Assembly Bill A10704

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10704
 
                           I N  A S S E M B L Y
 
                               July 1, 2020
                                ___________
 
 Introduced  by  COMMITTEE  ON RULES -- (at request of M. of A. L. Rosen-
   thal) -- read once and referred to the Committee on  Consumer  Affairs
   and Protection
 
 AN  ACT  to  amend  the  general business law, in relation to electronic
   health products and services
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The general business law is amended by adding a new article
 42 to read as follows:
                                ARTICLE 42
                  ELECTRONIC HEALTH PRODUCTS AND SERVICES
 
 SECTION 1100. DEFINITIONS.
         1101. ELECTRONIC HEALTH PRODUCTS AND SERVICES; PRIVACY.
   §  1100.  DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE, THE FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   1. "DEACTIVATION" MEANS A USER'S DELETION, REMOVAL,  OR  OTHER  ACTION
 MADE  TO  TERMINATE  HIS  OR  HER USE OF AN ELECTRONIC HEALTH PRODUCT OR
 SERVICE.
   2. "ELECTRONIC HEALTH PRODUCT OR SERVICE" MEANS ANY SOFTWARE OR  HARD-
 WARE,  INCLUDING A MOBILE APPLICATION, WEBSITE, OR OTHER RELATED PRODUCT
 OR SERVICE, THAT IS DESIGNED TO MAINTAIN PERSONAL HEALTH INFORMATION, IN
 ORDER TO MAKE SUCH PERSONAL HEALTH INFORMATION AVAILABLE TO A USER OR TO
 A HEALTH CARE PROVIDER AT THE  REQUEST  OF  SUCH  USER  OR  HEALTH  CARE
 PROVIDER,  FOR  THE  PURPOSES OF ALLOWING SUCH USER TO MANAGE HIS OR HER
 INFORMATION, OR FOR THE DIAGNOSIS, TREATMENT, OR MANAGEMENT OF A MEDICAL
 CONDITION.
   3. "HEALTH CARE PROVIDER" MEANS:
   (A) A HOSPITAL AS DEFINED IN ARTICLE TWENTY-EIGHT OF THE PUBLIC HEALTH
 LAW, A HOME CARE SERVICES AGENCY AS DEFINED IN ARTICLE THIRTY-SIX OF THE
 PUBLIC HEALTH LAW, A HOSPICE AS DEFINED IN ARTICLE FORTY OF  THE  PUBLIC
 HEALTH  LAW,  A  HEALTH  MAINTENANCE  ORGANIZATION AS DEFINED IN ARTICLE
 FORTY-FOUR OF THE PUBLIC HEALTH LAW, OR  A  SHARED  HEALTH  FACILITY  AS
 DEFINED IN ARTICLE FORTY-SEVEN OF THE PUBLIC HEALTH LAW; OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD16757-01-0

 A. 10704                            2
 
   (B)  A  PERSON  LICENSED  UNDER  ARTICLE  ONE  HUNDRED THIRTY-ONE, ONE
 HUNDRED THIRTY-ONE-B, ONE HUNDRED THIRTY-TWO, ONE HUNDRED  THIRTY-THREE,
 ONE  HUNDRED THIRTY-SIX, ONE HUNDRED THIRTY-NINE, ONE HUNDRED FORTY-ONE,
 ONE HUNDRED FORTY-THREE, ONE  HUNDRED  FORTY-FOUR,  ONE  HUNDRED  FIFTY-
 THREE,  ONE  HUNDRED  FIFTY-FOUR,  ONE  HUNDRED FIFTY-SIX OR ONE HUNDRED
 FIFTY-NINE OF THE EDUCATION LAW.
   4. "PERSONAL HEALTH INFORMATION" MEANS ANY  INDIVIDUALLY  IDENTIFIABLE
 INFORMATION  ABOUT AN INDIVIDUAL'S MENTAL OR PHYSICAL CONDITION PROVIDED
 BY SUCH INDIVIDUAL, OR OTHERWISE GAINED FROM  MONITORING  SUCH  INDIVID-
 UAL'S MENTAL OR PHYSICAL CONDITION.
   5.  "OTHER PERSONAL DATA" MEANS ANY INDIVIDUALLY IDENTIFIABLE INFORMA-
 TION ABOUT AN INDIVIDUAL  PROVIDED  BY  SUCH  INDIVIDUAL,  OR  OTHERWISE
 GAINED  FROM  MONITORING  SUCH  INDIVIDUAL,  OTHER  THAN PERSONAL HEALTH
 INFORMATION.
   6. "USER" MEANS AN INDIVIDUAL WHO HAS DOWNLOADED OR USES AN ELECTRONIC
 HEALTH PRODUCT OR SERVICE.
   § 1101. ELECTRONIC HEALTH PRODUCTS AND  SERVICES;  PRIVACY.    1.  ANY
 ENTITY THAT OFFERS AN ELECTRONIC HEALTH PRODUCT OR SERVICE, SHALL OBTAIN
 CONSENT FROM A USER BEFORE COLLECTING ANY PERSONAL HEALTH INFORMATION OR
 ANY OTHER PERSONAL DATA FROM SUCH USER.
   2.  IN  ORDER  TO OBTAIN CONSENT IN COMPLIANCE WITH SUBDIVISION ONE OF
 THIS SECTION, AN ENTITY OFFERING AN ELECTRONIC HEALTH PRODUCT OR SERVICE
 SHALL:
   (A) DISCLOSE TO THE USER ALL  PERSONAL  HEALTH  INFORMATION  OR  OTHER
 PERSONAL  DATA  SUCH  ELECTRONIC  HEALTH PRODUCT OR SERVICE WILL COLLECT
 FROM THE USER UPON OBTAINING CONSENT;
   (B) DISCLOSE TO THE  USER  ANY  THIRD  PARTY  WITH  WHOM  SUCH  USER'S
 PERSONAL  HEALTH INFORMATION OR OTHER PERSONAL DATA MAY BE SHARED BY THE
 ELECTRONIC HEALTH PRODUCT OR SERVICE UPON OBTAINING CONSENT;
   (C) DISCLOSE TO THE USER  THE  PURPOSE  FOR  COLLECTING  ANY  PERSONAL
 HEALTH INFORMATION OR OTHER PERSONAL DATA; AND
   (D) ALLOW THE USER TO WITHDRAW CONSENT AT ANY TIME.
   3.  NO ELECTRONIC HEALTH PRODUCT OR SERVICE SHALL COLLECT ANY PERSONAL
 HEALTH INFORMATION OR OTHER  PERSONAL  DATA  BEYOND  WHICH  A  USER  HAS
 SPECIFICALLY  CONSENTED  TO SHARE WITH SUCH ELECTRONIC HEALTH PRODUCT OR
 SERVICE UNDER SUBDIVISION ONE OF THIS SECTION.
   4. AN ELECTRONIC HEALTH PRODUCT OR SERVICE SHALL DELETE  OR  OTHERWISE
 DESTROY ANY PERSONAL HEALTH INFORMATION OR OTHER PERSONAL DATA COLLECTED
 FROM A USER IMMEDIATELY UPON SUCH USER'S REQUEST, WITHDRAWAL OF CONSENT;
 OR UPON SUCH USER'S DEACTIVATION OF HIS OR HER ACCOUNT.
   §  2.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.