S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10500
 
                           I N  A S S E M B L Y
 
                               May 22, 2020
                                ___________
 
 Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Gottfried)
   -- read once and referred to the Committee on Health
 
 AN ACT to amend the public health law, in relation to the confidentiali-
   ty of contact tracing information
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1. Article 21 of the public health law is amended by adding a
 new title 8 to read as follows:
                                  TITLE 8
                        NOVEL CORONAVIRUS, COVID-19
 SECTION 2180. DEFINITIONS.
         2181. COVID-19 CONTACT TRACERS; REPORTS AND INFORMATION,  CONFI-
                 DENTIAL.
   §  2180.  DEFINITIONS. AS USED IN THIS TITLE THE FOLLOWING TERMS SHALL
 HAVE THE FOLLOWING MEANINGS:
   1. "CONTACT TRACING" MEANS THE IDENTIFICATION, MONITORING AND  SUPPORT
 OF  INDIVIDUALS  WHO  HAVE  COME  IN  CONTACT  WITH AN INDIVIDUAL WITH A
 CONFIRMED OR PROBABLE DIAGNOSES OF NOVEL CORONAVIRUS, COVID-19, AND  WHO
 HAVE  BEEN  EXPOSED TO, AND POSSIBLY INFECTED WITH COVID-19 AS PART OF A
 CASE INVESTIGATION.
   2. "CONTACT TRACERS" MEANS INDIVIDUALS ENLISTED BY THE STATE,  COUNTY,
 CITY OR AN AGENT THEREOF TO CONDUCT CONTACT TRACING.
   3.  "CONTACT  TRACING INFORMATION" MEANS ANY INFORMATION COLLECTED FOR
 THE PURPOSES OF CONTACT TRACING AND ANY  FURTHER  INFORMATION  COLLECTED
 DURING THE CONTACT TRACING PROCESS.
   §  2181.  COVID-19 CONTACT TRACERS; REPORTS AND INFORMATION, CONFIDEN-
 TIAL. 1. ALL REPORTS OR INFORMATION SECURED BY A BOARD OF HEALTH, HEALTH
 OFFICER UNDER THE PROVISIONS OF THIS TITLE, OR CONTACT  TRACER  ENLISTED
 AS  A RESULT OF A STATE OF EMERGENCY RELATED TO PERFORMING CONTACT TRAC-
 ING FOR COVID-19 SHALL BE CONFIDENTIAL AND CULTURALLY APPROPRIATE EXCEPT
 IN SO FAR AS IS NECESSARY TO CARRY OUT THE PURPOSES OF THIS ARTICLE  AND
 SHALL  NOT  BE ACCESSIBLE TO LAW ENFORCEMENT WITHOUT A COURT ORDER. SUCH
 REPORT OR CONTACT TRACING INFORMATION MAY BE DISCLOSED:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD16487-02-0

 A. 10500                            2
 
   (A) BY COURT ORDER IN A CRIMINAL PROCEEDING IN WHICH IT  IS  OTHERWISE
 ADMISSIBLE;
   (B)  IN  A PROCEEDING PURSUANT TO ARTICLE TEN  OF THE FAMILY COURT ACT
 IN WHICH IT IS OTHERWISE ADMISSIBLE,  TO  THE  PROSECUTION  AND  TO  THE
 DEFENSE,  OR IN A PROCEEDING PURSUANT TO ARTICLE TEN OF THE FAMILY COURT
 ACT IN WHICH IT IS OTHERWISE ADMISSIBLE, TO THE  PETITIONER,  RESPONDENT
 AND  ATTORNEY  FOR THE CHILD, PROVIDED THAT THE SUBJECT OF THE REPORT OR
 CONTACT TRACER INFORMATION HAS WAIVED THE CONFIDENTIALITY  PROVIDED  FOR
 BY THIS SECTION EXCEPT INSOFAR AS IS NECESSARY TO CARRY OUT THE PURPOSES
 OF THIS ARTICLE;
   (C)  TO  A  HEALTH CARE PROVIDER WHEN AN APPROPRIATE AUTHORIZATION FOR
 SUCH DISCLOSURE HAS BEEN SECURED TO ACCESS HEALTH SERVICES OR DOCUMENTA-
 TION FOR A PRECAUTIONARY ORDER OF QUARANTINE OR ISOLATION TO ACCESS SICK
 LEAVE; OR
   (D) TO THIRD-PARTY REIMBURSERS OR THEIR AGENTS TO THE EXTENT NECESSARY
 TO REIMBURSE HEALTH CARE PROVIDERS FOR HEALTH SERVICES;  PROVIDED  THAT,
 WHEN  NECESSARY, AN OTHERWISE APPROPRIATE AUTHORIZATION FOR SUCH DISCLO-
 SURE HAS BEEN SECURED BY THE PROVIDER.
   2. A PERSON WAIVES THE CONFIDENTIALITY PROVIDED FOR BY THIS SECTION IF
 SUCH PERSON VOLUNTARILY DISCLOSES AND CONSENTS IN WRITING TO  DISCLOSURE
 OF  SUCH  REPORT  OR CONTACT TRACER INFORMATION OR A PORTION THEREOF. IF
 SUCH PERSON LACKS THE CAPACITY TO CONSENT TO SUCH A WAIVER, HIS  OR  HER
 PARENT,  GUARDIAN OR ATTORNEY MAY SO CONSENT. AN ORDER DIRECTING DISCLO-
 SURE PURSUANT TO THIS SECTION SHALL SPECIFY THAT NO  REPORT  OR  CONTACT
 TRACER INFORMATION SHALL BE DISCLOSED PURSUANT TO SUCH ORDER WHICH IDEN-
 TIFIES  OR RELATES TO ANY PERSON OTHER THAN THE SUBJECT OF THE REPORT OR
 CONTACT TRACER INFORMATION. REPORTS AND CONTACT TRACER  INFORMATION  MAY
 BE  USED  IN  THE AGGREGATE IN PROGRAMS APPROVED BY THE COMMISSIONER FOR
 THE IMPROVEMENT OF THE QUALITY OF MEDICAL CARE PROVIDED TO PERSONS  WITH
 COVID-19;  OR WITH PATIENT IDENTIFIERS WHEN USED WITHIN THE STATE, LOCAL
 HEALTH DEPARTMENT BY PUBLIC HEALTH DISEASE PROGRAMS  OR  CONTACT  TRACER
 PROGRAMS  ESTABLISHED  BY  THE  STATE, A COUNTY OR CITY AS A RESULT OF A
 STATE OF  EMERGENCY  RELATED  TO  COVID-19  TO  ASSESS  CO-MORBIDITY  OR
 COMPLETENESS  OF  REPORTING  AND  TO DIRECT PROGRAM NEEDS, IN WHICH CASE
 PATIENT IDENTIFIERS SHALL NOT BE  DISCLOSED  OUTSIDE  THE  STATE,  LOCAL
 HEALTH  DEPARTMENT,  OR  CONTACT  TRACER  PROGRAMS  EXCEPT  AS OTHERWISE
 PROVIDED FOR IN THIS SECTION.
   § 2. This act shall take effect immediately.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                 10500--A
 
                           I N  A S S E M B L Y
 
                               May 22, 2020
                                ___________
 
 Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Gottfried,
   Paulin, Dinowitz, Jaffee, McDonald, Galef, Simon, Ashby) -- read  once
   and  referred to the Committee on Health -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee
 
 AN ACT to amend the public health law, in relation to the confidentiali-
   ty of contact tracing information

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Article 21 of the public health law is amended by adding  a
 new title 8 to read as follows:
                                  TITLE 8
                        NOVEL CORONAVIRUS, COVID-19
 SECTION 2180. DEFINITIONS.
         2181. COVID-19 CONTACT TRACING; CONFIDENTIAL.
         2182. REGULATIONS.
   §  2180.  DEFINITIONS. AS USED IN THIS TITLE THE FOLLOWING TERMS SHALL
 HAVE THE FOLLOWING MEANINGS:
   1. "CONTACT TRACING" MEANS CASE INVESTIGATION  AND  IDENTIFICATION  OF
 CONTACT INDIVIDUALS.
   2.  "CONTACT  TRACER" AND "CONTACT TRACING ENTITY" MEANS AN INDIVIDUAL
 OR ENTITY EMPLOYED BY OR UNDER CONTRACT WITH THE STATE, A LOCAL  GOVERN-
 MENT,  A  STATE  OR  LOCAL  GOVERNMENTAL ENTITY, OR AN AGENT THEREOF, TO
 CONDUCT CONTACT  TRACING,  ENGAGED  IN  CONTACT  TRACING,  OR  RECEIVING
 CONTACT TRACING INFORMATION.
   3.  "CONTACT  TRACING INFORMATION" MEANS ANY INFORMATION THAT INCLUDES
 OR CAN REVEAL THE IDENTITY OF ANY PRINCIPAL INDIVIDUAL OR CONTACT  INDI-
 VIDUAL,  AS  WELL  AS  ANY  COVID-19-RELATED  TEST  RESULTS, RECEIVED OR
 COLLECTED FOR THE PURPOSE OR IN THE COURSE OF CONTACT TRACING.
   4. "CONTACT INDIVIDUAL" MEANS AN INDIVIDUAL WHO HAS OR MAY  HAVE  COME
 IN  CONTACT  WITH  A  PRINCIPAL  INDIVIDUAL  OR WHO HAS OR MAY HAVE BEEN
 EXPOSED TO AND POSSIBLY INFECTED WITH COVID-19.
   5. "PRINCIPAL INDIVIDUAL" MEANS AN  INDIVIDUAL  WITH  A  CONFIRMED  OR
 PROBABLE DIAGNOSIS OF COVID-19.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD16487-03-0

 A. 10500--A                         2
 
   6. "COVID-19" MEANS INFECTION WITH OR THE DISEASE CAUSED BY THE SEVERE
 ACUTE RESPIRATORY SYNDROME CORONAVIRUS 2 (SARS-COV-2).
   7.  "IMMIGRATION  AUTHORITY"  MEANS  ANY ENTITY, OFFICER, EMPLOYEE, OR
 GOVERNMENT EMPLOYEE OR AGENT THEREOF CHARGED  WITH  ENFORCEMENT  OF  THE
 FEDERAL  IMMIGRATION  AND  NATIONALITY  ACT, INCLUDING THE UNITED STATES
 IMMIGRATION AND CUSTOMS ENFORCEMENT OR UNITED STATES CUSTOMS AND  BORDER
 PROTECTION, OR ANY SUCCESSOR LEGISLATION OR ENTITY.
   8.  "DE-IDENTIFIED" MEANS, IN RELATION TO CONTACT TRACING INFORMATION,
 THAT THE INFORMATION CANNOT IDENTIFY OR BE MADE TO IDENTIFY OR BE  ASSO-
 CIATED  WITH  A  PARTICULAR  INDIVIDUAL,  DIRECTLY  OR INDIRECTLY AND IS
 SUBJECT TO TECHNICAL SAFEGUARDS AND POLICIES AND PROCEDURES THAT PREVENT
 RE-IDENTIFICATION, WHETHER  INTENTIONALLY  OR  UNINTENTIONALLY,  OF  ANY
 INDIVIDUAL.
   §  2181. COVID-19 CONTACT TRACING; CONFIDENTIAL.  1. ALL CONTACT TRAC-
 ING INFORMATION SHALL BE KEPT CONFIDENTIAL BY  ANY  CONTACT  TRACER  AND
 CONTACT  TRACING ENTITY, AND MAY NOT BE DISCLOSED EXCEPT AS NECESSARY TO
 CARRY OUT CONTACT TRACING.
   2. A PERSON MAY ONLY WAIVE THE CONFIDENTIALITY PROVIDED  FOR  BY  THIS
 SECTION  BY  A WRITTEN, INFORMED AND VOLUNTARY WAIVER, IN PLAIN LANGUAGE
 AND NOT PART OF ANY OTHER DOCUMENT. THE WAIVER SHALL STATE THE SCOPE AND
 LIMIT OF THE WAIVER. IF A PERSON LACKS THE CAPACITY TO MAKE A WAIVER,  A
 PERSON  AUTHORIZED  TO  CONSENT  TO  HEALTH  CARE FOR THE PERSON, OR THE
 PERSON'S LEGAL REPRESENTATIVE, MAY MAKE THE WAIVER.
   3. A DISCLOSURE OF CONTACT TRACING INFORMATION AUTHORIZED  UNDER  THIS
 SECTION  SHALL BE LIMITED IN SCOPE AS TO THE IDENTITY OF ANY INDIVIDUAL,
 THE INFORMATION TO BE DISCLOSED, AND THE PARTY TO WHICH  DISCLOSURE  MAY
 BE MADE, AND AS NECESSARY TO ACHIEVE THE PURPOSE OF THE DISCLOSURE UNDER
 THIS SECTION, AND SHALL NOT AUTHORIZE RE-DISCLOSURE EXCEPT AS EXPLICITLY
 AUTHORIZED.  HOWEVER,  THIS  SECTION  DOES NOT BAR DISCLOSURE OF CONTACT
 TRACING INFORMATION PERTAINING TO AND IDENTIFYING A PRINCIPAL INDIVIDUAL
 OR CONTACT INDIVIDUAL BY THAT INDIVIDUAL.
   4. (A) THIS  SECTION  DOES  NOT  BAR  OTHERWISE-LAWFUL  DISCLOSURE  OF
 CONTACT  TRACING INFORMATION, INCLUDING AGGREGATE CONTACT TRACING INFOR-
 MATION, THAT IS DE-IDENTIFIED. DISCLOSURE UNDER THIS  SUBDIVISION  SHALL
 ONLY BE FOR A PUBLIC HEALTH OR PUBLIC HEALTH RESEARCH PURPOSE.
   (B)  A  PERSON  OR  ENTITY  MAY ONLY USE DE-IDENTIFIED CONTACT TRACING
 INFORMATION IF THE PERSON OR ENTITY MAINTAINS TECHNICAL  SAFEGUARDS  AND
 POLICIES  AND  PROCEDURES THAT PREVENT RE-IDENTIFICATION, WHETHER INTEN-
 TIONALLY OR UNINTENTIONALLY, OF ANY INDIVIDUAL.
   (C) DISCLOSURE UNDER  THIS  SUBDIVISION  SHALL  BE  ONLY  PURSUANT  TO
 APPROVAL  BY  THE  COMMISSIONER  (OR  THE  NEW YORK CITY COMMISSIONER OF
 HEALTH AND MENTAL HYGIENE IN THE CASE  OF  CONTACT  TRACING  INFORMATION
 COLLECTED  BY  OR  UNDER  AUTHORITY  OF  THE NEW YORK CITY DEPARTMENT OF
 HEALTH AND MENTAL HYGIENE OR THE NEW  YORK  CITY  HEALTH  AND  HOSPITALS
 CORPORATION)  SPECIFYING THE PURPOSE, NATURE AND SCOPE OF THE DISCLOSURE
 AND MEASURES TO ENSURE THAT IT WILL COMPLY WITH  THIS  SECTION  AND  THE
 TERMS OF THE APPROVAL.
   5. NO LAW ENFORCEMENT AGENT OR ENTITY (OTHER THAN AN ENTITY DEFINED IN
 SECTION TWO OF THIS CHAPTER OR AN AGENT THEREOF) OR IMMIGRATION AUTHORI-
 TY  SHALL  BE  A  CONTACT  TRACER OR CONTACT TRACING ENTITY OR ENGAGE IN
 CONTACT TRACING.
   6. NO CONTACT TRACER OR CONTACT TRACING  ENTITY  MAY  PROVIDE  CONTACT
 TRACING  INFORMATION TO A LAW ENFORCEMENT AGENT OR ENTITY (OTHER THAN AN
 ENTITY DEFINED IN SECTION TWO OF THIS CHAPTER OR AN  AGENT  THEREOF)  OR
 IMMIGRATION  AUTHORITY.  WITHOUT  CONSENT  UNDER SUBDIVISION TWO OF THIS
 SECTION, CONTACT TRACING INFORMATION AND ANY EVIDENCE DERIVED  THEREFROM

 A. 10500--A                         3
 
 SHALL  NOT BE SUBJECT TO OR PROVIDED IN RESPONSE TO ANY LEGAL PROCESS OR
 BE ADMISSIBLE FOR ANY PURPOSE IN ANY JUDICIAL OR  ADMINISTRATIVE  ACTION
 OR PROCEEDING.
   7.  A CONTACT TRACER OR CONTACT TRACING ENTITY SHALL CAUSE ALL CONTACT
 TRACING  INFORMATION  IT  RECEIVES  OR  COLLECTS  AND  THAT  IS  IN  ITS
 POSSESSION OR CONTROL TO BE EXPUNGED OR DE-IDENTIFIED WITHIN THIRTY DAYS
 OF  THE  DATE  THE  CONTACT TRACER OR CONTACT TRACING ENTITY RECEIVES OR
 COLLECTS IT.
   § 2182. REGULATIONS. THE COMMISSIONER SHALL  MAKE  REGULATIONS  IMPLE-
 MENTING THIS TITLE.
   § 2. This act shall take effect immediately.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                 10500--B
 
                           I N  A S S E M B L Y
 
                               May 22, 2020
                                ___________
 
 Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Gottfried,
   Paulin, Dinowitz, Jaffee, McDonald, Galef,  Simon,  Solages,  Bronson,
   Hunter,  Niou, Zebrowski, Quart, Cruz, Ashby, Lentol, Weprin, Epstein,
   Mosley, Abinanti,  Perry,  Pichardo,  Blake,  Englebright,  Seawright,
   Ortiz,  Reyes,  L. Rosenthal, Fernandez, Simotas, Cahill) -- read once
   and referred to the Committee on Health -- committee discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee -- again reported from said  committee  with  amendments,  ordered
   reprinted as amended and recommitted to said committee
 
 AN ACT to amend the public health law, in relation to the confidentiali-
   ty of contact tracing information
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Article 21 of the public health law is amended by adding  a
 new title 8 to read as follows:
                                  TITLE 8
                        NOVEL CORONAVIRUS, COVID-19
 SECTION 2180. DEFINITIONS.
         2181. COVID-19 CONTACT TRACING; CONFIDENTIALITY.
         2182. REGULATIONS.
   §  2180.  DEFINITIONS. AS USED IN THIS TITLE THE FOLLOWING TERMS SHALL
 HAVE THE FOLLOWING MEANINGS:
   1. "CONTACT TRACING" MEANS CASE INVESTIGATION  AND  IDENTIFICATION  OF
 PRINCIPAL INDIVIDUALS AND CONTACT INDIVIDUALS.
   2.  "CONTACT  TRACER" AND "CONTACT TRACING ENTITY" MEANS AN INDIVIDUAL
 OR ENTITY EMPLOYED BY OR UNDER CONTRACT WITH THE STATE, A LOCAL  GOVERN-
 MENT,  A  STATE  OR  LOCAL  GOVERNMENTAL ENTITY, OR AN AGENT THEREOF, TO
 CONDUCT CONTACT TRACING, ENGAGE IN CONTACT TRACING, OR  RECEIVE  CONTACT
 TRACING INFORMATION.
   3.  "CONTACT  TRACING INFORMATION" MEANS ANY INFORMATION THAT INCLUDES
 OR CAN REVEAL THE IDENTITY OF ANY PRINCIPAL INDIVIDUAL OR CONTACT  INDI-
 VIDUAL,  AND  ANY COVID-19-RELATED INFORMATION OR TEST RESULTS, RECEIVED
 OR COLLECTED FOR THE PURPOSE OR IN THE COURSE OF CONTACT TRACING.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD16487-09-0

 A. 10500--B                         2
 
   4. "CONTACT INDIVIDUAL" MEANS AN INDIVIDUAL WHO HAS OR MAY  HAVE  COME
 IN  CONTACT  WITH  A  PRINCIPAL  INDIVIDUAL  OR WHO HAS OR MAY HAVE BEEN
 EXPOSED TO AND POSSIBLY INFECTED WITH COVID-19.
   5.  "PRINCIPAL  INDIVIDUAL"  MEANS  AN  INDIVIDUAL WITH A CONFIRMED OR
 PROBABLE DIAGNOSIS OF COVID-19.
   6. "COVID-19" MEANS INFECTION WITH OR THE DISEASE CAUSED BY THE SEVERE
 ACUTE RESPIRATORY SYNDROME CORONAVIRUS 2 (SARS-COV-2).
   7. "IMMIGRATION AUTHORITY" MEANS ANY  ENTITY,  OFFICER,  EMPLOYEE,  OR
 GOVERNMENT EMPLOYEE OR AGENT THEREOF CHARGED WITH OR ENGAGED IN ENFORCE-
 MENT  OF  THE  FEDERAL  IMMIGRATION  AND  NATIONALITY ACT, INCLUDING THE
 UNITED STATES IMMIGRATION  AND  CUSTOMS  ENFORCEMENT  OR  UNITED  STATES
 CUSTOMS AND BORDER PROTECTION, OR ANY SUCCESSOR LEGISLATION OR ENTITY.
   8.  "DE-IDENTIFIED" MEANS, IN RELATION TO CONTACT TRACING INFORMATION,
 THAT THE INFORMATION CANNOT IDENTIFY OR BE MADE TO IDENTIFY OR BE  ASSO-
 CIATED  WITH  A  PARTICULAR  INDIVIDUAL,  DIRECTLY  OR INDIRECTLY AND IS
 SUBJECT TO TECHNICAL SAFEGUARDS AND POLICIES AND PROCEDURES THAT PREVENT
 RE-IDENTIFICATION, WHETHER  INTENTIONALLY  OR  UNINTENTIONALLY,  OF  ANY
 INDIVIDUAL.
   9.  "LAW ENFORCEMENT AGENT OR ENTITY" MEANS ANY GOVERNMENTAL ENTITY OR
 PUBLIC SERVANT, OR AGENT, CONTRACTOR OR EMPLOYEE THEREOF, AUTHORIZED  TO
 INVESTIGATE,  PROSECUTE,  OR  MAKE  AN  ARREST  FOR  A CRIMINAL OR CIVIL
 OFFENSE, OR ENGAGED IN ANY SUCH ACTIVITY, BUT SHALL NOT MEAN THE DEPART-
 MENT, THE COMMISSIONER,  A  HEALTH  DISTRICT,  A  COUNTY  DEPARTMENT  OF
 HEALTH,  A  COUNTY HEALTH COMMISSIONER, A LOCAL BOARD OF HEALTH, A LOCAL
 HEALTH OFFICER, THE DEPARTMENT OF HEALTH AND MENTAL HYGIENE OF THE  CITY
 OF  NEW YORK, OR THE COMMISSIONER OF THE DEPARTMENT OF HEALTH AND MENTAL
 HYGIENE OF THE CITY OF NEW YORK.
   10. "SUPPORT" MEANS RESOURCES OR SERVICES PROVIDED TO AN INDIVIDUAL TO
 ENABLE SUCH  INDIVIDUAL  TO  SAFELY  QUARANTINE  OR  ISOLATE,  INCLUDING
 GROCERY,  MEAL  OR  PHARMACY  DELIVERY, LAUNDRY SERVICES, CHILD OR ELDER
 CARE, PET WALKING, ASSISTANCE WITH TELEPHONE, INTERNET, OR OTHER  COMMU-
 NICATION  SERVICES  OR DEVICES, HEALTH AND MENTAL HEALTH SERVICES, LEGAL
 SERVICES, PROVISION OF APPROPRIATE  LIVING  SPACE  FOR  INDIVIDUALS  WHO
 CANNOT ISOLATE OR QUARANTINE AT HOME, AND INCOME REPLACEMENT.
   §  2181.  COVID-19  CONTACT TRACING; CONFIDENTIALITY.   1. ALL CONTACT
 TRACING INFORMATION SHALL BE KEPT CONFIDENTIAL BY ANY CONTACT TRACER AND
 CONTACT TRACING ENTITY, AND MAY NOT BE DISCLOSED EXCEPT AS NECESSARY  TO
 CARRY OUT CONTACT TRACING.
   2.  (A)  AN INDIVIDUAL MAY ONLY WAIVE THE CONFIDENTIALITY PROVIDED FOR
 BY THIS SECTION BY A WRITTEN, INFORMED AND VOLUNTARY  WAIVER,  IN  PLAIN
 LANGUAGE  AND  IN A LANGUAGE UNDERSTANDABLE TO THE INDIVIDUAL MAKING THE
 WAIVER, AND NOT PART OF ANY OTHER DOCUMENT. THE WAIVER SHALL  STATE  THE
 SCOPE  AND  LIMIT  OF THE WAIVER. IF AN INDIVIDUAL LACKS THE CAPACITY TO
 MAKE A WAIVER, AN INDIVIDUAL AUTHORIZED TO CONSENT TO  HEALTH  CARE  FOR
 THE  INDIVIDUAL,  OR THE INDIVIDUAL'S LEGAL REPRESENTATIVE, MAY MAKE THE
 WAIVER.  HOWEVER, A WAIVER OF CONFIDENTIALITY  IS  NOT  REQUIRED  TO  BE
 WRITTEN  IF  IT  IS  SOLELY  FOR  THE  PURPOSE OF ARRANGING OR PROVIDING
 SUPPORT FOR THE INDIVIDUAL WHO IS THE SUBJECT  OF  THE  CONTACT  TRACING
 INFORMATION.
   (B)  A  WAIVER  OF CONFIDENTIALITY UNDER THIS SECTION SHALL ONLY APPLY
 FOR THE PURPOSE OF ARRANGING OR PROVIDING SUPPORT IF THE INDIVIDUAL  WHO
 IS  THE  SUBJECT  OF  THE CONTACT TRACING INFORMATION PROVIDES VOLUNTARY
 INFORMED CONSENT TO THE ARRANGING OR PROVIDING OF THE SUPPORT.
   3. A DISCLOSURE OF CONTACT TRACING INFORMATION AUTHORIZED  UNDER  THIS
 SECTION  SHALL BE LIMITED IN SCOPE AS TO THE IDENTITY OF ANY INDIVIDUAL,
 THE INFORMATION TO BE DISCLOSED, AND THE PARTY TO WHICH  DISCLOSURE  MAY

 A. 10500--B                         3
 
 BE MADE, AND AS NECESSARY TO ACHIEVE THE PURPOSE OF THE DISCLOSURE UNDER
 THIS SECTION, AND SHALL NOT AUTHORIZE RE-DISCLOSURE EXCEPT AS EXPLICITLY
 AUTHORIZED BY THE TERMS OF THE WAIVER UNDER THIS SECTION.  HOWEVER, THIS
 SECTION  DOES NOT BAR DISCLOSURE OF CONTACT TRACING INFORMATION PERTAIN-
 ING TO AND IDENTIFYING A PRINCIPAL INDIVIDUAL OR CONTACT  INDIVIDUAL  BY
 THE INDIVIDUAL WHO IS IDENTIFIED.
   4.  (A)  THIS  SECTION  DOES  NOT  BAR  OTHERWISE-LAWFUL DISCLOSURE OF
 CONTACT TRACING INFORMATION, INCLUDING AGGREGATE CONTACT TRACING  INFOR-
 MATION,  THAT  IS DE-IDENTIFIED. DISCLOSURE UNDER THIS SUBDIVISION SHALL
 ONLY BE FOR A PUBLIC HEALTH OR PUBLIC HEALTH RESEARCH PURPOSE.
   (B) A PERSON OR ENTITY MAY  ONLY  USE  DE-IDENTIFIED  CONTACT  TRACING
 INFORMATION  IF  THE PERSON OR ENTITY MAINTAINS TECHNICAL SAFEGUARDS AND
 POLICIES AND PROCEDURES THAT PREVENT RE-IDENTIFICATION,  WHETHER  INTEN-
 TIONAL OR UNINTENTIONAL, OF ANY INDIVIDUAL.
   (C)  DISCLOSURE  UNDER  THIS  SUBDIVISION  SHALL  BE  ONLY PURSUANT TO
 APPROVAL BY THE COMMISSIONER (OR  THE  NEW  YORK  CITY  COMMISSIONER  OF
 HEALTH  AND  MENTAL  HYGIENE  IN THE CASE OF CONTACT TRACING INFORMATION
 COLLECTED BY OR UNDER AUTHORITY OF  THE  NEW  YORK  CITY  DEPARTMENT  OF
 HEALTH  AND  MENTAL  HYGIENE  OR  THE NEW YORK CITY HEALTH AND HOSPITALS
 CORPORATION) SPECIFYING THE PURPOSE, NATURE AND SCOPE OF THE  DISCLOSURE
 AND  MEASURES  TO  ENSURE  THAT IT WILL COMPLY WITH THIS SECTION AND THE
 TERMS OF THE APPROVAL.
   5. NO LAW ENFORCEMENT AGENT OR ENTITY OR IMMIGRATION  AUTHORITY  SHALL
 BE A CONTACT TRACER OR CONTACT TRACING ENTITY OR ENGAGE IN CONTACT TRAC-
 ING.
   6.  NO  CONTACT  TRACER  OR CONTACT TRACING ENTITY MAY PROVIDE CONTACT
 TRACING INFORMATION TO A LAW ENFORCEMENT AGENT OR ENTITY OR  IMMIGRATION
 AUTHORITY.  WITHOUT  CONSENT  UNDER  SUBDIVISION  TWO  OF  THIS SECTION,
 CONTACT TRACING INFORMATION AND ANY EVIDENCE DERIVED THEREFROM SHALL NOT
 BE SUBJECT TO OR PROVIDED IN RESPONSE TO ANY LEGAL PROCESS OR BE  ADMIS-
 SIBLE  FOR  ANY  PURPOSE  IN  ANY  JUDICIAL  OR ADMINISTRATIVE ACTION OR
 PROCEEDING.
   7. A CONTACT TRACER OR CONTACT TRACING ENTITY SHALL CAUSE ALL  CONTACT
 TRACING  INFORMATION  IT  RECEIVES  OR  COLLECTS  AND  THAT  IS  IN  ITS
 POSSESSION OR CONTROL TO BE EXPUNGED OR DE-IDENTIFIED WITHIN THIRTY DAYS
 OF THE DATE THE CONTACT TRACER OR CONTACT  TRACING  ENTITY  RECEIVES  OR
 COLLECTS  IT.  HOWEVER, SUCH EXPUNGEMENT OR DE-IDENTIFICATION OF PARTIC-
 ULAR CONTACT TRACING INFORMATION MAY BE POSTPONED FOR UP TO FIFTEEN DAYS
 WHILE THE CONTACT TRACER OR CONTACT TRACING ENTITY IS  ACTIVELY  ENGAGED
 IN  CONTACT  TRACING USING THAT INFORMATION, PROVIDED THAT THE PRINCIPAL
 INDIVIDUAL OR CONTACT INDIVIDUAL TO WHOM  IT  PERTAINS  GIVES  VOLUNTARY
 INFORMED CONSENT.
   §  2182.  REGULATIONS.  THE COMMISSIONER SHALL MAKE REGULATIONS IMPLE-
 MENTING THIS TITLE.
   § 2. This act shall take effect immediately.