assembly Bill A328A

2017-2018 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 (14)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 16, 2018 referred to health
delivered to senate
passed assembly
Jan 03, 2018 ordered to third reading cal.30
returned to assembly
died in senate
Jun 19, 2017 referred to rules
delivered to senate
passed assembly
Jun 15, 2017 amended on third reading 328a
Feb 09, 2017 advanced to third reading cal.43
Feb 07, 2017 reported
Jan 24, 2017 reported referred to codes
Jan 05, 2017 referred to health

Co-Sponsors

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Multi-Sponsors

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A328 - Details

See Senate Version of this Bill:
S4372
Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Add §3006-a, Pub Health L
Versions Introduced in Other Legislative Sessions:
2015-2016: A8226, S6489
2019-2020: A230, S4119

A328 - Summary

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

A328 - Bill Text download pdf


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

                                   328

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                             January 5, 2017
                               ___________

Introduced  by M. of A. BRAUNSTEIN, ABINANTI, ZEBROWSKI, COLTON, JAFFEE,
  STECK -- Multi-Sponsored by -- M. of A. CROUCH, GRAF,  HIKIND,  LOPEZ,
  MONTESANO,  O'DONNELL,  SALADINO, SIMANOWITZ -- 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.
  § 2. The public health law is amended by adding a new  section  3006-a
to read as follows:
  §  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

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

Co-Sponsors

view additional co-sponsors

Multi-Sponsors

A328A (ACTIVE) - Details

See Senate Version of this Bill:
S4372
Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Add §3006-a, Pub Health L
Versions Introduced in Other Legislative Sessions:
2015-2016: A8226, S6489
2019-2020: A230, S4119

A328A (ACTIVE) - Summary

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

A328A (ACTIVE) - Bill Text download pdf


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

                                 328--A
                                                         Cal. No. 43

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                             January 5, 2017
                               ___________

Introduced  by M. of A. BRAUNSTEIN, ABINANTI, ZEBROWSKI, COLTON, JAFFEE,
  STECK, WEPRIN -- Multi-Sponsored by -- M. of A. CROUCH, GRAF,  HIKIND,
  LOPEZ,  MONTESANO,  O'DONNELL, SIMANOWITZ -- read once and referred to
  the Committee on Health -- reported and referred to the  Committee  on
  Codes -- reported from committee, advanced to a third reading, amended
  and ordered reprinted, retaining its place on the order of third read-
  ing

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.  The  public health law is amended by adding a new section
3006-a to read as follows:
  § 3006-A. PATIENT PRIVACY. 1. AS USED IN THIS SECTION:
  (A) "INDIVIDUAL IDENTIFYING INFORMATION" MEANS INFORMATION IDENTIFYING
OR TENDING TO IDENTIFY A PATIENT.
  (B) "MARKETING" MEANS ADVERTISING, DETAILING, MARKETING, PROMOTION, OR
ANY OTHER ACTIVITY THAT IS INTENDED TO BE  USED  TO  INFLUENCE  BUSINESS
VOLUME, SALES OR MARKET SHARE OR EVALUATE THE EFFECTIVENESS OF MARKETING
PRACTICES  OR MARKETING PERSONNEL, REGARDLESS OF WHETHER THE BENEFICIARY
OF THE MARKETING IS A GOVERNMENTAL, FOR-PROFIT, OR NOT-FOR-PROFIT  ENTI-
TY.
  2. NO AMBULANCE SERVICE, ADVANCED LIFE SUPPORT FIRST RESPONSE SERVICE,
OR  EMPLOYEE,  MEMBER  OR  AGENT THEREOF SHALL DISCLOSE, SELL, TRANSFER,
EXCHANGE, PROVIDE OR USE ANY INDIVIDUAL IDENTIFYING INFORMATION  TO  ANY
PERSON OR ENTITY FOR THE PURPOSE OF MARKETING.
  3.  NOTWITHSTANDING  SUBDIVISION  TWO  OF THIS SECTION, AND SUBJECT TO
OTHERWISE APPLICABLE LAW, INDIVIDUAL IDENTIFYING INFORMATION MAY BE:
  (A) DISCLOSED, SOLD, TRANSFERRED OR EXCHANGED TO:
  (I) THE PATIENT WHO IS THE SUBJECT OF THE  INFORMATION,  OR  A  PERSON
AUTHORIZED TO MAKE HEALTH CARE DECISIONS FOR THE PATIENT;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets