NY State Senate Bill 2015-S6489A

Senate Bill S6489A

2015-2016 Legislative Session

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

download bill text pdf

Archive: Last Bill Status - In Senate Committee Health Committee

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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 23, 2016	print number 6489a
May 23, 2016	amend and recommit to health
Jan 20, 2016	referred to health

Bill Amendments

Original

A (Active)

2015-S6489 - Details

See Assembly Version of this Bill:: A8226
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §3001, add §3006-a, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S4372, A328
2019-2020: S4119, A230

2015-S6489 - Summary

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

2015-S6489 - Sponsor Memo

                                 BILL NUMBER:  S6489

 TITLE OF BILL :

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

 PURPOSE :

To prohibit the sale of patient-protected health information.

 SUMMARY OF PROVISIONS :

Section 1. Defines "individual identifying information" as information
identifying or tending to identify a patient. This section also
defines "marketing." 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, regard- less of whether the beneficiary of the marketing is
a governmental, for-profit, or not-for-profit entity.

Section 2. Adds a new section 3006-a to the public health law to cover
patient privacy. New section 3006-a provides that no ambulance
service, advanced life support first response service, or employee,
member or agent shall disclose, sell, transfer, exchange or use any

individual identifying information to any person or entity for the
purpose of marketing.

However, within this section there are several exceptions. This
information may be disclosed, sold, transferred or exchanged to: the
patient who is the subject of the information, or a person authorized
to make health care decisions; a health care provider or information
system subject to the regulations of the department, for the purpose
of providing care or treatment; an officer, inspector, or investigator
for a government health, licensing, or law enforcement agency acting
under appropriate legal authority; a person authorized by court order;
the patient's insurer for the purpose of payment or reimbursement; a
person or entity to whom, and for a purpose for which, disclosure is
explicitly authorized by law; a person acting as an agent of the
person or entity under any preceding paragraph, for the purpose of and
consistent with that paragraph; or, a government entity as provided by
law.

Additionally, the collection, use, transfer, or sale of patient data
by zip code, geographic region, or medical specialty for marketing
purposes is permitted, providing it does not contain individual
identifying information.

New section 3006-a permits not-for-profit or governmental ambulances
and other life support first responders to use a patient's address in
connection with fundraising for such services, as long as the use does
not include disclosing the individual's identifying information.  An
individual may also disclose their own identifying information, as
long as identifying information about another individual is not
included.

No person or entity to whom or which individual identifying
information is sold or disclosed shall sell or disclose it to any
person or entity other than for the lawful purpose for which it was
disclosed or sold, and without satisfactory assurance that the
recipient will safeguard the records from being disclosed or used for
marketing purposes.



The section also does not allow any disclosure, sale, transfer, or
exchange of individual identifying information that is not otherwise
authorized or required by law.

In addition to the commissioner's authority to enforce this section
under section 3012, the attorney general shall have the authority to
bring an action to enforce compliance with this section without
referral by the commissioner.

Section 3. Provides the effective date, which is that this act shall
take effect on the one hundred eightieth day after it shall have
become a law; provided that, effective immediately, the commissioner
of health may make regulations and take other actions reasonably
necessary to implement this act on such date.

 JUSTIFICATION :

According to a New York Post article in 2014, the FDNY issued a
patient-privacy notice which disclosed that it may sell or use patient
protected health information for fundraising and marketing purposes.
While the FDNY has since changed its privacy policy, public health
agencies, such as the FDNY and other emergency service providers,
should not be able to legally sell patient protected health
information (PHI). PI-11 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, PHI should never be sold to
pharmaceutical companies, insurers, nursing homes, and other
businesses.

 LEGISLATIVE HISTORY :

Similar to:
2015: S.1997-A - 3rd Reading Calendar
2014: S.7008-A - Passed Senate

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect on the one hundred eightieth day after it
shall have become a law; provided that, effective immediately, the
commissioner of health may make regulations and take other actions
reasonably necessary to implement this act on such date.

2015-S6489 - Bill Text download pdf

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

                                  6489

                            I N  S E N A T E

                            January 20, 2016
                               ___________

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

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.
  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;

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

                                                           LBD11644-01-5

S. 6489                             2

  (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 HIS OR HER OWN INDIVIDUAL IDENTI-
FYING INFORMATION, FOR ANY PURPOSE; PROVIDED THAT THE  INFORMATION  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 A PATIENT'S NAME  AND  ADDRESS  IN  CONNECTION
WITH  FUND-RAISING  FOR  SUCH SERVICE; PROVIDING THAT SUCH USE SHALL NOT
INCLUDE DISCLOSING ANY OTHER INDIVIDUAL IDENTIFYING INFORMATION.
  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 have become a law; provided that,  effective  immediately,  the
commissioner  of  health  may  make  regulations  and take other actions
reasonably necessary to implement this act on such date.

2015-S6489A (ACTIVE) - Details

See Assembly Version of this Bill:: A8226
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §3001, add §3006-a, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S4372, A328
2019-2020: S4119, A230

2015-S6489A (ACTIVE) - Summary

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

2015-S6489A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S6489A

 TITLE OF BILL :  An act to amend the public health law, in relation
to the protection of private patient information by ambulance services

 PURPOSE :

To prohibit the sale of patient-protected health information.

 SUMMARY OF PROVISIONS :

Section 1. Defines "individual identifying information" as information
identifying or tending to identify a patient. This section also
defines "marketing." 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, regard- less of whether the beneficiary of the marketing is
a governmental, for-profit, or not-for-profit entity.

Section 2. Adds a new section 3006-a to the public health law to cover
patient privacy. New section 3006-a provides that no ambulance
service, advanced life support first response service, or employee,
member or agent shall disclose, sell, transfer, exchange or use any
individual identifying information to any person or entity for the
purpose of marketing.

However, within this section there are several exceptions. This
information may be disclosed, sold, transferred or exchanged to: the
patient who is the subject of the information, or a person authorized
to make health care decisions; a health care provider or information
system subject to the regulations of the department, for the purpose
of providing care or treatment; an officer, inspector, or investigator
for a government health, licensing, or law enforcement agency acting
under appropriate legal authority; a person authorized by court order;
the patient's insurer for the purpose of payment or reimbursement; a
person or entity to whom, and for a purpose for which, disclosure is
explicitly authorized by law; a person acting as an agent of the
person or entity under any preceding paragraph, for the purpose of and
consistent with that paragraph; or, a government entity as provided by
law.

Additionally, the collection, use, transfer, or sale of patient data
by zip code, geographic region, or medical specialty for marketing
purposes is permitted, providing it does not contain individual
identifying information.

New section 3006-a does not prevent not-for-profit or governmental
ambulance services and other life support first responders or their
agents from using a patient's name and address to contact the patient
or a family member at the same address to request donations for such
service, as long as none of the other patient's identifying
information is disclosed. An individual may also disclose their own
identifying information, as long as identifying information about
another individual is not included.

No person or entity to whom or which individual identifying
information is sold or disclosed shall sell or disclose it to any
person or entity other than for the lawful purpose for which it was
disclosed or sold, and without satisfactory assurance that the
recipient will safeguard the records from being disclosed or used for
marketing purposes.

The section also does not allow any disclosure, sale, transfer, or
exchange of individual identifying information that is not otherwise
authorized or required by law.
In addition to the commissioner's authority to enforce this section
under section 3012, the attorney general shall have the authority to
bring an action to enforce compliance with this section without
referral by the commissioner.

Section 3. Provides the effective date, which is that this act shall
take effect on the one hundred eightieth day after it shall have
become a law; provided that, effective immediately, the commissioner
of health may make regulations and take other actions reasonably
necessary to implement this act on such date.

 JUSTIFICATION :

According to a New York Post article in 2014, the FDNY issued a
patient-privacy notice which disclosed that it may sell or use patient
protected health information for fundraising and marketing purposes.
While the FDNY has since changed its privacy policy, public health
agencies, such as the FDNY and other emergency service providers,
should not be able to legally sell patient protected health
information (PHI). PI-11 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, PHI should never be sold to
pharmaceutical companies, insurers, nursing homes, and other
businesses.

 LEGISLATIVE HISTORY :

Similar to:  2015: S.1997-A - 3rd Reading Calendar
2014: S.7008-A - Passed Senate

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect on the one hundred eightieth day after it
shall have become a law; provided that, effective immediately, the
commissioner of health may make regulations and take other actions
reasonably necessary to implement this act on such date.

2015-S6489A (ACTIVE) - Bill Text download pdf

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

                                 6489--A

                            I N  S E N A T E

                            January 20, 2016
                               ___________

Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
  printed to be committed  to  the  Committee  on  Health  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

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.
  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;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11644-02-6

S. 6489--A                          2

  (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 HIS OR HER OWN INDIVIDUAL IDENTI-
FYING INFORMATION, FOR ANY PURPOSE; PROVIDED THAT THE  INFORMATION  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 A PATIENT'S  NAME  AND  ADDRESS  IN  ORDER  TO
CONTACT  SUCH  PATIENT  OR A FAMILY MEMBER AT SUCH ADDRESS WITH REQUESTS
FOR DONATIONS TO SUCH SERVICE; PROVIDING THAT SUCH USE SHALL NOT INCLUDE
DISCLOSING ANY OTHER INDIVIDUAL IDENTIFYING INFORMATION.
  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 have become a law; provided that,  effective  immediately,  the
commissioner  of  health  may  make  regulations  and take other actions
reasonably necessary to implement this act on such date.

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