Assembly Bill A9313A

2013-2014 Legislative Session

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

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Archive: Last Bill Status Via S7008 - On Floor Calendar

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2013-A9313 - Details

See Senate Version of this Bill:
S7008
Law Section:
New York City Administrative Code
Laws Affected:
Add §15-130, NYC Ad Cd; add §122-a, Gen Muni L
Versions Introduced in 2015-2016 Legislative Session:
A659, S1997

2013-A9313 - Summary

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

2013-A9313 - Bill Text download pdf 

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

                                  9313

                          I N  A S S E M B L Y

                              April 8, 2014
                               ___________

Introduced  by  M.  of  A.  BRAUNSTEIN  -- read once and referred 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

co-Sponsors

multi-Sponsors

2013-A9313A (ACTIVE) - Details

See Senate Version of this Bill:
S7008
Law Section:
New York City Administrative Code
Laws Affected:
Add §15-130, NYC Ad Cd; add §122-a, Gen Muni L
Versions Introduced in 2015-2016 Legislative Session:
A659, S1997

2013-A9313A (ACTIVE) - Summary

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

2013-A9313A (ACTIVE) - Bill Text download pdf 

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

                                 9313--A

                          I N  A S S E M B L Y

                              April 8, 2014
                               ___________

Introduced  by  M.  of  A.  BRAUNSTEIN,  MOSLEY, CRESPO, TITONE, RIVERA,
  ZEBROWSKI, OTIS, CAMARA, FAHY,  O'DONNELL,  SIMOTAS,  JAFFEE,  COLTON,
  JACOBS,  COOK,  ABINANTI,  PICHARDO,  BROOK-KRASNY,  STECK,  PERRY  --
  Multi-Sponsored by -- M. of A. CROUCH, DiPIETRO, FINCH, GRAF,  HIKIND,
  LUPINACCI,  MARKEY,  MONTESANO,  SALADINO, SIMANOWITZ -- read once and
  referred to the Committee on  Cities  --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

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

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