Assembly Bill A7041

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

                                  7041

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             March 19, 2009
                               ___________

Introduced  by  M. of A. BALL -- read once and referred to the Committee
  on Health

AN ACT to amend the public health law, in relation  to  prohibiting  the
  disclosure  and  transmission  of  patient  information outside of the
  United States

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

  Section  1. Section 18 of the public health law is amended by adding a
new subdivision 6-a to read as follows:
  6-A. DISCLOSURE OUTSIDE OF THE UNITED STATES.  (A)  EVERY  PERSON  AND
ENTITY  EMPLOYED BY A HEALTH CARE PROVIDER FOR THE PURPOSE OF TRANSCRIB-
ING PATIENT INFORMATION, SHALL PROVIDE SUCH HEALTH CARE PROVIDER WITH  A
LISTING  OF  ANY  AND  ALL  CONTRACTORS AND SUBCONTRACTORS USED FOR SUCH
PURPOSE AND ALSO DISCLOSE TO THE HEALTH CARE PROVIDER EACH INSTANCE WHEN
PATIENT INFORMATION IS TRANSMITTED OR DISCLOSED OUTSIDE  OF  THE  UNITED
STATES.  EACH  HEALTH  CARE PROVIDER SHALL PLACE A NOTATION, OF ALL SUCH
INFORMATION RECEIVED BY SUCH PROVIDER, ON THE FILE OR RECORD OF  PATIENT
INFORMATION  WHICH  IS  TRANSCRIBED BY A CONTRACTOR OR SUBCONTRACTOR, OR
TRANSMITTED OR DISCLOSED OUTSIDE OF THE UNITED STATES.
  (B) NO HEALTH CARE PROVIDER, OR ANY PERSON OR ENTITY RECEIVING PATIENT
INFORMATION FROM A HEALTH CARE PROVIDER, SHALL TRANSMIT OR DISCLOSE  ANY
PATIENT  INFORMATION  TO  ANY  PERSON  OR LOCATION OUTSIDE OF THE UNITED
STATES, UNLESS:
  (I) THE HEALTH CARE PROVIDER, OR  OTHER  PERSON  OR  ENTITY  RECEIVING
PATIENT  INFORMATION,  DISCLOSES  TO A QUALIFIED PERSON FOR SUCH PATIENT
INFORMATION UPON ENROLLMENT, REENROLLMENT, OR ADMISSION OF THE  SUBJECT,
THAT THE SUBJECT'S PATIENT INFORMATION MAY BE TRANSMITTED OUTSIDE OF THE
UNITED STATES;
  (II)  THE  HEALTH  CARE  PROVIDER, OR OTHER PERSON OR ENTITY RECEIVING
PATIENT INFORMATION, OBTAINS THE WRITTEN CONSENT OF THE QUALIFIED PERSON
FOR THE PATIENT INFORMATION TO ALLOW THE TRANSMISSION OR  DISCLOSURE  OF
SUCH INFORMATION OUTSIDE OF THE UNITED STATES;
  (III) THE CONSENT THERETO HAS BEEN GRANTED OR RENEWED BY THE QUALIFIED
PERSON NOT LESS FREQUENTLY THAN ANNUALLY;

              

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10410-02-9

A. 7041                             2

  (IV)  THE  QUALIFIED  PERSON HAS NOT REVOKED SUCH CONSENT, WHICH HE OR
SHE MAY DO AT ANY TIME; AND
  (V) THE OBLIGATIONS OF THIS PARAGRAPH ARE PERFORMED BY THE HEALTH CARE
PROVIDER,  PERSON  OR  ENTITY  WHICH ACTUALLY DISCLOSES OR TRANSMITS, OR
INTENDS TO DISCLOSE OR  TRANSMIT  PATIENT  INFORMATION  OUTSIDE  OF  THE
UNITED STATES.
  EVERY  HEALTH  CARE  PROVIDER,  AND PERSON OR ENTITY RECEIVING PATIENT
INFORMATION SHALL DISCLOSE TO THE QUALIFIED PERSON FOR PATIENT  INFORMA-
TION  WHETHER  THE  INFORMATION  HAS  BEEN  OR  WILL  BE  TRANSMITTED OR
DISCLOSED OUTSIDE OF THE UNITED STATES.
  (C) EXCEPT WITH REGARD TO HEALTH CARE  BEING  PROVIDED  TO  A  SUBJECT
OUTSIDE  OF THE UNITED STATES AND SUBJECT TO THE PROVISIONS OF PARAGRAPH
(B) OF THIS SUBDIVISION, EVERY HEALTH CARE PROVIDER, OR PERSON OR ENTITY
RECEIVING  PATIENT  INFORMATION,  WHICH  TRANSMITS  PATIENT  INFORMATION
OUTSIDE  OF  THE  UNITED  STATES  SHALL  UTILIZE  A FORM FOR THE WRITTEN
CONSENT OF A QUALIFIED PERSON WHICH:
  (I) IS A SEPARATE DOCUMENT WHICH IS NOT PART OF  OR  ATTACHED  TO  ANY
OTHER DOCUMENT;
  (II)  IS  DATED  AND  SIGNED  BY  THE QUALIFIED PERSON FOR THE PATIENT
INFORMATION; AND
  (III) CLEARLY AND CONSPICUOUSLY DISCLOSES:
  (A) THAT BY SIGNING THE QUALIFIED PERSON IS CONSENTING TO  THE  TRANS-
MISSION  AND DISCLOSURE OF THE PATIENT INFORMATION OUTSIDE OF THE UNITED
STATES,
  (B) THAT SUCH CONSENT MUST BE RENEWED ON AN ANNUAL BASIS,
  (C) THAT THE QUALIFIED PERSON MAY WITHDRAW HIS OR HER CONSENT  AT  ANY
TIME, AND
  (D) THE PROCEDURE FOR THE REVOCATION OF CONSENT.
  (D) NO HEALTH CARE PROVIDER, OR ANY PERSON OR ENTITY RECEIVING PATIENT
INFORMATION  SHALL DISCRIMINATE AGAINST ANY SUBJECT, OR DENY ANY SUBJECT
WITH REGARD TO THE PROVISION OF HEALTH CARE OR THE COVERAGE  THEREOF  ON
THE  BASIS OF THE DENIAL OF CONSENT FOR TRANSMISSION OF PATIENT INFORMA-
TION OUTSIDE OF THE UNITED STATES.
  (E) ALL PATIENT INFORMATION OF ANY SUBJECT WHO IS A  RESIDENT  OF  THE
STATE AND SUCH INFORMATION RELATES TO HEALTH CARE PROVIDED IN THIS STATE
SHALL  REMAIN  SUBJECT  TO  THE PROVISIONS OF THIS SECTION AND ALL OTHER
PROVISIONS OF STATE LAW RELATING TO CONFIDENTIALITY REGARDLESS OF WHETH-
ER SUCH INFORMATION IS TRANSMITTED OR DISCLOSED OUTSIDE OF  THIS  STATE.
ANY  PERSON, REGARDLESS OF WHERE THEY ARE SITUATE, WHO VIOLATES ANY SUCH
PROVISION OF LAW OR THIS SECTION SHALL BE SUBJECT TO THE JURISDICTION OF
THE COURTS OF THIS STATE FOR THE PURPOSES OF SUCH VIOLATION.
  (F) ANY PERSON OR ENTITY  WHO  RECEIVES  PATIENT  INFORMATION  FROM  A
HEALTH CARE PROVIDER PURSUANT TO THIS SECTION, WHEN SUCH PERSON OR ENTI-
TY IS NOT OTHERWISE SUBJECT TO THE PROVISIONS OF THIS SECTION, SHALL:
  (I)  MAINTAIN THE CONFIDENTIALITY OF THE PATIENT INFORMATION AND SHALL
NOT DISCLOSE IT TO ANY OTHER PARTY EXCEPT AS PROVIDED  BY  THE  LAWS  OF
THIS STATE;
  (II) BE LIABLE IN A CIVIL CAUSE OF ACTION IN THE COURTS OF THIS STATE,
BROUGHT  BY  A  QUALIFIED  PERSON  OR  SUBJECT WHO IS A RESIDENT OF THIS
STATE, FOR THE UNAUTHORIZED DISCLOSURE OF PATIENT INFORMATION; AND
  (III) CONSENT TO THE JURISDICTION OF THE COURTS OF THIS STATE.
  S 2. This act shall take effect on the first of January next  succeed-
ing the date on which it shall have become a law.