A8905 — Relates to the provision of patient health information and medical records

Summary

Relates to the provision of patient health information and medical records; expands the definition of medical records to include all health related records; prohibits fees for providing certain records.

Bill Text

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Compared against the New York Consolidated Laws as published AI-generated reading aid — verify against the official bill.

This bill amends 1 section(s) of the New York Consolidated Laws: Section 17 of the public health law.

• Section 17 of the public health law

  medical an examining, consulting or treating physician or hospital must said physician or hospital x-rays, medical and test records including all laboratory tests physician or hospital provided, however, that Either the physician or hospital x-rays, medical and test records including all laboratory tests for such physician or hospital . However, the reasonable charge term "laboratory tests" shall include be and or or a person certified under section twenty-five hundred sixty of this chapter or facility or health care practitioner who for assessment of a health condition including, but not limited to, a health assessment for insur- ance and employment purposes or has treated or is treating such subject, except (i) 23.05 or , (ii) , (iii) (iv) state board for professional medical conduct board . However, the reason- able charge licensed under article one hundred thirty-one of the educa- tion law who practices psychiatry or a person licensed under article one hundred thirty-nine, one hundred fifty-three or one hundred fifty-four of the education law . However, the reasonable charge → health to a designated health care provider 1. a health care provider who has provided professional health care services pertaining to a patient shall non- clinical health care provider requested health health care provider. However, 2. A health care provider health italics not to exceed the health care provider's actual health care provider actual , which 3. Where a health care provider provides health care professional services as an employee of or under contract with another health care provider, compliance with this section shall be the responsibility of the health care provider that employs or contracts for the services of the other health care provider, unless the terms of the employment or contract explicitly provide otherwise. If a health care provider receives a request under this section and compliance is the responsibil- ity of a different health care provider under this subdivision, the health care provider receiving the request shall immediately inform the requesting party to which health care provider the request should be directed. 4. following terms shall have the following meanings: (a) "Health record" includes any patient information as defined in section eighteen of this title, X-rays and other images, and records of laboratory tests including (b) "Health care provider" and "health care practitioner" have the same meanings as defined in section eighteen of this title. (c) "Professional health care services" means the services of a health care provider examining, assessing, treating or consulting in relation to a patient or patient's condition, within the scope of practice of a health care practitioner. ; or an entity that provides the health care professional services of a health care provider by employing or contracting for the health care professional services of a health care provider (medicine) (physician assistants), one hundred thirty-one-C (special- ist assistant) (chiropractic) (dentistry, dental hygiene, and registered dental assisting), one hundred thirty-four (licensed perfusionists) (physical therapy and physical therapy assistants), one hundred thirty- seven (pharmacy) (nursing), one hundred forty (professional midwifery practice) (podiatry) (optometry) (ophthalmic dispensing) (psychology) (social work), one hundred fifty-five (massage therapy) (occupational therapy), one hundred fifty-seven (dietetics and nutrition) (speech-language pathologists and audiologists), one hundred sixty (acupuncture), one hundred sixty-two (athletic trainers), one hundred sixty-three (mental health practitioners), one hundred sixty-four (respiratory therapists and respiratory therapy technicians), one hundred sixty-five (clinical laboratory technology practice), one hundred sixty-six (medical physics practice), or one hundred sixty-seven (applied behavior analysis) (i) : or health record , consulting in relation to providing drugs or devices, or providing professional health care services pertaining to provider which . It shall include X-rays and other images, and records of laboratory tests including but not limited to tests and examinations administered in clinical laboratories or blood banks as those terms are defined in section five hundred seventy-one of this chapter. It shall include records of charges to, and payments received from, the patient or identifiable subject or any other party on behalf of the patient or identifiable subject, for any such services, drugs or devices (ii) "Patient information" or "information" shall not include (A) ; (B) non-clinical ; (C) and provided further that this clause does not apply to any referral, order, authorization, or prescription received from the other practitioner; (D) department of health or the department of education (iii) (k) "Professional health care services" means the services of a health care provider examining, assessing, treating or consulting in relation to an identifiable subject of an identifiable subject's condition, with- in the scope of practice of a

  amended

Action History

1. January 07, 2026

   REFERRED TO HEALTH

2. June 16, 2025

   REFERRED TO HEALTH

Sponsors

• Emerita Torres · Primary

Subjects