S 3838 NY

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Bill No.: Summary Actions Committee&nbspVotes Floor&nbspVotes Memo Text LFIN Chamber&nbspVideo/Transcript S03838 Summary: BILL NO S03838A &nbsp SAME AS SAME AS A05316-A

&nbsp SPONSOR HINCHEY &nbsp COSPNSR &nbsp MLTSPNSR &nbsp Amd §18, Pub Health L &nbsp Requires medical records to be made available to patients in an electronic format through a web portal and in a format that allows patients to save records to their own device; requires electronic medical records systems to give qualified persons access to records in a single, secure format and to establish policies and procedures to endure confidentiality.

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STATE OF NEW YORK ________________________________________________________________________

3838--A Cal. No. 657

2025-2026 Regular Sessions

IN SENATE

January 30, 2025 ___________

Introduced by Sen. HINCHEY -- read twice and ordered printed, and when printed to be committed to the Committee on Health -- reported favora- bly from said committee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading

AN ACT to amend the public health law, in relation to the release of medical records in an electronic format

The People of the State of New York, represented in Senate and Assem- bly, do enact as follows:

1 Section 1. Subdivision 2 of section 18 of the public health law is 2 amended by adding two new paragraphs (j) and (k) to read as follows: 3 (j) Subject to the provisions of subdivision three of this section, 4 upon the request of a qualified person, all electronic medical records 5 required to be released pursuant to this section shall be made available 6 to qualified persons in an electronic format through a web portal and 7 such records shall be provided in a format that allows qualified persons 8 to save the records to their own device. 9 (k) Within one hundred eighty days of the effective date of this para- 10 graph, the department shall establish rules and regulations, consistent 11 with state and federal law and regulations, requiring any electronic 12 medical records system to: 13 (i) be developed with the capability to enable qualified persons 14 access to such records in a single, secure electronic format for saving 15 to their own device and which may be updated automatically by the 16 provider; and 17 (ii) establish appropriate policies and procedures to ensure that all 18 applicable state and federal laws to protect the confidentiality of 19 individual medical records, including electronic medical records, are 20 followed. 21 § 2. This act shall take effect on the one hundred eightieth day after 22 it shall have become a law.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08155-02-5

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