N.Y. Public Health Law § 17: Release of medical records

§ 17. Release of medical records. Upon the written request of any

competent patient, parent or guardian of an infant, a guardian appointed

pursuant to article eighty-one of the mental hygiene law, or conservator

of a conservatee, an examining, consulting or treating physician or

hospital must release and deliver, exclusive of personal notes of the

said physician or hospital, copies of all x-rays, medical records and

test records including all laboratory tests regarding that patient to

any other designated physician or hospital provided, however, that such

records concerning the treatment of an infant patient for venereal

disease or the performance of an abortion operation upon such infant

patient shall not be released or in any manner be made available to the

parent or guardian of such infant, and provided, further, that original

mammograms, rather than copies thereof, shall be released and delivered.

Either the physician or hospital incurring the expense of providing

copies of x-rays, medical records and test records including all

laboratory tests pursuant to the provisions of this section may impose a

reasonable charge to be paid by the person requesting the release and

deliverance of such records as reimbursement for such expenses,

provided, however, that the physician or hospital may not impose a

charge for copying an original mammogram when the original has been

released or delivered to any competent patient, parent or guardian of an

infant, a guardian appointed pursuant to article eighty-one of the

mental hygiene law, or a conservator of a conservatee and provided,

further, that any charge for delivering an original mammogram pursuant

to this section shall not exceed the documented costs associated

therewith. However, the reasonable charge for paper copies shall not

exceed seventy-five cents per page. A release of records under this

section shall not be denied solely because of inability to pay. No

charge may be imposed under this section for providing, releasing, or

delivering medical records or copies of medical records where requested

for the purpose of supporting an application, claim or appeal for any

government benefit or program, provided that, where a provider maintains

medical records in electronic form, it shall provide the copy in either

electronic or paper form, as required by the government benefit or

program, or at the patient's request.

For the purposes of this section the term "laboratory tests" shall

include but not be limited to tests and examinations administered in

clinical laboratories or blood banks as those terms are defined in

section five hundred seventy-one of this chapter.