NY State Senate Bill S8450C

Archive: Last Bill Status Via A10500 - 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 (17)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 23, 2020	approval memo.69 signed chap.377
Dec 11, 2020	delivered to governor
Jul 23, 2020	returned to assembly passed senate 3rd reading cal.908 substituted for s8450c
Jul 23, 2020	substituted by a10500c
Jul 22, 2020	ordered to third reading cal.908
Jul 20, 2020	reported and committed to rules
Jul 18, 2020	print number 8450c
Jul 18, 2020	amend and recommit to health
Jul 09, 2020	print number 8450b
Jul 09, 2020	amend and recommit to health
Jun 05, 2020	print number 8450a
Jun 05, 2020	amend and recommit to health
Jun 03, 2020	referred to health

Votes

view votes

Jul 23, 2020 - floor Vote

A10500C

floor

Aye

Nay

Absent

Excused

Abstained

Jul 22, 2020 - Rules committee Vote

S8450C

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Jul 20, 2020 - Health committee Vote

S8450B

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Bill Amendments

Original

C (Active)

Original

C (Active)

Co-Sponsors

S8450 - Details

See Assembly Version of this Bill:: A10500
Law Section:: Public Health Law
Laws Affected:: Add Art 21 Title 8 §§2180 - 2182, Pub Health L

S8450 - Summary

Provides for the confidentiality of contact tracing information from the identification of individuals who have come in contact with an individual with a confirmed or probable diagnosis of novel coronavirus, COVID-19.

S8450 - Sponsor Memo

 
BILL NUMBER: S8450

SPONSOR: RIVERA
 
TITLE OF BILL:

An act to amend the public health law, in relation to the confidentiali-
ty of contact tracing information

 
PURPOSE:

To ensure that information collected through contact tracing for COVID-
19 is kept confidential

 
SUMMARY OF PROVISIONS:

Section one of the bill would amend Article 21 of the public health law
by adding a new title 8 including a new section 2180 which sets forth
various definitions and a new section 2181which clarifies that any
information or reports secured during contact tracing for COVID-19 shall
be confidential and culturally appropriate. The bill clarifies that
information and reports shall not be accessible to law enforcement with-

out a court order and includes specific limited instances where it can
be disclosed. It also provides that to waive the confidentiality
protections a person must voluntarily disclose and consent in writing.

Section two of the bill provides an effective date.

 
JUSTIFICATION:

New York State began an aggressive contact tracing program in May 2020
as part of its effort to stop the spread of the COVID-19 virus and move
toward the reopening of regions of the state. The plan envisions an
"army" of contact tracers to help identify COVID-19 positive individ-
uals, who they have been in contact with, and isolate those who may have
been infected. Contact tracing has been conducted for decades to address
various communicable diseases, but never on this scale. It is estimated
that there will be 30 contact tracers per 100,000 individuals.

New York State has a long history of establishing confidentiality
protections for information gathered on people relative to contagious
diseases like HIV/AIDS and sexually transmitted diseases. Information
gathered through this new, massive COVID-19 contact tracing program must
also be protected.

At a joint legislative public hearing held May 18, 2020 entitled
"Exploring solutions to the disproportionate impact of COVID-19 on
minority communities," concerns were raised about the use and sharing of
information gathered through contact tracing. Communities of color have
been disproportionately impacted by the COVID-19 pandemic and have expe-
rienced many types and levels of racial disparities. They may be right-
fully reluctant to share sensitive and personal information with
contract tracers for fear that the information will be shared with other
government entities. As this information is key to stopping the spread
of this highly contagious virus, individuals must know that the informa-
tion they provide cannot be shared with law enforcement or be used in
other ways not associated with the purposes of safeguarding the public's
health without their voluntary disclosure and written consent.


This legislation preserves the confidentiality of information and
reports gathered through contact tracing and ensures such information
and reports are also culturally appropriate. It both protects all indi-
viduals involved in the effort and provides them with the confidence
that sharing information with a contact tracer cannot put them or their
loved ones in harm's way.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL:

None

 
EFFECTIVE DATE:
Immediately.

S8450 - Bill Text download pdf


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

                                  8450

                            I N  S E N A T E

                              June 3, 2020
                               ___________

Introduced  by  Sen.  RIVERA -- 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 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

S. 8450                             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.

Co-Sponsors

view additional co-sponsors

S8450A - Details

See Assembly Version of this Bill:: A10500
Law Section:: Public Health Law
Laws Affected:: Add Art 21 Title 8 §§2180 - 2182, Pub Health L

S8450A - Summary

S8450A - Sponsor Memo

 
BILL NUMBER: S8450A

SPONSOR: RIVERA
 
TITLE OF BILL:

An act to amend the public health law, in relation to the confidentiali-
ty of contact tracing information

 
PURPOSE:

To ensure that information collected through contact tracing for COVID-
19 is kept confidential Summary of Provisions:

Section one of the bill would amend Article 21 of the public health law
by adding a new title 8 including a new section 2180 which sets forth
various definitions and a new section 2181which clarifies that any
information or reports secured during contact tracing for COVID-19 shall
be confidential unless confidentiality is waived by the individual in a
written, informed and voluntary waiver; or is sufficiently de-identified
and only to be used for public health purposes.

Section two of the bill provides an effective date. Justification:  New

York State began an aggressive contact tracing program in May 2020 as
part of its effort to stop the spread of the COVID-19 virus and move
toward the reopening of regions of the state. The plan envisions an
"army" of contact tracers to help identify COVID-19 positive individ-
uals, who they have been in contact with, and isolate those who may have
been infected. Contact tracing has been conducted for decades to address
various communicable diseases, but never on this scale. It is estimated
that there will be 30 contact tracers per 100,000 individuals.

New York State has a long history of establishing confidentiality
protections for information gathered on people relative to contagious
diseases like HIV/AIDS and sexually transmitted diseases. Information
gathered through this new, massive COVID-19 contact tracing program must
also be protected.

At a joint legislative public hearing held May 18, 2020 entitled
"Exploring solutions to the disproportionate impact of COVID-19 on
minority communities," concerns were raised about the use and sharing of
information gathered through contact tracing. Communities of color have
been disproportionately impacted by the COVID-19 pandemic and have expe-
rienced many types and levels of racial disparities. They may be right-
fully reluctant to share sensitive and personal information with
contract tracers for fear that the information will be shared with other
government entities. As this information is key to stopping the spread
of this highly contagious virus, individuals must know that the informa-
tion they provide cannot be shared with law enforcement or be used in
other ways not associated with the purposes of safeguarding the public's
health without their voluntary disclosure and written consent.

This legislation preserves the confidentiality of information and
reports gathered through contact tracing It both protects all individ-
uals involved in the effort and provides them with the confidence that
sharing information with a contact tracer cannot put them or their loved
ones in harm's way.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL:

None

 
EFFECTIVE DATE:
Immediately.

S8450A - Bill Text download pdf


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

                                 8450--A

                            I N  S E N A T E

                              June 3, 2020
                               ___________

Introduced by Sens. RIVERA, GOUNARDES, JACKSON -- 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 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.

                                                           LBD16487-04-0

S. 8450--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

S. 8450--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.

Co-Sponsors

view additional co-sponsors

S8450B - Details

See Assembly Version of this Bill:: A10500
Law Section:: Public Health Law
Laws Affected:: Add Art 21 Title 8 §§2180 - 2182, Pub Health L

S8450B - Summary

S8450B - Sponsor Memo

 
BILL NUMBER: S8450b

SPONSOR: RIVERA
 
TITLE OF BILL:

An act to amend the public health law, in relation to the confidentiali-
ty of contact tracing information

 
PURPOSE:

To ensure that information collected through contact tracing for COVID19
is kept confidential Summary of Provisions:

Section one of the bill would amend Article 21 of the public health law
by adding a new title 8 including a new section 2180 which sets forth
various definitions and a new section 2181which clarifies that any
information or reports secured during contact tracing for COVID-19 shall
be confidential unless confidentiality is waived by the individual in a
written, informed and voluntary waiver; or is sufficiently de-identified
and only to be used for public health purposes.

Section two of the bill provides an effective date. Justification: New

York State began an aggressive contact tracing program in May 2020 as
part of its effort to stop the spread of the COVID-19 virus and move
toward the reopening of regions of the state. The plan envisions an
"army" of contact tracers to help identify COVID-19 positive individ-
uals, who they have been in contact with, and isolate those who may have
been infected. Contact tracing has been conducted for decades to address
various communicable diseases, but never on this scale. It is estimated
that there will be 30 contact tracers per 100,000 individuals.

New York State has a long history of establishing confidentiality
protections for information gathered on people relative to contagious
diseases like HIV/AIDS and sexually transmitted diseases. Information
gathered through this new, massive COVID-19 contact tracing program must
also be protected.

At a joint legislative public hearing held May 18, 2020 entitled
"Exploring solutions to the disproportionate impact of COVID-19 on
minority communities," concerns were raised about the use and sharing of
information gathered through contact tracing. Communities of color have
been disproportionately impacted by the COVID-19 pandemic and have expe-
rienced many types and levels of racial disparities. They may be right-
fully reluctant to share sensitive and personal information with
contract tracers for fear that the information will be shared with other
government entities. As this information is key to stopping the spread
of this highly contagious virus, individuals must know that the informa-
tion they provide cannot be shared with law enforcement or be used in
other ways not associated with the purposes of safeguarding the public's
health without their voluntary disclosure and written consent.

This legislation preserves the confidentiality of information and
reports gathered through contact tracing It both protects all individ-
uals involved in the effort and provides them with the confidence that
sharing information with a contact tracer cannot put them or their loved
ones in harm's way.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL:

None

 
EFFECTIVE DATE:
Immediately.

S8450B - Bill Text download pdf


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

                                 8450--B

                            I N  S E N A T E

                              June 3, 2020
                               ___________

Introduced   by   Sens.  RIVERA,  BAILEY,  BENJAMIN,  BIAGGI,  CARLUCCI,
  GOUNARDES, HOYLMAN, JACKSON, KRUEGER, LIU, MAY, MYRIE, PERSAUD, RAMOS,
  SALAZAR, SEPULVEDA,  SERRANO,  STAVISKY,  THOMAS  --  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 -- 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 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.
                                                           LBD16487-10-0

S. 8450--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

S. 8450--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.

Co-Sponsors

view additional co-sponsors

S8450C (ACTIVE) - Details

See Assembly Version of this Bill:: A10500
Law Section:: Public Health Law
Laws Affected:: Add Art 21 Title 8 §§2180 - 2182, Pub Health L

S8450C (ACTIVE) - Summary

S8450C (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S8450c                  Revised 7/21/2020

SPONSOR: RIVERA
 
TITLE OF BILL:

An act to amend the public health law, in relation to the confidentiali-
ty of contact tracing information

 
PURPOSE:

To ensure that information collected through contact tracing for COVID19
is kept confidential SUMMARY OF PROVISIONS:

Section one of the bill would amend Article 21 of the public health law
by adding a new title 8 including a new section 2180 which sets forth
various definitions and a new section 2181 which:

-Requires all contact tracing information be kept confidential and may
not be disclosed except as necessary to carry out contact tracing or a
permitted purpose (2181 (1) (a);

-Authorizes an individual to waive confidentiality in a written,

informed, and voluntary waiver in plain language understandable to the
individual (oral waiver in a limited case). If an individual lacks the
ability to make a waiver, an individual authorized to consent to health
care for the individual may make the waiver (2181 (2) (a);

-States that a waiver for providing support to an individual only
applies if the individual consents to the providing of the support

(2181) (2) (b). While 2181 (2) (b) does not, on its face, authorize
consent by another person for support services where the individual
lacks capacity, the legislative intent is that it does authorize such
consent. Otherwise it would create an irrational and unintended result
making it effectively impossible to provide consent to enable support
services for person who lacks capacity to consent.

-Authorizes disclosure, possession, or use of contact tracing informa-
tion that has been de-identified, for public health or public health
research purposes, including requiring technical safeguards against
re-identification (2181 (4) (a);

-Prohibits law enforcement agents or entities or immigration authorities
from participating in contact tracing (except acting as the principal
individual or contact individual) and prohibits contact tracers and
entities from providing contact tracing information to law enforcement
or immigration authorities except for permitted purposes (2181) (6). The
final sentence of subdivision 2181 (6) creates the plain language excep-
tion to the prohibition, for permitted purposes (as defined in 2180
(11,) and only relating to a specified principal individual or contact
individual and only to the extent necessary for such permitted purpose.

-Directs the Commissioner and New York City Commissioner of Health and
Mental Hygiene to make regulations on technical safeguards for data
storage, transmission, and use, that are at least as protective as apply
to other confidential information (2181) (7) (al; and

-Requires-non-governmental entities (such as private contractors hired
for contact tracing programs) to expunge or de-identify information in
their possession within 30 days of receiving it, and allows an addi-
tional 15 days if actively engaged in contact tracing using that infor-
mation and the individual consents j2181) (7) (J).

New York City uses a private company to house its contact tracing infor-
mation. The City says the information is fully encrypted, only accessi-
ble by the governmental contact tracing entity, and that the company has
no access to or control of the information. The company is not able to
deliver it to anyone. Only the governmental contact tracing entity can
do that. This is like property being in a sealed container in a bank
safe deposit box or a locked mini-storage space, where only the City has
the keys. Where this is in fact the case, it is clear, and is the legis-
lative intent, that this contact tracing information would not be
considered to be "possessed or controlled" by the non-governmental indi-
vidual or entity, for purposes of 2181 (7) (b). It would be "possessed
or controlled" by the governmental entity. It is important to note that
the bill requires the state and city health departments to adopt very
stringent regulations to secure all contact tracing information.

Section two of the bill provides an effective date.

 
JUSTIFICATION:

New York State began an aggressive contact tracing program in May 2020
as part of its effort to stop the spread of the COVID-I9 virus and move
toward the reopening of regions of the state. The plan envisions an
"army" of contact tracers to help identify COVID-19 positive individ-
uals, who they have been in contact with, and isolate those who may have
been infected. Contact tracing has been conducted for decades to address
various communicable diseases, but never on this scale. It is estimated
that there will be 30 contact tracers per 100,000 individuals.

Contact tracing is vital, but will not work unless people know that
their information will be kept confidential.

Under the bill, PHL Sec. 2181(1)(a) states: "All contact tracing infor-
mation . . . may not be disclosed except as necessary to carry out
contact tracing or a permitted purpose." Where contact tracing informa-
tion is disclosed for a particular purpose under the bill, the recipient
of the information is and must be bound by the terms under which it was
disclosed and may not "repurpose" the use or handling of the informa-
tion.  New York State has a long history of establishing confidentiality
protections for information gathered on people relative to contagious
diseases like HIV/AIDS and sexually transmitted diseases. Information
gathered through this new, massive COVID-19 contact tracing program must
also be protected.

At a joint legislative public hearing held May 18, 2020 entitled
"Exploring solutions to the disproportionate impact of COVID-19 on
minority communities," concerns were raised about the use and sharing of
information gathered through contact tracing. Communities of color have
been disproportionately impacted by the COVID-19 pandemic and have expe-
rienced many types and levels of racial disparities. They may be right-
fully reluctant to share sensitive and personal information with
contract tracers for fear that the information will be shared with other
government entities. As this information is key to stopping the spread
of this highly contagious virus, individuals must know that the informa-
tion they provide cannot be shared with law enforcement or be used in
other ways not associated with the purposes of safeguarding the public's
health without their voluntary disclosure and written consent.

This legislation preserves the confidentiality of information and
reports gathered through contact tracing. It both protects all individ-
uals involved in the effort and provides them with the confidence that
sharing information with a contact tracer cannot put them or their loved
ones in harm's way.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL:

None

 
EFFECTIVE DATE:
Immediately.

S8450C (ACTIVE) - Bill Text download pdf


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

                                 8450--C

                            I N  S E N A T E

                              June 3, 2020
                               ___________

Introduced  by Sens. RIVERA, BAILEY, BENJAMIN, BIAGGI, CARLUCCI, COMRIE,
  GIANARIS, GOUNARDES, HARCKHAM, HOYLMAN,  JACKSON,  KAMINSKY,  KENNEDY,
  KRUEGER,  LIU, MAY, MYRIE, PARKER, PERSAUD, RAMOS, SALAZAR, SEPULVEDA,
  SERRANO, STAVISKY, THOMAS -- 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  --  committee  discharged,  bill  amended,  ordered
  reprinted  as  amended  and recommitted to said committee -- 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 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.
                                                           LBD16487-14-0

S. 8450--C                          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. "SUPPORT"
MAY ALSO INCLUDE SUPPORT PROVIDED TO  OTHER  INDIVIDUALS  FOR  WHOM  THE
INDIVIDUAL COMMONLY PROVIDES THOSE RESOURCES OR SERVICES.
  11. "PERMITTED PURPOSE" MEANS:
  (A) DISCLOSURE TO APPROPRIATE HEALTH CARE PROVIDERS OR THEIR PERSONNEL
FOR  THE  PURPOSE  OF  THE  CLINICAL DIAGNOSIS, CARE OR TREATMENT OF THE
PRINCIPAL INDIVIDUAL OR CONTACT INDIVIDUAL WHO IS  THE  SUBJECT  OF  THE
INFORMATION,  WHERE AN EMERGENCY EXISTS AND THE INDIVIDUAL IS IN IMMEDI-
ATE NEED OF MEDICAL ATTENTION AND AN ATTEMPT  TO  SECURE  CONSENT  WOULD
RESULT  IN DELAY OF TREATMENT WHICH WOULD INCREASE THE RISK TO THE INDI-
VIDUAL'S LIFE OR HEALTH;
  (B) FACILITATING A LEGALLY-AUTHORIZED PUBLIC HEALTH-RELATED ACTION, IN
RELATION TO A SPECIFIED  PRINCIPAL  INDIVIDUAL  OR  CONTACT  INDIVIDUAL,
WHERE AND ONLY TO THE EXTENT NECESSARY TO PROTECT THE PUBLIC HEALTH; OR
  (C)  THE  INVESTIGATION,  PROSECUTION  OR  DEFENSE OF A CIVIL OR LEGAL
ACTION FOR A VIOLATION OF THIS TITLE; PROVIDED THAT IF THE USE IS INITI-
ATED BY A PARTY OTHER THAN THE PRINCIPAL INDIVIDUAL OR CONTACT  INDIVID-
UAL  WHO IS THE SUBJECT OF THE CONTACT TRACING INFORMATION, THE INFORMA-
TION MUST BE HIGHLY MATERIAL AND RELEVANT FOR THE PURPOSE.
  § 2181. COVID-19 CONTACT TRACING; CONFIDENTIALITY. 1.  (A) 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 OR A PERMITTED PURPOSE.

S. 8450--C                          3

  (B) WHERE A CONTACT TRACER OR CONTACT TRACING ENTITY DISCLOSES CONTACT
TRACING  INFORMATION  FOR  A  PERMITTED  PURPOSE,  THE CONTACT TRACER OR
CONTACT TRACING ENTITY SHALL MAKE A RECORD OF THE DISCLOSURE,  INCLUDING
TO WHOM IT WAS MADE, WHICH SHALL BE PART OF THE CONTACT TRACING INFORMA-
TION.
  2.  (A)  AN  INDIVIDUAL  MAY WAIVE THE CONFIDENTIALITY PROVIDED FOR BY
THIS SECTION, ONLY 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
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,
POSSESSION  OR  USE  OF CONTACT TRACING INFORMATION, INCLUDING AGGREGATE
CONTACT  TRACING  INFORMATION,  THAT   IS   DE-IDENTIFIED.   DISCLOSURE,
POSSESSION  OR  USE  UNDER  THIS  SUBDIVISION SHALL ONLY BE FOR A PUBLIC
HEALTH OR PUBLIC HEALTH RESEARCH PURPOSE.
  (B) A PERSON OR ENTITY MAY ONLY POSSESS OR USE  DE-IDENTIFIED  CONTACT
TRACING  INFORMATION  IF  THE PERSON OR ENTITY MAINTAINS TECHNICAL SAFE-
GUARDS AND  POLICIES  AND  PROCEDURES  THAT  PREVENT  RE-IDENTIFICATION,
WHETHER  INTENTIONAL  OR  UNINTENTIONAL,  OF  ANY  INDIVIDUAL, AS MAY BE
REQUIRED 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).  THE COMMISSIONER (OR THE NEW YORK  CITY  COMMISSIONER  AS
THE CASE MAY BE) SHALL REQUIRE SAFEGUARDS, POLICIES AND PROCEDURES UNDER
THIS PARAGRAPH AS THE COMMISSIONER DEEMS PRACTICABLE.
  (C)  DISCLOSURE,  POSSESSION  AND USE OF DE-IDENTIFIED CONTACT TRACING
INFORMATION 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,  POSSESSION  AND  USE  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-

S. 8450--C                          4

ING.  THIS SUBDIVISION DOES NOT BAR AN INDIVIDUAL WHO IS ASSOCIATED WITH
A LAW ENFORCEMENT ENTITY OR IMMIGRATION AUTHORITY FROM ACTING ONLY AS  A
PRINCIPAL INDIVIDUAL OR CONTACT INDIVIDUAL.
  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. HOWEVER, THIS SUBDIVISION DOES NOT RESTRICT PROVIDING INFOR-
MATION, RELATING TO A SPECIFIED PRINCIPAL INDIVIDUAL OR CONTACT INDIVID-
UAL, WHERE AND ONLY TO THE EXTENT NECESSARY FOR A PERMITTED PURPOSE.
  7. (A) 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)
SHALL MAKE REGULATIONS  TO  REQUIRE  THAT  CONTACT  TRACING  INFORMATION
POSSESSED,  USED  OR  UNDER  THE  CONTROL OF A CONTACT TRACER OR CONTACT
TRACING ENTITY SHALL BE SUBJECT TO TECHNICAL SAFEGUARDS AND POLICIES AND
PROCEDURES FOR STORAGE, TRANSMISSION, USE AND PROTECTION OF THE INFORMA-
TION.  THE REGULATIONS SHALL PREVENT POSSESSION, USE  OR  DISCLOSURE  OF
THE  CONTACT  TRACING INFORMATION NOT PERMITTED BY THIS TITLE, AND SHALL
BE AT LEAST AS OR MORE PROTECTIVE  THAN  THE  SAFEGUARDS,  POLICIES  AND
PROCEDURES  THE  COMMISSIONER  (OR THE NEW YORK CITY COMMISSIONER AS THE
CASE MAY BE) PROVIDES FOR OTHER CONFIDENTIAL INFORMATION.
  (B) THIS  PARAGRAPH  APPLIES  WHERE  CONTACT  TRACING  INFORMATION  IS
POSSESSED  OR  CONTROLLED  BY A CONTACT TRACER OR CONTACT TRACING ENTITY
THAT IS A NON-GOVERNMENTAL INDIVIDUAL OR ENTITY  EMPLOYED  BY  OR  UNDER
CONTRACT WITH A GOVERNMENTAL ENTITY, OR AN AGENT THEREOF.  WITHIN THIRTY
DAYS  OF  COLLECTING  OR  RECEIVING THE CONTACT TRACING INFORMATION, THE
NON-GOVERNMENTAL INDIVIDUAL OR ENTITY SHALL (I) REMOVE INFORMATION  FROM
ITS POSSESSION OR CONTROL AND DELIVER IT TO THE APPROPRIATE GOVERNMENTAL
CONTACT TRACING ENTITY, RETAINING NO COPY OF IT; (II) EXPUNGE THE INFOR-
MATION FROM ITS POSSESSION OR CONTROL; OR (III) DE-IDENTIFY THE INFORMA-
TION.    HOWEVER,  THE  EXPUNGEMENT  OR  DE-IDENTIFICATION OF PARTICULAR
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.  THE DISCLOSURE, POSSESSION AND USE OF THE  DE-IDENTI-
FIED CONTACT TRACING INFORMATION SHALL BE SUBJECT TO SUBDIVISION FOUR OF
THIS SECTION.
  §  2182.  REGULATIONS.  THE COMMISSIONER SHALL MAKE REGULATIONS IMPLE-
MENTING THIS TITLE.
  § 2. This act shall take effect immediately.

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The New York State Senate

senate Bill S8450C

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Archive: Last Bill Status Via A10500 - Signed by Governor

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Votes

Jul 23, 2020 - floor Vote

Floor Vote: Jul 23, 2020

Jul 22, 2020 - Rules committee Vote

Rules Committee Vote: Jul 22, 2020

Jul 20, 2020 - Health committee Vote

Committee Vote: Jul 20, 2020

Bill Amendments

Co-Sponsors

S8450 - Details

S8450 - Summary

S8450 - Sponsor Memo

S8450 - Bill Text download pdf

Co-Sponsors

S8450A - Details

S8450A - Summary

S8450A - Sponsor Memo

S8450A - Bill Text download pdf

Co-Sponsors

S8450B - Details

S8450B - Summary

S8450B - Sponsor Memo

S8450B - Bill Text download pdf

Co-Sponsors

S8450C (ACTIVE) - Details

S8450C (ACTIVE) - Summary

S8450C (ACTIVE) - Sponsor Memo

S8450C (ACTIVE) - Bill Text download pdf

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senate Bill S8450C

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Sponsored By

Archive: Last Bill Status Via A10500 - Signed by Governor

Your Voice

Actions

Votes

Jul 23, 2020 - floor Vote

Floor Vote: Jul 23, 2020

Jul 22, 2020 - Rules committee Vote

Rules Committee Vote: Jul 22, 2020

Jul 20, 2020 - Health committee Vote

Committee Vote: Jul 20, 2020

Bill Amendments

Co-Sponsors

S8450 - Details

S8450 - Summary

S8450 - Sponsor Memo

S8450 - Bill Text download pdf

Co-Sponsors

S8450A - Details

S8450A - Summary

S8450A - Sponsor Memo

S8450A - Bill Text download pdf

Co-Sponsors

S8450B - Details

S8450B - Summary

S8450B - Sponsor Memo

S8450B - Bill Text download pdf

Co-Sponsors

S8450C (ACTIVE) - Details

S8450C (ACTIVE) - Summary

S8450C (ACTIVE) - Sponsor Memo

S8450C (ACTIVE) - Bill Text download pdf

Comments