assembly Bill A8226A

2015-2016 Legislative Session

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

download bill text pdf

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Archive: Last Bill Status - Passed Assembly


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

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Actions

view actions (13)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 09, 2016 referred to health
delivered to senate
passed assembly
Jun 08, 2016 ordered to third reading rules cal.169
rules report cal.169
reported
Jun 06, 2016 reported referred to rules
May 24, 2016 print number 8226a
May 24, 2016 amend and recommit to codes
Jan 21, 2016 reported referred to codes
Jan 06, 2016 referred to health
Jun 15, 2015 reported referred to codes
Jun 12, 2015 referred to health

Co-Sponsors

Multi-Sponsors

view additional multi-sponsors

A8226 - Details

See Senate Version of this Bill:
S6489
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: A328, S4372
2019-2020: A230, S4119

A8226 - Summary

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

A8226 - Bill Text download pdf

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

                                  8226

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              June 12, 2015
                               ___________

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11644-01-5

Co-Sponsors

Multi-Sponsors

view additional multi-sponsors

A8226A (ACTIVE) - Details

See Senate Version of this Bill:
S6489
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: A328, S4372
2019-2020: A230, S4119

A8226A (ACTIVE) - Summary

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

A8226A (ACTIVE) - Bill Text download pdf

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

                                 8226--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              June 12, 2015
                               ___________

Introduced  by M. of A. BRAUNSTEIN, ABINANTI, ZEBROWSKI, COLTON, JAFFEE,
  STECK -- Multi-Sponsored by -- M. of A. CROUCH, GRAF, HIKIND,  MARKEY,
  MONTESANO,  O'DONNELL,  SALADINO, SIMANOWITZ -- read once and referred
  to the Committee on Health -- recommitted to the Committee  on  Health
  in accordance with Assembly Rule 3, sec. 2 -- reported and referred to
  the  Committee on Codes -- 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:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11644-03-6