senate Bill S7008

Amended

Prohibits emergency service providers from selling patient health information without written consent

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 11 / Apr / 2014
    • REFERRED TO CITIES
  • 06 / May / 2014
    • 1ST REPORT CAL.548
  • 07 / May / 2014
    • 2ND REPORT CAL.
  • 12 / May / 2014
    • ADVANCED TO THIRD READING
  • 02 / Jun / 2014
    • AMENDED ON THIRD READING 7008A
  • 11 / Jun / 2014
    • PASSED SENATE
  • 11 / Jun / 2014
    • DELIVERED TO ASSEMBLY
  • 11 / Jun / 2014
    • REFERRED TO CITIES
  • 19 / Jun / 2014
    • SUBSTITUTED FOR A9313A
  • 19 / Jun / 2014
    • ORDERED TO THIRD READING RULES CAL.557
  • 19 / Jun / 2014
    • STARRED ON CALENDAR

Summary

Prohibits emergency service providers from selling patient health information without written consent.

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Bill Details

See Assembly Version of this Bill:
A9313
Versions:
S7008
S7008A
Legislative Cycle:
2013-2014
Law Section:
New York City Administrative Code
Laws Affected:
Add §15-130, NYC Ad Cd; add §122-a, Gen Muni L

Votes

6
0
6
Aye
0
Nay
0
aye with reservations
0
absent
0
excused
0
abstained
show Cities committee vote details

Sponsor Memo

BILL NUMBER:S7008

TITLE OF BILL: An act to amend the administrative code of the city of
New York and the general municipal law, in relation to patient
protected health information

PURPOSE OR GENERAL IDEA OF BILL:

To prohibit the sale of patient-protected health information without
the consent of the patient.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1. Amends the administrative code of the city of New York by
adding a new section, 15-130, which prohibits the Fire Department of
the City of New York from offering for sale, selling, or distributing
patient protected health information except when the patient expressly
authorizes such disclosure and consent in a separate, stand-alone
document.

Section 2. Adds a new section 122-a to the General Municipal Law that
would prohibit emergency service providers from offering for sale,
selling, or distributing patient protected health information except
when the patient expressly authorizes such disclosure and consent in a
separate, stand-alone document.

JUSTIFICATION:

As stated by the New York Post in the February 2nd, 2014 edition the
FDNY recently issued a patient privacy notice which discloses that it
may sell or use patient protected health information for fundraising
and marketing purposes. Public health agencies, such as the FDNY and
other service providers, are exempt from federal HIPPA regulations
that bar private health care providers and contractors from releasing
patient data. Patient protected health information refers to
information such as the patient's address and phone number,
prescriptions, and medical history. All emergency service providers
hold this information on patients. Patients have an expectation and a
right to the privacy in relation to their health records. As such,
patient protected health information should never be sold to
pharmaceutical companies, insurers, nursing homes, and other
businesses without express consent from the patient.

PRIOR LEGISLATIVE HISTORY:

None.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7008

                            I N  S E N A T E

                             April 11, 2014
                               ___________

Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Cities

AN ACT to amend the administrative code of the city of New York and  the
  general  municipal law, in relation to patient protected health infor-
  mation

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. The administrative code of the city of New York is amended
by adding a new section 15-130 to read as follows:
  S 15-130 PROHIBITING THE SALE OF PATIENT PROTECTED HEALTH INFORMATION.
THE DEPARTMENT SHALL NOT OFFER FOR SALE, SELL, OR  OTHERWISE  DISTRIBUTE
PATIENT PROTECTED HEALTH INFORMATION EXCEPT UPON EXPRESS WRITTEN AUTHOR-
IZATION BY SUCH PATIENTS.  SUCH DISCLOSURE AND CONSUMER CONSENT SHALL BE
GIVEN  IN  A SEPARATE, STAND-ALONE DOCUMENT AND CONSENT SHALL BE LIMITED
TO THE PARTICULAR USE OR TRANSACTION FOR WHICH CONSENT IS GIVEN.
  S 2. The general municipal law is amended  by  adding  a  new  section
122-a to read as follows:
  S 122-A. PROHIBITING THE SALE OF PATIENT PROTECTED HEALTH INFORMATION.
NO  EMERGENCY  SERVICE PROVIDER SHALL OFFER FOR SALE, SELL, OR OTHERWISE
DISTRIBUTE PATIENT PROTECTED  HEALTH  INFORMATION  EXCEPT  UPON  EXPRESS
WRITTEN  AUTHORIZATION  BY SUCH PATIENTS.   SUCH DISCLOSURE AND CONSUMER
CONSENT SHALL BE GIVEN IN A SEPARATE, STAND-ALONE DOCUMENT  AND  CONSENT
SHALL  BE LIMITED TO THE PARTICULAR USE OR TRANSACTION FOR WHICH CONSENT
IS GIVEN.
  S 3. This act shall take effect immediately.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14287-04-4

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