senate Bill S4372A

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

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Actions

view actions (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 03, 2018 referred to health
Jun 16, 2017 print number 4372a
Jun 16, 2017 amend and recommit to health
Feb 10, 2017 referred to health

S4372 - Details

See Assembly Version of this Bill:
A328
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: S6489, A8226
2019-2020: S4119, A230

S4372 - Summary

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

S4372 - Sponsor Memo

S4372 - Bill Text download pdf


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

                                  4372

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                            February 10, 2017
                               ___________

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.
  § 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
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.

S4372A (ACTIVE) - Details

See Assembly Version of this Bill:
A328
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: S6489, A8226
2019-2020: S4119, A230

S4372A (ACTIVE) - Summary

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

S4372A (ACTIVE) - Sponsor Memo

S4372A (ACTIVE) - Bill Text download pdf


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

                                 4372--A

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                            February 10, 2017
                               ___________

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.  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;
  (II)  A  HEALTH  CARE  PROVIDER  PROVIDING  CARE  OR  TREATMENT TO THE
PATIENT, FOR THE PURPOSE OF SUCH CARE OR TREATMENT; OR A HEALTH INFORMA-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01759-07-7

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