senate Bill S4119

Signed By Governor
2019-2020 Legislative Session

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

download bill text pdf

Sponsored By

Current Bill Status Via A230 - Signed by Governor


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor

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Actions

view actions (10)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Oct 07, 2019 signed chap.358
Oct 01, 2019 delivered to governor
Jun 12, 2019 returned to assembly
passed senate
3rd reading cal.1306
substituted for s4119
Jun 12, 2019 substituted by a230
ordered to third reading cal.1306
committee discharged and committed to rules
Feb 28, 2019 referred to health

S4119 (ACTIVE) - Details

See Assembly Version of this Bill:
A230
Law Section:
Public Health Law
Laws Affected:
Add §3006-a, Pub Health L
Versions Introduced in Other Legislative Sessions:
2015-2016: S6489, A8226
2017-2018: S4372, A328

S4119 (ACTIVE) - Summary

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

S4119 (ACTIVE) - Sponsor Memo

S4119 (ACTIVE) - Bill Text download pdf


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

                                  4119

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            February 28, 2019
                               ___________

Introduced  by  Sen.  LIU  --  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. 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-
TION 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.
                                                           LBD02658-01-9

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