BILL NUMBER: S1468
SPONSOR: SERRANO
 
TITLE OF BILL:
An act to amend the public health law and the mental hygiene law, in
relation to patient health information and medical records
 
PURPOSE OR GENERAL IDEA OF BILL:
To make consistent the various laws on consumers' access to their health
and medical records and to facilitate the transfer of such records among
their health care professionals.
 
SUMMARY OF SPECIFIC PROVISIONS:-
Section 1 amends Public Health Law (PHL) § 17 relating to the transfer
of health information and medical records among health care providers,
and broaden application to licensed professionals who either maintain or
need access to such information.
Sections 2 and 3 make similar amendments to PHL § 18 relating to the
transfer of health information or medical records to a patient or his or
her authorized representative. The bill expands the definition of
"health care provider" § 18. The definition also applies to § 17.
Sections 4 and 5 make similar amendments to Mental Hygiene Law § 33.16,
relating to the transfer of clinical records among mental health practi-
tioners and access for authorized patient representatives, and updates
the definition of mental health practitioners by referencing the defi-
nition in Public Health Law
Section 18.
Section 6 creates a new subdivision (1) within Mental Hygiene Law 33.16
to connect its provisions to PHL SS 17 and 18.
 
JUSTIFICATION:
Computer systems and the internet have revolutionized the storage and
transfer of health records, and the number of health care professions
under obligation to keep such records has grown. This bill would make
consistent the various sections of law in order to improve continuity of
care across providers in different settings.
 
PRIOR LEGISLATIVE HISTORY:ò
2023-2024: S.1520 - Passed Senate. Passed Assembly. Vetoed memo.27.
Tabled.
2021-2022: S.1482 - Referred to Health
2019-2020: S.5243A - Referred to Health
2017-2018: S.3445 - Referred to Health
2015-2016: S.2592 - Referred to Health
 
FISCAL IMPLICATIONS:
This bill would have no fiscal impact on State or local governments.
 
EFFECTIVE DATE:
January 1 following the date on which it became law.

Statutes affected:
S1468: 18 public health law, 18(2) public health law, 33.16 mental hygiene law