senate Bill S7008A

2013-2014 Legislative Session

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

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Archive: Last Bill Status - Passed Senate


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 19, 2014 starred on calendar
ordered to third reading rules cal.557
substituted for a9313a
Jun 11, 2014 referred to cities
delivered to assembly
passed senate
Jun 02, 2014 amended on third reading 7008a
May 12, 2014 advanced to third reading
May 07, 2014 2nd report cal.
May 06, 2014 1st report cal.548
Apr 11, 2014 referred to cities

Votes

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Bill Amendments

Original
A (Active)
Original
A (Active)

S7008 - Bill Details

See Assembly Version of this Bill:
A9313A
Law Section:
New York City Administrative Code
Laws Affected:
Add §15-130, NYC Ad Cd; add §122-a, Gen Muni L

S7008 - Bill Texts

view summary

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

view 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.

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                    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

S7008A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A9313A
Law Section:
New York City Administrative Code
Laws Affected:
Add §15-130, NYC Ad Cd; add §122-a, Gen Muni L

S7008A (ACTIVE) - Bill Texts

view summary

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

view sponsor memo
BILL NUMBER:S7008A

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. This provision shall not apply to patient information
transmitted to insurance companies necessary to process an insurance
claim.

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. This provision shall not apply to
patient information transmitted to insurance companies necessary to
process an insurance claim.

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 full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 7008--A
    Cal. No. 548

                            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 -- reported favora-
  bly from said committee, ordered to first and second  report,  ordered
  to a third reading, amended and ordered reprinted, retaining its place
  in the order of third reading

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. THE
PROVISIONS OF THIS SECTION SHALL NOT APPLY TO PATIENT INFORMATION TRANS-
MITTED TO AN INSURANCE CARRIER NECESSARY TO PROCESS INSURANCE CLAIMS.
  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. THE PROVISIONS OF THIS SECTION  SHALL  NOT  APPLY  TO  PATIENT
INFORMATION  TRANSMITTED  TO  AN  INSURANCE CARRIER NECESSARY TO PROCESS
INSURANCE CLAIMS.
  S 3. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14287-06-4

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