BILL NUMBER: S3838
SPONSOR: HINCHEY
 
TITLE OF BILL:
An act to amend the public health law, in relation to the release of
medical records in an electronic format
 
PURPOSE:
To make a patient's medical records as accessible as possible by requir-
ing medical records to be accessible through healthcare portals and be
provided in a downloadable format.
 
SUMMARY OF PROVISIONS:
Section one amends section 18 of the public health law by adding a new
paragraph that requires all medical records that a patient has a right
to access must be accessible through the patient's healthcare portal and
in a downloadable form.
Section two states the effective date.
 
JUSTIFICATION:
Since the enactment of the Health Insurance Portability and Accountabil-
ity Act of 1996 (HIPPA), the right of a patient to access their medical
records has been well established. Everyone has the right to access
their medical records and receive them in the most convenient form that
can be provided. However, since HIPPA's enactment, the healthcare land-
scape has changed: Many New Yorkers now use healthcare portals to coor-
dinate their care and while some providers give access to a patient's
medical records through these portals, it is not a universal standard.
This legislation would require providers to allow patients access to
their medical records via their online healthcare portal and that the
records be downloadable. This will ensure that patients have every
available avenue to view their medical records in the most convenient
form possible.
 
LEGISLATIVE HISTORY:
2023-2024: S7769A/A8961A - Passed Senate/Referred to Health
 
FISCAL IMPLICATIONS:
None to state.
 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law.

Statutes affected:
S3838: 18 public health law, 18(2) public health law