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 - 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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Bill Amendments

co-Sponsors

multi-Sponsors

2017-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

2017-A328 - Summary

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

2017-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

multi-Sponsors

2017-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

2017-A328A (ACTIVE) - Summary

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

2017-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
              

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