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September 27, 2017

           In September, 2017, New York Governor Cuomo signed into law new legislation (Chapter 322 of the Laws of 2017) that now specifically prohibits health care providers and facilities from charging patients for providing, releasing, or delivering patient information, or copies of patient information, in cases where such records are needed “for the purpose of supporting an application, claim or appeal for any government benefit or program.”  Additionally, in cases where a provider maintains patient information in electronic form, the provider shall provide the copy in either electronic or paper form, as required by the government benefit or progra...

September 14, 2017

          A recent decision out of the New York State Appellate Division, Second Department, highlights the ongoing efforts of plaintiffs’ attorneys in New York to obtain nursing homes’ confidential records. When there is an incident at a nursing home, nursing homes often generate various incident reports and other quality assurance documentation regardless of whether there is any negligence or wrongdoing on behalf of the nursing home and its personnel. The purpose of this documentation is to permit review of nursing home practices and personnel and improve the quality of care at the nursing home.

          Plaintiffs’ attorneys, for obvious reasons, are eager to obtain qu...

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