Referred to: The Public Health and Social Services Committee (Chairman Lopez and

Legislators Allen, Belfiglio, Litts and Provenzano)

Legislator Chris Allen offers the following:

WHEREAS, New York Public Health Law Section 18 provides that any

"qualified person" as defined by New York Public Health Care Law Section 18,

Subdivision G, may request the inspection of the medical records of a "subject", as

said word is defined by New York State Health Care Law Section 18, subdivision I,

and that "such subject [may] inspect any patient information concerning or relating to

the examination or treatment of such subject in the possession of such health care

provider" which is also "subject to the provisions of subdivision three of this section

(b)”; and

WHEREAS, upon the written request of the committee of an incompetent

appointed pursuant to Article 78 of the Mental Hygiene Law, a health care provider

shall provide an opportunity within ten (10) days for the inspection by such

committee of any patient information concerning the incompetent subject that is in

possession of the health provider"; and

WHEREAS, New York Public Health Law Section 18, Subdivision (c) defines

the provisions through which a parent or any legally appointed guardian may have

the right to request the inspection of "any patient information maintained or

possessed by such provider concerning care or treatment of the infant for which the

consent of such parent or guardian was obtained or where the care was provided

without consent in an emergency or as the result of an accidental injury or the

unexpected onset of a serious illness"; and

WHEREAS, New York State Public Health Law Section 18, Subdivision 8

provides for the inspection of health care records by "qualified persons" and further

provides that challenges may be made to the accuracy of patients' information,

expressly permitting the inclusion of a brief written statement to be permanently

added to the patient information immediately after the challenged information, with

such information becoming a permanent part of the patients' records; and

WHEREAS, New York State Public Health Care Law Section 18, Subdivision

8 allows facilities to place specifically unspecified "reasonable restrictions" on the

time and frequency of such challenges to accuracy; and

WHEREAS, erroneous patient information can also have a detrimental effect

on the health and welfare of said patients in the event of a medical emergency or in

the routine maintenance and treatment of their personal health care needs; and

WHEREAS, the Health and Social Services Committee of the Ulster County

Legislature is deeply committed to protecting the health and welfare of the residents

of Ulster County now, therefore, be it

RESOLVED, the Ulster County Legislature hereby requests that the New

York State Senate and the New York State Assembly amend Section 18, Subdivion

(8), of the New York Public Health Law to permit qualified persons to correct

erroneous patient information without restriction, and permanently expunge incorrect

information from patient records; and be it further

RESOLVED, that the Clerk of the Ulster County Legislature shall forward

copies of this resolution to New York State Assemblymen Kevin A. Cahill, Peter D.

Lopez, Claudia Tenney and Frank Skartados, and New York State Senators George

Amedore, John J. Bonacic, William J. Larkin Jr. and James L. Seward,

and move its adoption.

 ADOPTED BY THE FOLLOWING VOTE:

 AYES: 23 NOES: 0

No Action Taken In Public Health and Social Services Committee on May 4, 2015

Passed Committee: Public Health and Social Services as amended on June 1, 2015

FINANCIAL IMPACT:

NONE

STATE OF NEW YORK

 ss:

COUNTY OF ULSTER

I, the undersigned Clerk of the Legislature of the County of Ulster, hereby certify that the foregoing resolution is

the original resolution adopted by the Ulster County Legislature on the 16th Day of June in the year Two Thousand and

Fifteen, and said resolution shall remain on file in the office of said clerk.

IN WITNESS WHEREOF, I have hereunto set my hand and seal of the County of Ulster this 18th Day of June in

the year Two Thousand and Fifteen.

|s| Victoria A. Fabella

Victoria A. Fabella, Clerk

Ulster County Legislature