Senate Bill S4622C

                                BILL NUMBER:S4622

TITLE OF BILL:  An act to amend the public health  law, the penal law
and the civil rights law, in relation to prohibiting filming and
broadcast of individuals undergoing medical treatment without prior
written consent

PURPOSE:

To require hospitals and ambulances to obtain a patient's consent
before allowing the patient's medical treatment to be filmed and
before allowing such filmed treatment to be broadcast.

SUMMARY OF PROVISIONS:

Section 1 of this bill amends paragraph (f) of subdivision 3 of
section 2803-c of the Public Health Law to provide that every patient
shall have the right to privacy in treatment, including the filming
and broadcasting of medical procedures, with the exception of filming
and broadcasting for the purposes of advancing the medical treatment
of the individual and hospital security.

This section also adds three subparagraphs, (i), (ii), and (iii), to
paragraph (f). Subparagraph (i) provides that right to privacy in
treatment afforded by paragraph (f) requires a medical facility,
ambulance service, or first responders to obtain a patient's express
              

written consent on a separate document prior to the filming and/or
broadcasting of the patient's medical treatment. The separate document
can only be used for the purpose of obtaining consent for the filming
and/or broadcast of the treatment from a facility, and must be
obtained prior to the filming and/or broadcasting footage of the
treatment. A patient's power of attorney, health care proxy, or next
of kin may grant such consent if it cannot be reasonably obtained from
a patient due to the patient's incapacity.

Subparagraph (ii) provides that if the medical facility or staff
cannot get a patient or the patient's representative's prior consent
for the recording of a particular procedure, images may still be
recorded and prepared for quality improvement and/or quality assurance
purposes, provided that none of the recorded images will be reviewed,
used, or released for any purpose until the proper informed consent is
obtained. If informed consent is not obtained, all recorded images
showing and/or involving the patient shall be destroyed. If the
patient or his or her representative makes a request to stop filming,
the request must be honored immediately.

Subparagraph (iii) defines the term "medical facility" for purposes of
paragraph (f) to mean "a residential health care facility, general
hospital, free-standing ambulatory care facility, diagnostic and/or
treatment center, and clinics authorized" by Public health Law Article
28. Additionally, this subparagraph specifies that for purposes of
paragraph (f), the term "quality improvement and/or quality assurance
purposes" means "any evaluation of services provided in such medical
facilities for purposes of improvement in safety, quality and/or
outcomes."


Section 2 of this bill amends the Penal Law by adding a new section
250.65. This new section creates the offense of unlawfully recording
medical treatment, a class E felony. A person is guilty of the offense
of unlawfully recording medical treatment when he or she films and/or
broadcasts footage of medical treatment in violation of Public Health
Law section 2803-c(3)(f).

Section 3 of this bill amends section 50-c of the Civil Rights Law
adds a private right of action. If an individual whose right to
privacy, as defined in Public Health Law section 2803-c(3)(f),
regarding the filming and broadcasting of medical procedures, has been
violated, then the individual or his or her estate may bring an action
to recover damages suffered by reason of such violation.
Additionally, the court may award reasonable attorney's fees to a
prevailing plaintiff. This action shall survive the death of the
individual whose rights were violated.

Section 4 of this bill provides that this act shall take effect
immediately; provided, however, that section two of this act shall
take effect on the first of November next succeeding the date on which
it shall have become a law.

JUSTIFICATION:

Under the federal Health Insurance Portability and Accountability Act
("HIPAA"), a patient's private health information is not to be shared
with anyone not designated by the patient. As a result of HIPAA,
hospitals and doctors have imposed many rules that are intended to
protect patient privacy. Despite these measures, a reality medical
television show on ABC, "NY Med", has broadcast intimate details of
patients health care at New York-Presbyterian Hospital/Weill Cornell
Medical Center.

One patient, Mark Chanko, who was struck by a sanitation truck, passed
away at New York-Presbyterian Hospital/Weill Cornell Medical Center
during the course of the filming NY Med. Mr. Chanko's widow, Anita,
was watching an episode of NY Med when a new segment of the show
started. As the segment progressed, she realized that, even through
the patient's face had been blurred out, the patient who was the
subject of the new segment was her deceased husband, Mark. She heard
her husband asking for her while in his hospital bed, and saw his
eventual death on her television. Mrs. Chanko became incredibly
distraught after having to relive the most horrifying experience of
her life. The hospital and NY Med did not seek permission from either
Mark or his family before commencing the filming, or even before the
show was broadcast.

Patients have an expectation and a right to privacy when being treated
in a medical facility. To film and broadcast this treatment without
permission is an outrageous violation of their rights to privacy as a
patient.

Viewing the medical treatment, including the death, of a close family
member, is traumatic for those who have gone through such a disturbing
experience. Therefore, seeking permission from patients or those who
are their power of attorney, health care proxy, or next of kin will


prevent patients and their families from being subject to additional
suffering.

LEGISLATIVE HISTORY:

New Bill

FISCAL IMPLICATIONS:

None to the State

EFFECTIVE DATE:

This act shall take effect immediately; provided, however, that
section two of this act shall take effect on the first of November
next succeeding the date on which it shall have become a law.

                                BILL NUMBER:S4622A

TITLE OF BILL:

An act to amend the public health law and the civil rights law, in
relation to prohibiting the making and/or broadcasting of visual
images of individuals undergoing medical treatment without prior
written consent

PURPOSE:

To prevent patients from being filmed during treatment, and to prevent
such treatment from being broadcast without their consent.

SUMMARY OF PROVISIONS:

Section 1. Adds a new section 2806-c to the public health law.

Section 2806-c provides that every patient in or being served by a
health care facility shall have the right to privacy in treatment,
which includes the making or broadcasting of a visual image of a
health care procedure that includes the patient. This section also
offers an exception for the specific purposes of advancing the health
care treatment of the individual, a quality assurance program, the
education or training of health care personnel, or security.

              

2806-c.2 provides explanation of "privacy in treatment." Privacy in
treatment entails that the health care facility must obtain express
written consent on a separate document used solely for the purpose of
the broadcasting from the individual receiving treatment, before
making or broadcasting the visual image of the treatment. For the
purpose of education or training of health care personnel, the patient
must be informed of and has the right to refuse the making or
broadcasting for that purpose.

If the patient cannot reasonably do so due to his or her incapacity, a
person who is legally authorized to make health care decisions for the
patient or otherwise authorized to consent may grant such consent or
exercise such refusal.

2806-c.3 provides definitions. "Health care facility" means a
residential health care facility, general hospital, free-standing
ambulatory care facility, diagnostic and/or treatment center and
clinic authorized under this article, ambulance service as defined by
subdivision two of section 3001 of this chapter, voluntary ambulance
service, as defined by subdivision three of section 3001 of this
chapter, or certified first responders as defined by subdivision five
of section 3001 of this chapter.

"Quality assurance" is defined as any evaluation of services provided
in or by a health care facility for the purposes of improvement in
safety, quality, or outcomes.

"Education or training of health care personnel" shall mean a program
of education or training of health care personnel or students being
educated or training to be health care personnel, and which the health
care facility has authorized.


"Broadcasting a visual image" is defined as the transmission by
several methods, including by broadcast, cable, closed circuit,
internet, TV or other visual medium, social media, or other system by
which it can be viewed in violation of the privacy rights and
expectations of a patient.

2806-c.4 states that nothing in this section shall diminish or impair
any right or remedy otherwise applicable to any patient.

Section 2. Amends section 50-c of the civil rights law adds a private
right of action. If an individual whose right to privacy, as defined
in paragraph f of subdivision 3 of section 2803-c of the public health
law regarding the filming and broadcasting of medical procedures, has
been violated, then the individual or their estate representative may
bring an action to recover damages suffered by reason of such
violation. Additionally, the court may award reasonable attorney's
fees to a prevailing plaintiff This action shall survive the death of
such individual.

Section 3. Contains the effective date.

JUSTIFICATION:

Under the federal HIPAA law, a patient's private health information is
not to be shared, with the exception of those designated by the
patient. As such, hospitals and doctors have imposed many rules that
are intended to protect patient privacy. Despite this, a reality
medical television show on ABC, "NY Med", broadcast intimate details
of a patient's health at New York-Presbyterian Hospital/Weill Cornell
Medical Center.

One patient, Mark Chanko, passed away during the course of the filming
after he was hit by a sanitation truck. Mr. Chanko's widow, Anita, was
already watching an episode of NY Med when a new segment of the show
started. As it progressed, she realized that the patient that was
being shown, despite the face being blurred out, was Mark. She heard
her husband asking for her while in his hospital bed, and saw his
eventual death on her television.  Mrs. Chanko became incredibly
distraught after having to relive the most horrifying experience of
her life. The hospital and NY Med did not seek permission from either
Mark or his family before commencing the filming, or even before the
show was broadcast.

Patients have an expectation and a right to privacy when being treated
in a medical facility. To film and broadcast this treatment without
permission is an outrageous violation of their rights to privacy as a
patient.

Viewing the medical treatment, including the death, of a close family
member, is traumatic for those who have gone through such a disturbing
experience. Therefore, seeking permission from patients or those who
are their power of attorney, health care proxy, or next of kin will
prevent patients and their families from being subject to additional
suffering.

LEGISLATIVE HISTORY:


New bill.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect immediately.

                                 BILL NUMBER:  S4622B

 TITLE OF BILL :  An act to amend the public health law and the civil
rights law, in relation to prohibiting the making and/or broadcasting
of visual images of individuals undergoing medical treatment without
prior written consent

 PURPOSE :

To require hospitals and ambulances to obtain a patient's consent
before allowing the patient's medical treatment to be filmed and
before allowing such filmed treatment to be broadcast.

 SUMMARY OF PROVISIONS :

Section 1 of this bill amends paragraph (f) of subdivision 3 of
section 2803-c of the Public Health Law to provide that every patient
shall have the right to privacy in treatment, including the filming
and broadcasting of medical procedures, with the exception of filming
and broadcasting for the purposes of advancing the medical treatment
of the individual and hospital security.

This section also adds three subparagraphs, (i), (ii), and (iii), to
paragraph (f). Subparagraph (i) provides that right to privacy in
treatment afforded by paragraph (f) requires a medical facility,
ambulance service, or first responders to obtain a patient's express
              

written consent on a separate document prior to the filming and/or
broadcasting of the patient's medical treatment. The separate document
can only be used for the purpose of obtaining consent for the filming
and/or broadcast of the treatment from a facility, and must be
obtained prior to the filming and/or broadcasting footage of the
treatment. A patient's power of attorney, health care proxy, or next
of kin may grant such consent if it cannot be reasonably obtained from
a patient due to the patient's incapacity.

Subparagraph (ii) provides that if the medical facility or staff
cannot get a patient or the patient's representative's prior consent
for the recording of a particular procedure, images may still be
recorded and prepared for quality improvement and/or quality assurance
purposes, provided that none of the recorded images will be reviewed,
used, or released for any purpose until the proper informed consent is
obtained. If informed consent is not obtained, all recorded images
showing and/or involving the patient shall be destroyed. If the
patient or his or her representative makes a request to stop filming,
the request must be honored immediately.

Subparagraph (iii) defines the term "medical facility" for purposes of
paragraph (f) to mean "a residential health care facility, general
hospital, free-standing ambulatory care facility, diagnostic and/or
treatment center, and clinics authorized" by Public health Law Article
28. Additionally, this subparagraph specifies that for purposes of
paragraph (f), the term "quality improvement and/or quality assurance
purposes" means "any evaluation of services provided in such medical
facilities for purposes of improvement in safety, quality and/or
outcomes."

Section 2 of this bill amends section 50-c of the Civil Rights Law
adds a private right of action for a violation of Section 2806-c of
the public health law regarding the right to have privacy in treatment
and in caring for personal needs, including the making or broadcasting
of a visual image of a health care procedure including the patient.
This section also provides that the individual or his or her estate
representative may bring an action for damages, and the cause of
action shall survive the death of the individual.


Section 3 of this bill provides that this act shall take effect
immediately.

 JUSTIFICATION :

Under the federal Health Insurance Portability and Accountability Act
("HIPAA"), a patient's private health information is not to be shared
with anyone not designated by the patient. As a result of HIPAA,
hospitals and doctors have imposed many rules that are intended to
protect patient privacy. Despite these measures, a reality medical
television show on ABC, "NY Med", has broadcast intimate details of
patients health care at New York-Presbyterian Hospital/Weill Cornell
Medical Center.

One patient, Mark Chanko, who was struck by a sanitation truck, passed
away at New York-Presbyterian Hospital/Weill Cornell Medical Center
during the course of the filming NY Med. Mr. Chanko's widow, Anita,
was watching an episode of NY Med when a new segment of the show
started. As the segment progressed, she realized that, even through
the patient's face had been blurred out, the patient who was the
subject of the new segment was her deceased husband, Mark. She heard
her husband asking for her while in his hospital bed, and saw his
eventual death on her television. Mrs. Chanko became incredibly
distraught after having to relive the most horrifying experience of
her life. The hospital and NY Med did not seek permission from either
Mark or his family before commencing the filming, or even before the
show was broadcast.

Patients have an expectation and a right to privacy when being treated
in a medical facility. To film and broadcast this treatment without
permission is an outrageous violation of their rights to privacy as a
patient.

Viewing the medical treatment, including the death, of a close family
member, is traumatic for those who have gone through such a disturbing
experience. Therefore, seeking permission from patients or those who
are their power of attorney, health care proxy, or next of kin will
prevent patients and their families from being subject to additional
suffering.

 LEGISLATIVE HISTORY :

2015: S.4622-A - Referred to Health

 FISCAL IMPLICATIONS :

None to the State

 EFFECTIVE DATE :
This act shall take effect immediately.