Bill Amendments
co-Sponsors
(D, WF) 33rd Senate District
2013-S4174 - Details
- Current Committee:
- Senate Higher Education
- Law Section:
- Education Law
- Laws Affected:
- Amd §6530, Ed L; add §18-b, Pub Health L
- Versions Introduced in Other Legislative Sessions:
-
2009-2010:
S2188
2011-2012: S2215
2015-2016: S3398
2013-S4174 - Summary
Requires a health care provider or facility which has determined to cease to do business or which is transferring its ownership, at least sixty days prior to such action, notify the commissioner of health of its intent and shall provide a copy of its plan for transfer of patient records to another provider, facility or practitioner; if the determination to cease to do business or practice in this state resulted from illness, injury, or death, the commissioner shall work with the provider or his or her representative to facilitate notification and transfer records within one hundred sixty days after such notification.
2013-S4174 - Sponsor Memo
BILL NUMBER:S4174 TITLE OF BILL: An act to amend the education law and the public health law, in relation to the transfer of patient medical records in certain circumstances PURPOSE: This bill establishes requirement for orderly transfer of medical records, if a physician closes an office, makes it clear that failure to comply with law regarding patient access to his or her own records is misconduct, and allows the health commissioner to take emergency action to require new tests if the failure to release records timely poses a health threat to individual patients. SUMMARY OF PROVISIONS: Section one amends the Education Law section 6530 subdivision 40 to include within the definition of professional misconduct the failure to provide access to patient information in accordance with the standards set forth in Public Health Law section 17. Additionally, the reference to Public Health Law section 18 is clarified. Section two amends the Public Health Law by adding a new section 18-b. Subsection 1 provides that when a health care provider, facility, or practitioner which has possession of patient information has decided to cease to exist, transfer ownership, or interrupt services for a permanent or extended period of time shall notify the Commissioner of
2013-S4174 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4174 2013-2014 Regular Sessions I N S E N A T E March 12, 2013 ___________ Introduced by Sen. GOLDEN -- read twice and ordered printed, and when printed to be committed to the Committee on Higher Education AN ACT to amend the education law and the public health law, in relation to the transfer of patient medical records in certain circumstances THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 40 of section 6530 of the education law, as added by chapter 606 of the laws of 1991, is amended to read as follows: 40. Failing to provide access by qualified persons to patient informa- tion in accordance with the standards set forth in [section] SECTIONS SEVENTEEN AND eighteen of the public health law, SUCH SECTION EIGHTEEN as added by chapter [497] FOUR HUNDRED NINETY-SEVEN of the laws of [1986] NINETEEN HUNDRED EIGHTY-SIX; S 2. The public health law is amended by adding a new section 18-b to read as follows: S 18-B. REQUIREMENT FOR TRANSFER OF INFORMATION. 1. A HEALTH CARE PROVIDER, HEALTH CARE FACILITY, OR HEALTH CARE PRACTITIONER, AS SUCH TERMS ARE DEFINED IN SECTION EIGHTEEN OF THIS ARTICLE, WHICH HAS IN ITS POSSESSION PATIENT INFORMATION AS SUCH TERM IS DEFINED IN SUCH SECTION, AND WHICH HAS DETERMINED TO CEASE TO DO BUSINESS OR WHICH IS TRANS- FERRING ITS OWNERSHIP OR OTHERWISE INTERRUPTING ITS SERVICES FOR A PERMANENT OR EXTENDED PERIOD SHALL, AT LEAST SIXTY DAYS PRIOR TO SUCH ACTION, NOTIFY THE COMMISSIONER OF ITS INTENT AND SHALL PROVIDE A COPY OF ITS PLAN FOR TRANSFER OF PATIENT RECORDS TO ANOTHER PROVIDER, FACILI- TY, PRACTITIONER OR PATIENT, AS REQUESTED OR REQUIRED PURSUANT TO LAW. THE COMMISSIONER SHALL PRESCRIBE THE FORM OF SUCH PLAN, THE REQUIREMENTS FOR TRANSFER, AND THE MANNER OF REQUIRED NOTIFICATION. 2. IF THE COMMISSIONER SHALL DETERMINE THAT THE FAILURE OF ANY SUCH HEALTH CARE PROVIDER, HEALTH CARE FACILITY, OR HEALTH CARE PRACTITIONER TO TIMELY RELEASE MEDICAL RECORDS PURSUANT TO SECTIONS SEVENTEEN OR EIGHTEEN OF THIS TITLE, SUCH SECTION EIGHTEEN AS ADDED BY CHAPTER FOUR EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01923-02-3
co-Sponsors
(D, WF) 33rd Senate District
2013-S4174A - Details
- Current Committee:
- Senate Higher Education
- Law Section:
- Education Law
- Laws Affected:
- Amd §6530, Ed L; add §18-b, Pub Health L
- Versions Introduced in Other Legislative Sessions:
-
2009-2010:
S2188
2011-2012: S2215
2015-2016: S3398
2013-S4174A - Summary
Requires a health care provider or facility which has determined to cease to do business or which is transferring its ownership, at least sixty days prior to such action, notify the commissioner of health of its intent and shall provide a copy of its plan for transfer of patient records to another provider, facility or practitioner; if the determination to cease to do business or practice in this state resulted from illness, injury, or death, the commissioner shall work with the provider or his or her representative to facilitate notification and transfer records within one hundred sixty days after such notification.
2013-S4174A - Sponsor Memo
BILL NUMBER:S4174A TITLE OF BILL: An act to amend the education law and the public health law, in relation to the transfer of patient medical records in certain circumstances PURPOSE: This bill establishes requirement for orderly transfer of medical records, if a physician closes an office, makes it clear that failure to comply with law regarding patient access to his or her own records is misconduct, and allows the health commissioner to take emergency action to require new tests if the failure to release records timely poses a health threat to individual patients. SUMMARY OF PROVISIONS: Section one amends the Education Law section 6530(4) to include within the definition of professional misconduct the failure to provide access to patient information in accordance with the standards set forth in Public Health Law section 17. Additionally, the reference to Public Health Law section 18 is clarified. Section two amends the Public Health Law by adding a new section 18-b. Subsection y provides that when a health care Provider, facility, or practitioner that has possession of patient information has decided to cease to exist or cease to engage in the practice of medicine, the health care provider, facility, or practitioner shall notify the
2013-S4174A - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4174--A Cal. No. 1273 2013-2014 Regular Sessions I N S E N A T E March 12, 2013 ___________ Introduced by Sens. GOLDEN, RIVERA -- read twice and ordered printed, and when printed to be committed to the Committee on Higher Education -- reported favorably from said committee and committed to the Commit- tee on Finance -- committee discharged and said bill committed to the Committee on Rules -- ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading AN ACT to amend the education law and the public health law, in relation to the transfer of patient medical records in certain circumstances THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 40 of section 6530 of the education law, as added by chapter 606 of the laws of 1991, is amended to read as follows: 40. Failing to provide access by qualified persons to patient informa- tion in accordance with the standards set forth in [section] SECTIONS SEVENTEEN AND eighteen of the public health law, SUCH SECTION EIGHTEEN as added by chapter [497] FOUR HUNDRED NINETY-SEVEN of the laws of [1986] NINETEEN HUNDRED EIGHTY-SIX; S 2. The public health law is amended by adding a new section 18-b to read as follows: S 18-B. REQUIREMENT FOR TRANSFER OF INFORMATION. 1. A HEALTH CARE PROVIDER, HEALTH CARE FACILITY, OR HEALTH CARE PRACTITIONER, AS SUCH TERMS ARE DEFINED IN SECTION EIGHTEEN OF THIS TITLE, SUCH SECTION EIGH- TEEN AS ADDED BY CHAPTER FOUR HUNDRED NINETY-SEVEN OF THE LAWS OF NINE- TEEN HUNDRED EIGHTY-SIX, WHICH HAS IN ITS POSSESSION PATIENT INFORMATION AS SUCH TERM IS DEFINED IN SUCH SECTION, AND WHICH HAS DETERMINED TO PERMANENTLY CEASE TO DO BUSINESS OR PRACTICE IN THIS STATE SHALL, AT LEAST SIXTY DAYS PRIOR TO SUCH ACTION, NOTIFY THE COMMISSIONER OF ITS INTENT AND SHALL PROVIDE A COPY OF ITS PLAN FOR TRANSFER OF PATIENT RECORDS TO ANOTHER PROVIDER, FACILITY, PRACTITIONER OR PATIENT, AS REQUESTED BY THE PATIENT OR REQUIRED PURSUANT TO LAW. THE COMMISSIONER SHALL PRESCRIBE THE FORM OF SUCH PLAN, THE REQUIREMENTS FOR TRANSFER, EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
co-Sponsors
(D, WF) 33rd Senate District
2013-S4174B - Details
- Current Committee:
- Senate Higher Education
- Law Section:
- Education Law
- Laws Affected:
- Amd §6530, Ed L; add §18-b, Pub Health L
- Versions Introduced in Other Legislative Sessions:
-
2009-2010:
S2188
2011-2012: S2215
2015-2016: S3398
2013-S4174B - Summary
Requires a health care provider or facility which has determined to cease to do business or which is transferring its ownership, at least sixty days prior to such action, notify the commissioner of health of its intent and shall provide a copy of its plan for transfer of patient records to another provider, facility or practitioner; if the determination to cease to do business or practice in this state resulted from illness, injury, or death, the commissioner shall work with the provider or his or her representative to facilitate notification and transfer records within one hundred sixty days after such notification.
2013-S4174B - Sponsor Memo
BILL NUMBER:S4174B TITLE OF BILL: An act to amend the education law and the public health law, in relation to the transfer of patient medical records in certain circumstances PURPOSE: This bill establishes requirement for orderly transfer of medical records, if a physician closes an office, this bill makes it clear that failure to comply with law regarding patient access to his or her own records would be in violation of what is generally accepted reasonable expectation, an expectation to control the information about an individual's own health, and in the event a patient is not granted access to their medical records the health commissioner would be empowered to take emergency action to require new tests if the failure to release records timely poses a health threat to individual patients. SUMMARY OF PROVISIONS: Section one amends the Education Law section 6530(4) to include within the definition of professional misconduct the failure to provide access to patient information in accordance with the standards set forth in Public Health Law section 17. Additionally, the reference to Public Health Law section 18 is clarified.
2013-S4174B - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4174--B 2013-2014 Regular Sessions I N S E N A T E March 12, 2013 ___________ Introduced by Sens. GOLDEN, RIVERA -- read twice and ordered printed, and when printed to be committed to the Committee on Higher Education -- reported favorably from said committee and committed to the Commit- tee on Finance -- committee discharged and said bill committed to the Committee on Rules -- ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading -- recom- mitted to the Committee on Higher Education in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the education law and the public health law, in relation to the transfer of patient medical records in certain circumstances THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 40 of section 6530 of the education law, as added by chapter 606 of the laws of 1991, is amended to read as follows: 40. Failing to provide access by qualified persons to patient informa- tion in accordance with the standards set forth in [section] SECTIONS SEVENTEEN AND eighteen of the public health law, SUCH SECTION EIGHTEEN as added by chapter [497] FOUR HUNDRED NINETY-SEVEN of the laws of [1986] NINETEEN HUNDRED EIGHTY-SIX; S 2. The public health law is amended by adding a new section 18-b to read as follows: S 18-B. REQUIREMENT FOR TRANSFER OF INFORMATION. 1. DEFINITIONS. FOR THE PURPOSES OF THIS SECTION THE FOLLOWING TERMS SHALL HAVE THE FOLLOW- ING MEANINGS: (A) "CEASE TO DO BUSINESS IN THIS STATE" SHALL MEAN ANY CASE WHERE A HEALTH CARE PROVIDER WHO HAS ENGAGED IN AN ON-GOING PRACTICE OR BUSINESS WITHIN THIS STATE AS A HEALTH CARE PROVIDER, CEASES TO ENGAGE IN SUCH BUSINESS, PROVIDED HOWEVER, THAT THIS TERM SHALL NOT INCLUDE A HEALTH CARE PRACTITIONER WHOSE PRACTICE IS MERGED, CONSOLIDATED, COMBINED, OR ACQUIRED BY ANOTHER HEALTH CARE PROVIDER AND HE OR SHE CONTINUES TO EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01923-17-4
co-Sponsors
(D, WF) 33rd Senate District
2013-S4174C (ACTIVE) - Details
- Current Committee:
- Senate Higher Education
- Law Section:
- Education Law
- Laws Affected:
- Amd §6530, Ed L; add §18-b, Pub Health L
- Versions Introduced in Other Legislative Sessions:
-
2009-2010:
S2188
2011-2012: S2215
2015-2016: S3398
2013-S4174C (ACTIVE) - Summary
Requires a health care provider or facility which has determined to cease to do business or which is transferring its ownership, at least sixty days prior to such action, notify the commissioner of health of its intent and shall provide a copy of its plan for transfer of patient records to another provider, facility or practitioner; if the determination to cease to do business or practice in this state resulted from illness, injury, or death, the commissioner shall work with the provider or his or her representative to facilitate notification and transfer records within one hundred sixty days after such notification.
2013-S4174C (ACTIVE) - Sponsor Memo
BILL NUMBER:S4174C TITLE OF BILL: An act to amend the education law and the public health law, in relation to the transfer of patient medical records in certain circumstances PURPOSE: This bill establishes requirement for orderly transfer of medical records, if a physician closes an office, this bill makes it clear that failure to comply with law regarding patient access to his or her own records would be in violation of what is generally accepted reasonable expectation, an expectation to control the information about an individual's own health, and in the event a patient is not granted access to their medical records the health commissioner would be empowered to take emergency action to require new tests if the failure to release records timely poses a health threat to individual patients. SUMMARY OF PROVISIONS: Section one amends the Education Law section 6530(4) to include within the definition of professional misconduct the failure to provide access to patient information in accordance with the standards set forth in Public Health Law section 17. Additionally, the reference to Public Health Law section 18 is clarified.
2013-S4174C (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4174--C 2013-2014 Regular Sessions I N S E N A T E March 12, 2013 ___________ Introduced by Sens. GOLDEN, RIVERA -- read twice and ordered printed, and when printed to be committed to the Committee on Higher Education -- reported favorably from said committee and committed to the Commit- tee on Finance -- committee discharged and said bill committed to the Committee on Rules -- ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading -- recom- mitted to the Committee on Higher Education in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the education law and the public health law, in relation to the transfer of patient medical records in certain circumstances THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 40 of section 6530 of the education law, as added by chapter 606 of the laws of 1991, is amended to read as follows: 40. Failing to provide access by qualified persons to patient informa- tion in accordance with the standards set forth in [section] SECTIONS SEVENTEEN AND eighteen of the public health law, SUCH SECTION EIGHTEEN as added by chapter [497] FOUR HUNDRED NINETY-SEVEN of the laws of [1986] NINETEEN HUNDRED EIGHTY-SIX; S 2. The public health law is amended by adding a new section 18-b to read as follows: S 18-B. REQUIREMENT FOR TRANSFER OF INFORMATION. 1. DEFINITIONS. FOR THE PURPOSES OF THIS SECTION THE FOLLOWING TERMS SHALL HAVE THE FOLLOW- ING MEANINGS: (A) "CEASE TO DO BUSINESS IN THIS STATE" SHALL MEAN ANY CASE WHERE A HEALTH CARE PROVIDER WHO HAS ENGAGED IN AN ON-GOING PRACTICE OR BUSINESS WITHIN THIS STATE AS A HEALTH CARE PROVIDER, CEASES TO ENGAGE IN SUCH BUSINESS, PROVIDED HOWEVER, THAT THIS TERM SHALL NOT INCLUDE A HEALTH EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01923-19-4
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