Senate Bill S5476

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5476
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               March 8, 2021
                                ___________
 
 Introduced by Sen. GOUNARDES -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 AN  ACT  to amend the executive law, in relation to creating a statewide
   database for unidentified living persons
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. The executive law is amended by adding a new section 837-w
 to read as follows:
   § 837-W. STATEWIDE DATABASE FOR UNIDENTIFIED LIVING PERSONS. 1.  THERE
 IS HEREBY ESTABLISHED WITHIN  THE  DIVISION  A  STATEWIDE  DATABASE  FOR
 UNIDENTIFIED  LIVING  PERSONS  (THE  "DATABASE") TO PROVIDE PROTOCOLS TO
 ASSIST HOSPITALS IN IDENTIFYING UNIDENTIFIED PATIENTS AND TO  PROVIDE  A
 STANDARDIZED PROCESS OF REACTING TO REQUESTS FOR INFORMATION FROM POLICE
 AND FAMILY MEMBERS OF MISSING PERSONS.
   2.  FOR THE PURPOSES OF THIS SECTION AN "UNIDENTIFIED PATIENT" MEANS A
 PERSON WHO IS BROUGHT TO THE  EMERGENCY  DEPARTMENT  OF  A  HOSPITAL  OR
 OTHERWISE  ADMITTED  TO A HOSPITAL WITHOUT ANY IDENTIFICATION AND IS NOT
 ABLE TO SELF-IDENTIFY OR IS UNKNOWN TO HOSPITAL STAFF OR THE  PERSON  OR
 PERSON WHO DELIVERED OR ACCOMPANIED THE PATIENT TO THE HOSPITAL.
   3.  (A) WHERE A HOSPITAL IS UNABLE TO IDENTIFY A PATIENT, THE HOSPITAL
 STAFF SHALL COLLECT THE IDENTIFYING INFORMATION SET FORTH IN THIS SUBDI-
 VISION AND TRANSMIT SUCH INFORMATION TO THE DIVISION  TO  LOG  INTO  THE
 DATABASE.
   (B)  IDENTIFYING  INFORMATION  SHALL INCLUDE, BUT SHALL NOT BE LIMITED
 TO:
   (I) PHOTOGRAPHS OF THE UNIDENTIFIED INDIVIDUAL;
   (II) THE LOCATION OF THE HOSPITAL WHERE THE  INDIVIDUAL  WAS  BROUGHT;
 AND
   (III)  INFORMATION  ALLOWED  BY  THE  HEALTH INSURANCE PORTABILITY AND
 ACCOUNTABILITY ACT OF 1996 (45CFR § 164.501 ET SEQ.) FOR  IDENTIFICATION
 PURPOSES INCLUDING:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD10041-01-1

 S. 5476                             2
 
   (A) BLOOD TYPE;
   (B) TYPE OF INJURY;
   (C) DATE AND TIME OF TREATMENT; AND
   (D)  DESCRIPTION  OF  DISTINGUISHING  PHYSICAL  CHARACTERISTICS  (SEX,
 HEIGHT/WEIGHT, HAIR/SKIN/EYE COLOR, TATTOOS, SCARS, ETC.).
   4. (A) THE DIVISION SHALL LOG ANY  IDENTIFYING  INFORMATION  INTO  THE
 DATABASE  CREATED  BY THIS SECTION AND SHALL COMPARE SUCH INFORMATION TO
 THE STATE AND NATIONAL MISSING PERSON DATABASES INCLUDING THOSE  CREATED
 BY  SECTIONS  EIGHT HUNDRED THIRTY-SEVEN-E, EIGHT HUNDRED THIRTY-SEVEN-F
 AND EIGHT HUNDRED THIRTY-SEVEN-F-1 OF  THIS  ARTICLE  AND  THE  NATIONAL
 MISSING AND UNIDENTIFIED PERSONS SYSTEM CREATED BY THE OFFICE OF JUSTICE
 PROGRAMS' NATIONAL INSTITUTE OF JUSTICE. THE DIVISION SHALL NOTIFY LOCAL
 LAW ENFORCEMENT OF POTENTIAL MATCHES OF UNIDENTIFIED PATIENTS WITH MISS-
 ING PERSONS IN SUCH DATABASES.
   (B)  EACH HOSPITAL SHALL DESIGNATE SPECIFIC HOSPITAL STAFF MEMBERS WHO
 SHALL HAVE ACCESS TO THE DATABASE AND WHO SHALL BE AUTHORIZED TO PROVIDE
 INFORMATION TO LAW ENFORCEMENT OR FAMILY MEMBERS WHO INQUIRE REGARDING A
 MISSING PERSON. SUCH PERSON SHALL ALSO  BE  RESPONSIBLE  FOR  MONITORING
 INCOMING  REQUESTS AND REPORTS REGARDING MISSING PERSONS. THE DESIGNATED
 STAFF MEMBER SHALL ADHERE TO  PROTOCOLS  ADOPTED  BY  THE  HOSPITAL  FOR
 PROVIDING  INFORMATION  TO LAW ENFORCEMENT OR FAMILY MEMBERS TO IDENTIFY
 PATIENTS, INCLUDING CONFORMING TO HIPAA AND OTHER PRIVACY AND  CONFIDEN-
 TIALITY LAWS.
   § 2. This act shall take effect immediately.