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

                                 659--A
                                                        Cal. No. 225

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced by M. of A. BRAUNSTEIN, COLTON, RIVERA, BROOK-KRASNY, ABINAN-
  TI, SIMOTAS, ZEBROWSKI, JAFFEE, MOSLEY, OTIS, TITONE, PICHARDO, STECK,
  PERRY,  LINARES,  BORELLI  --  Multi-Sponsored  by -- M. of A. CROUCH,
  DiPIETRO,  FINCH,  GRAF,   HIKIND,   LUPINACCI,   MARKEY,   MONTESANO,
  O'DONNELL,  SALADINO,  SIMANOWITZ  --  read  once  and referred to the
  Committee on Cities -- reported from committee, advanced  to  a  third
  reading,  amended  and  ordered  reprinted, retaining its place on the
  order of third reading

AN ACT to amend the public health law, in relation to the protection  of
  private patient information by ambulance services

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

  Section 1.  Section 3001 of the public health law is amended by adding
two new subdivisions 22 and 23 to read as follows:
  22. "INDIVIDUAL IDENTIFYING INFORMATION" MEANS INFORMATION IDENTIFYING
OR TENDING TO IDENTIFY A PATIENT.
  23. "MARKETING" MEANS, BUT IS NOT LIMITED TO, ADVERTISING,  DETAILING,
MARKETING, PROMOTION, OR ANY ACTIVITY THAT IS INTENDED TO BE OR COULD BE
USED TO INFLUENCE BUSINESS VOLUME, SALES OR MARKET SHARE OR EVALUATE THE
EFFECTIVENESS OF MARKETING PRACTICES OR PERSONNEL, REGARDLESS OF WHETHER
THE  BENEFICIARY OF THE MARKETING IS A GOVERNMENTAL, FOR-PROFIT, OR NOT-
FOR-PROFIT ENTITY.
  S 2. The public health law is amended by adding a new  section  3006-a
to read as follows:
  S  3006-A.  PATIENT  PRIVACY.  1.  NO AMBULANCE SERVICE, ADVANCED LIFE
SUPPORT FIRST RESPONSE SERVICE, OR EMPLOYEE,  MEMBER  OR  AGENT  THEREOF
SHALL DISCLOSE, SELL, TRANSFER, EXCHANGE OR USE ANY INDIVIDUAL IDENTIFY-
ING INFORMATION TO ANY PERSON OR ENTITY FOR THE PURPOSE OF MARKETING.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02344-03-5
              

A. 659--A                           2

  2.  NOTWITHSTANDING  SUBDIVISION  ONE  OF THIS SECTION, AND SUBJECT TO
OTHERWISE APPLICABLE LAW,  INDIVIDUAL  IDENTIFYING  INFORMATION  MAY  BE
DISCLOSED, SOLD, TRANSFERRED OR EXCHANGED TO:
  (A)  THE  PATIENT  WHO  IS THE SUBJECT OF THE INFORMATION, OR A PERSON
AUTHORIZED TO MAKE HEALTH CARE DECISIONS FOR THE PATIENT;
  (B) A HEALTH CARE PROVIDER PROVIDING CARE OR TREATMENT TO THE PATIENT,
FOR THE PURPOSE OF SUCH CARE  OR  TREATMENT;  OR  A  HEALTH  INFORMATION
SYSTEM SUBJECT TO REGULATIONS OF THE DEPARTMENT, FOR THE PURPOSE OF SUCH
CARE OR TREATMENT;
  (C)  AN  OFFICER,  INSPECTOR  OR INVESTIGATOR FOR A GOVERNMENT HEALTH,
LICENSING OR LAW  ENFORCEMENT  AGENCY  ACTING  UNDER  APPROPRIATE  LEGAL
AUTHORITY;
  (D) A PERSON AUTHORIZED BY A COURT ORDER TO RECEIVE SUCH INFORMATION;
  (E)  THE  PATIENT'S  HEALTH PLAN, INSURER, OR THIRD PARTY PAYER, OR AN
AGENT THEREOF, FOR THE PURPOSE OF PAYMENT OR  REIMBURSEMENT  FOR  HEALTH
CARE SERVICES, INCLUDING DETERMINING COMPLIANCE WITH THE TERMS OF COVER-
AGE OR MEDICAL NECESSITY, OR UTILIZATION REVIEW;
  (F)  A  PERSON OR ENTITY TO WHOM, AND FOR A PURPOSE FOR WHICH, DISCLO-
SURE OR TRANSFER IS OTHERWISE EXPLICITLY AUTHORIZED OR REQUIRED BY LAW;
  (G) A PERSON OR ENTITY ACTING AS AN EMPLOYEE OR AGENT OF A  PERSON  OR
ENTITY  UNDER  ANY  PRECEDING  PARAGRAPH  OF  THIS  SUBDIVISION, FOR THE
PURPOSE OF AND CONSISTENT WITH THAT PARAGRAPH; OR
  (H) A GOVERNMENT ENTITY AS PROVIDED BY LAW.
  3. NOTHING IN THIS SECTION SHALL PROHIBIT THE COLLECTION, USE,  TRANS-
FER,  OR SALE OF PATIENT DATA BY ZIP CODE, GEOGRAPHIC REGION, OR MEDICAL
SPECIALTY FOR MARKETING PURPOSES, PROVIDING IT DOES NOT CONTAIN INDIVID-
UAL IDENTIFYING INFORMATION.
  4. THIS SECTION SHALL NOT PREVENT A PERSON FROM  DISCLOSING,  SELLING,
TRANSFERRING, OR EXCHANGING FOR VALUE INDIVIDUAL IDENTIFYING INFORMATION
PERTAINING  TO  THAT PERSON, FOR ANY PURPOSE; PROVIDED THAT THE INFORMA-
TION DOES NOT INCLUDE INDIVIDUAL IDENTIFYING INFORMATION  PERTAINING  TO
ANY OTHER PERSON.
  5.  THIS  SECTION  DOES  NOT PROHIBIT A NOT-FOR-PROFIT OR GOVERNMENTAL
AMBULANCE SERVICE OR ADVANCED LIFE SUPPORT FIRST  RESPONSE  SERVICE,  OR
AGENT   THEREOF,   FROM  USING  INDIVIDUAL  IDENTIFYING  INFORMATION  IN
CONNECTION WITH FUND-RAISING FOR SUCH SERVICE; PROVIDING THAT  SUCH  USE
SHALL NOT INCLUDE DISCLOSING THE INDIVIDUAL'S PATIENT STATUS.
  6.  NO PERSON OR ENTITY TO WHOM OR WHICH INDIVIDUAL IDENTIFYING INFOR-
MATION IS DISCLOSED, SOLD,  TRANSFERRED  OR  EXCHANGED  SHALL  DISCLOSE,
SELL, TRANSFER OR EXCHANGE IT TO ANY PERSON OR ENTITY OTHER THAN FOR THE
LAWFUL  PURPOSE  FOR  WHICH  IT  WAS  DISCLOSED,  SOLD,  TRANSFERRED  OR
EXCHANGED TO THE PERSON OR ENTITY, AND  WITHOUT  SATISFACTORY  ASSURANCE
THAT  THE  RECIPIENT  WILL SAFEGUARD THE RECORDS FROM BEING DISCLOSED OR
USED FOR MARKETING PURPOSES.
  7. THIS SECTION DOES NOT AUTHORIZE ANY DISCLOSURE, SALE, TRANSFER,  OR
EXCHANGE  OF  INDIVIDUAL  IDENTIFYING  INFORMATION THAT IS NOT OTHERWISE
AUTHORIZED OR REQUIRED BY LAW.
  8. IN ADDITION TO THE COMMISSIONER'S AUTHORITY TO ENFORCE THIS SECTION
UNDER SECTION THREE THOUSAND TWELVE OF THIS ARTICLE, THE ATTORNEY GENER-
AL SHALL HAVE THE AUTHORITY TO BRING AN  ACTION  TO  ENFORCE  COMPLIANCE
WITH THIS SECTION WITHOUT REFERRAL BY THE COMMISSIONER.
  S 3. This act shall take effect on the one hundred eightieth day after
it shall become a law; provided that, effective immediately, the commis-
sioner  of health may make regulations and take other actions reasonably
necessary to implement this act on such date.