S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    230
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by M. of A. BRAUNSTEIN, ABINANTI, ZEBROWSKI, COLTON, JAFFEE,
   STECK, WEPRIN -- Multi-Sponsored by -- M.  of  A.  CROUCH,  MONTESANO,
   O'DONNELL -- 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.  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.
              

                                                            LBD02658-01-9

 A. 230                              2
 
 TION SYSTEM SUBJECT TO REGULATIONS OF THE DEPARTMENT, FOR THE PURPOSE OF
 SUCH CARE OR TREATMENT;
   (III)  AN  OFFICER, INSPECTOR OR INVESTIGATOR FOR A GOVERNMENT HEALTH,
 LICENSING OR LAW  ENFORCEMENT  AGENCY  ACTING  UNDER  APPROPRIATE  LEGAL
 AUTHORITY;
   (IV)  A  PERSON  AUTHORIZED  BY A COURT ORDER OR A SUBPOENA TO RECEIVE
 SUCH INFORMATION;
   (V) THE PATIENT'S HEALTH PLAN, INSURER, OR THIRD PARTY  PAYER,  OR  AN
 AGENT  THEREOF,  FOR  THE PURPOSE OF PAYMENT OR REIMBURSEMENT FOR HEALTH
 CARE SERVICES, INCLUDING DETERMINING COMPLIANCE WITH THE TERMS OF COVER-
 AGE OR MEDICAL NECESSITY, OR UTILIZATION REVIEW;
   (VI) A PERSON OR ENTITY TO WHOM, AND FOR A PURPOSE FOR WHICH,  DISCLO-
 SURE OR TRANSFER IS OTHERWISE EXPLICITLY AUTHORIZED OR REQUIRED BY LAW;
   (VII) A PERSON OR ENTITY, FOR THE PURPOSE OF CONDUCTING QUALITY ASSUR-
 ANCE  OR  EVALUATING  THE  PERFORMANCE OF AN AMBULANCE SERVICE, ADVANCED
 LIFE SUPPORT FIRST RESPONSE SERVICE, OR ANY EMPLOYEE,  MEMBER  OR  AGENT
 THEREOF;
   (VIII)  A  PERSON OR ENTITY ACTING AS AN EMPLOYEE OR AGENT OF A PERSON
 OR ENTITY UNDER ANY PRECEDING PARAGRAPH OF  THIS  SUBDIVISION,  FOR  THE
 PURPOSE OF AND CONSISTENT WITH THAT PARAGRAPH; OR
   (IX) A GOVERNMENT ENTITY AS PROVIDED BY LAW; AND
   (B)  USED  BY  SUCH  AMBULANCE  SERVICE,  ADVANCED  LIFE SUPPORT FIRST
 RESPONDER SERVICE, OR EMPLOYEE, MEMBER OR AGENT THEREOF,  FOR  TRAINING,
 PROMOTION,  STAFF  RECOGNITION  OR RECRUITMENT PURPOSES, CONSISTENT WITH
 APPLICABLE LAW, PROVIDED THE PATIENT OR A QUALIFIED PERSON AS DEFINED BY
 PARAGRAPH (G) OF SUBDIVISION ONE OF SECTION EIGHTEEN OF THIS CHAPTER HAS
 PROVIDED CONSENT TO SUCH USE IN A SEPARATE, STAND-ALONE  DOCUMENT.  SUCH
 CONSENT  SHALL  BE  LIMITED  TO  THE PARTICULAR TYPE OR TYPES OF USE AND
 SPECIFIC TRANSACTION OR TRANSACTIONS FOR WHICH SUCH CONSENT IS GIVEN.
   4. NOTHING IN THIS SECTION SHALL PROHIBIT THE COLLECTION, USE,  TRANS-
 FER,  OR SALE OF PATIENT DATA BY ZIP CODE, GEOGRAPHIC REGION, OR MEDICAL
 SPECIALTY FOR MARKETING PURPOSES, PROVIDING IT DOES NOT CONTAIN INDIVID-
 UAL IDENTIFYING INFORMATION.
   5. THIS SECTION SHALL NOT PREVENT A PERSON FROM  DISCLOSING,  SELLING,
 TRANSFERRING,  OR EXCHANGING FOR VALUE HIS OR HER OWN INDIVIDUAL IDENTI-
 FYING INFORMATION, FOR ANY PURPOSE; PROVIDED THAT THE  INFORMATION  DOES
 NOT  INCLUDE  INDIVIDUAL IDENTIFYING INFORMATION PERTAINING TO ANY OTHER
 PERSON.
   6. THIS SECTION DOES NOT PROHIBIT  A  NOT-FOR-PROFIT  OR  GOVERNMENTAL
 AMBULANCE  SERVICE  OR  ADVANCED LIFE SUPPORT FIRST RESPONSE SERVICE, OR
 AGENT THEREOF, FROM USING A PATIENT'S  NAME  AND  ADDRESS  IN  ORDER  TO
 CONTACT  SUCH  PATIENT  OR A FAMILY MEMBER AT SUCH ADDRESS WITH REQUESTS
 FOR DONATIONS TO SUCH SERVICE; PROVIDING THAT SUCH USE SHALL NOT INCLUDE
 DISCLOSING ANY INDIVIDUAL IDENTIFYING INFORMATION.
   7. NO PERSON OR ENTITY TO WHOM OR WHICH INDIVIDUAL IDENTIFYING  INFOR-
 MATION  IS  DISCLOSED,  SOLD,  TRANSFERRED  OR EXCHANGED SHALL DISCLOSE,
 SELL, TRANSFER OR EXCHANGE IT TO ANY PERSON OR ENTITY OTHER THAN FOR THE
 LAWFUL  PURPOSE  FOR  WHICH  IT  WAS  DISCLOSED,  SOLD,  TRANSFERRED  OR
 EXCHANGED  TO  THE  PERSON OR ENTITY, AND WITHOUT SATISFACTORY ASSURANCE
 THAT THE RECIPIENT WILL SAFEGUARD THE RECORDS FROM  BEING  DISCLOSED  OR
 USED FOR MARKETING PURPOSES.
   8.  THIS SECTION DOES NOT AUTHORIZE ANY DISCLOSURE, SALE, TRANSFER, OR
 EXCHANGE OF INDIVIDUAL IDENTIFYING INFORMATION  THAT  IS  NOT  OTHERWISE
 AUTHORIZED OR REQUIRED BY LAW.
   9. IN ADDITION TO THE COMMISSIONER'S AUTHORITY TO ENFORCE THIS SECTION
 UNDER SECTION THREE THOUSAND TWELVE OF THIS ARTICLE, THE ATTORNEY GENER-

 A. 230                              3
 
 AL  SHALL  HAVE  THE  AUTHORITY TO BRING AN ACTION TO ENFORCE COMPLIANCE
 WITH THIS SECTION WITHOUT REFERRAL BY THE COMMISSIONER.
   § 2. This act shall take effect on the one hundred eightieth day after
 it  shall  have  become a law; provided that, effective immediately, the
 commissioner of health may  make  regulations  and  take  other  actions
 reasonably necessary to implement this act on such date.