Under both Federal and New York State law, patients (and other patient representatives) have the right to request copies of their medical records from their providers. Specifically, Section 18 of the New York Public Health Law, subject to certain requirements and exceptions as applicable, provides that upon the written request of any qualified person, a health care provider shall furnish to such individual a copy of any patient information requested which that individual is authorized to inspect and receive. Historically, providers would provide a patient with paper copies of their medical records, but in 2024 it is more likely that a patient will request an electronic copy of their records.
On September 27, 2024, New York Governor Kathy Hochul signed into law a new provision under Public Health Law Section 18 that took effect immediately upon signing that permits a qualified person to request a paper (physical) copy of any patient information requested rather than an electronic copy (subject to applicable permitted charges).
As noted in the legislative history accompanying this new law, the rationale for this new requirement is that “[s]ome patients prefer to not have their information shared electronically. Some patients have limited access to computers and printers, and requiring them to print out their own medical records could be burdensome. Other patients prefer that their personal information not be shared through the internet. These patients should have the right to receive a physical copy of their medical record upon their request and payment of the statutory copying and shipping fees.”
Providers who have transitioned to electronic medical records systems in New York should ensure they have a process to accommodate both electronic and paper requests for medical records – and should incorporate such processes into their medical record compliance plans.
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This Legal Briefing is intended for general informational and educational purposes only and should not be considered legal advice or counsel. The substance of this Legal Briefing is not intended to cover all legal issues or developments regarding the matter. Please consult with an attorney to ascertain how these new developments may relate to you or your business. © 2024 Law Offices of Pullano & Farrow PLLC