NY State Senate Bill S6541

Current Bill Status - In Senate Committee Finance Committee

Introduced
In Committee
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- Passed Senate
- Passed Assembly
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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 19, 2021	reported and committed to finance
May 05, 2021	referred to health

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May 19, 2021 - Health committee Vote

S6541

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S6541 (ACTIVE) - Details

See Assembly Version of this Bill:: A7326
Current Committee:: Senate Finance
Law Section:: Public Health Law
Laws Affected:: Amd §§2168 & 2180, add §§2169 & 2183, Pub Health L

S6541 (ACTIVE) - Summary

Restricts vaccine registry information from discovery and other process; requires the commissioner of health and the New York City commissioner of health and mental hygiene to develop regulations to protect patient vaccine information from disclosure.

S6541 (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S6541

SPONSOR: RIVERA
 
TITLE OF BILL:

An act to amend the public health law, in relation to protecting the
confidentiality of vaccine information

 
PURPOSE OR GENERAL IDEA OF BILL:

To strengthen the confidentiality protections on personal information
related to vaccines.

 
SUMMARY OF PROVISIONS:

Section 1 amends Public Health Law § 2168 (4) (d) to provide that infor-
mation in the New York State Immunization Information System (NYSIIS)
and the New York Citywide Immunization Registry (OR) are not subject to
discovery, subpoena, warrant, or other means of legal compulsion for
release or admissible in any civil, administrative, criminal, or family
court proceeding.

§ 2 amends PHL 2168 (11) to require every effort to be made to keep
disclosure of personal identifying information from such registries
limited.

§ 3 adds a new subdivision 11-a to PHL § 2168 to state that State or
City commissioners may only share registry information with the CDC for
public health purposes and with no individually identifying information.

§ 4 creates a new PHL § 2169 on vaccine confidentiality. The new section
limits what vaccine navigators and providers can use personal informa-
tion for, and it allows them to request consent to use the information
for other purposes. It requires these entities to adhere to security
standards, and prohibits the use of the information collected from being
used to criminalize or deport an individual. The language also clarifies
that nothing in this new section will interfere with existing provider-
client, provider-patient, or familial relationships.

§ 5 amends PHL § 2180 by adding new subdivisions to define terms.

§ 6 creates a new PHL § 2183 on immunity passports. The new section
requires that providers of immunity passports, which are limited to
COVID-19, only collect the minimal amount of information required to
verify an individual's vaccine or test status, and that they delete this
information within 24 hours. It requires that any governmental entity or
public accommodation that requires proof of immunization accept physical
immunity passports, not just digital ones. It prohibits covered entities
and immunity passport providers from sharing a passport-holder's
personal information with law enforcement or in judicial proceedings,
and ensures that it cannot be used to criminalize or deport someone. It
requires the Department of Health to make regulations protecting access
to covered entities by those who are medically contraindicated from
receiving the COVID-19 vaccine, and it states that nothing in the
section shall be construed to limit a covered entity's obligations under
the Americans with Disabilities Act or any other antidiscrimination law.

§ 7 is a severability clause.

§ 8 is the immediate effective date.

 
JUSTIFICATION:

As more New Yorkers receive the COVID-19 vaccine, it is crucial to make
sure the State and other entities that process sensitive information
about people's immunization status are protecting that data and only
using it for public health purposes. This bill strengthens the confiden-
tiality protections in the existing law on the New York State Immuniza-
tion Information System (NYSIIS) and New York Citywide Immunization
Registry (CIR), and adds in new protections for data collected by
vaccine navigators and immunity passport providers.

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, and last year
we implemented confidentiality protections for the COVID-19 contact
tracing initiative. Information gathered on immunizations must also be
protected, especially as proof of immunization becomes a prerequisite
for entry to anything from sporting events to airplanes.

Before immunization passports become too ubiquitous, the state needs to
ensure that they are accessible to everyone by requiring that non-elec-
tronic versions be available and accepted, that only the minimum infor-
mation required to provide a vaccination or verify immunization status
be collected, and that no personal data be used for purposes other than
safeguarding individual and public health.  The State needs to make sure
that its efforts to promote vaccination and safely reopen the economy
don't disproportionately hurt those who have already suffered the most
during the COVID-19 pandemic. Fear of information being used to crimi-
nalize or deport a person, or take their children away, will cause some
people to avoid the vaccination and immunization passport efforts, and
could eventually inhibit their free movement in their communities. If
the State implements clear legal safeguards, however, more people will
feel comfortable engaging with these important public health initi-
atives.

This legislation preserves the confidentiality of information gathered
throughout the vaccination process. It protects individuals and provides
them with the confidence that sharing information with a vaccine provid-
er, vaccine navigator, or immunity passport provider will not put them
or their loved ones in harm's way.

 
PRIOR LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

S6541 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6541
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                May 5, 2021
                                ___________
 
 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  protecting  the
   confidentiality of vaccine information
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (d) of subdivision  4  of  section  2168  of  the
 public  health  law, as amended by section 7 of part A chapter 58 of the
 laws of 2009, is amended to read as follows:
   (d) [A person, institution or agency to whom such immunization  infor-
 mation  is  furnished  or  to whom, access to records or information has
 been given, shall not divulge any part thereof so  as  to  disclose  the
 identity  of  such  person  to  whom such information or record relates,
 except insofar as such disclosure is necessary for the best interests of
 the person or other  persons,  consistent  with  the  purposes  of  this
 section]  REGISTRY INFORMATION IS NOT  (I) SUBJECT TO DISCOVERY, SUBPOE-
 NA, WARRANT, OR OTHER MEANS OF  LEGAL  COMPULSION  FOR  RELEASE  TO  ANY
 PERSON OR ENTITY OR (II) ADMISSIBLE IN ANY CIVIL, ADMINISTRATIVE, CRIMI-
 NAL, OR FAMILY COURT PROCEEDING.
   §  2.  Subdivision  11  of  section  2168 of the public health law, as
 amended by chapter 154 of the laws  of  2013,  is  amended  to  read  as
 follows:
   11.  The commissioner, or in the city of New York, the commissioner of
 the department of health and  mental  hygiene,  may  provide  registrant
 specific  immunization  and  lead  test  records  to other state or city
 registries and registries maintained by the Indian  Health  Service  and
 tribal  nations recognized by the state or the United States pursuant to
 a written  agreement  requiring  that  the  other  registry  conform  to
 national  standards  for  maintaining the integrity of the data and will
 [not] ONLY be used  for  purposes  [inconsistent]  CONSISTENT  with  the
 provisions  of this section AND PROVIDED THAT EVERY EFFORT SHALL BE MADE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD11016-01-1

 S. 6541                             2
 
 TO LIMIT DISCLOSURE OF PERSONAL IDENTIFYING INFORMATION TO  THE  MINIMUM
 AMOUNT NECESSARY TO ACCOMPLISH THE PROVISIONS OF THIS SECTION.
   §  3. Section 2168 of the public health law is amended by adding a new
 subdivision 11-a to read as follows:
   11-A. THE COMMISSIONER, OR IN THE CITY OF NEW YORK,  THE  COMMISSIONER
 OF  THE DEPARTMENT OF HEALTH AND MENTAL HYGIENE, MAY ONLY SHARE REGISTRY
 INFORMATION WITH THE FEDERAL CENTERS FOR DISEASE CONTROL AND PREVENTION,
 OR SUCCESSOR AGENCY, FOR PUBLIC HEALTH PURPOSES IN SUMMARY, STATISTICAL,
 AGGREGATE, OR OTHER FORM SUCH THAT NO INDIVIDUAL PERSON CAN  BE  IDENTI-
 FIED.
   §  4. The public health law is amended by adding a new section 2169 to
 read as follows:
   § 2169. VACCINE CONFIDENTIALITY. 1. AS USED IN  THIS  SECTION,  UNLESS
 CONTEXT REQUIRES OTHERWISE:
   (A)  THE  TERM "INDIVIDUAL" SHALL MEAN A NATURAL PERSON WHOM A VACCINE
 NAVIGATOR OR VACCINE PROVIDER KNOWS OR HAS REASON TO KNOW IS LOCATED  IN
 NEW YORK STATE.
   (B)  THE  TERM  "IMMIGRATION  AUTHORITY"  MEANS  ANY  ENTITY, OFFICER,
 EMPLOYEE, OR GOVERNMENT  EMPLOYEE  OR  AGENT  THEREOF  CHARGED  WITH  OR
 ENGAGED  IN  ENFORCEMENT OF THE FEDERAL IMMIGRATION AND NATIONALITY ACT,
 INCLUDING THE UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT,  UNITED
 STATES  DEPARTMENT  OF  HOMELAND  SECURITY, OR UNITED STATES CUSTOMS AND
 BORDER PROTECTION, OR AGENT, CONTRACTOR, OR  EMPLOYEE  THEREOF,  OR  ANY
 SUCCESSOR LEGISLATION OR ENTITY.
   (C)  THE TERM "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 DEPARTMENT, 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.
   (D)  THE  TERM  "PERSONAL  INFORMATION"  SHALL  MEAN  INFORMATION THAT
 DIRECTLY OR INDIRECTLY IDENTIFIES, RELATES TO, DESCRIBES, IS CAPABLE  OF
 BEING  ASSOCIATED  WITH,  OR  COULD REASONABLY BE LINKED TO A PARTICULAR
 INDIVIDUAL, HOUSEHOLD, OR PERSONAL DEVICE.   INFORMATION  IS  REASONABLY
 LINKABLE  TO  AN  INDIVIDUAL, HOUSEHOLD, OR PERSONAL DEVICE IF IT CAN BE
 USED ON ITS OWN OR IN COMBINATION WITH OTHER REASONABLY AVAILABLE INFOR-
 MATION, REGARDLESS OF WHETHER SUCH OTHER  INFORMATION  IS  HELD  BY  THE
 VACCINE NAVIGATOR OR VACCINE PROVIDER, TO IDENTIFY AN INDIVIDUAL, HOUSE-
 HOLD, OR A PERSONAL DEVICE.
   (E)  THE  TERM  "PROCESS"  SHALL  MEAN  ANY  ACTION  OR SET OF ACTIONS
 PERFORMED ON OR WITH PERSONAL INFORMATION, INCLUDING BUT NOT LIMITED  TO
 COLLECTION,  ACCESS,  USE,  RETENTION,  SHARING,  MONETIZING,  ANALYSIS,
 CREATION, GENERATION,  DERIVATION,  DECISION-MAKING,  RECORDING,  ALTER-
 ATION,  ORGANIZATION,  STRUCTURING,  STORAGE,  DISCLOSURE, TRANSMISSION,
 SALE, LICENSING, DISPOSAL, DESTRUCTION, DE-IDENTIFYING, OR OTHER  HANDL-
 ING OF PERSONAL INFORMATION.
   (F)  THE  TERM "VACCINE NAVIGATOR" SHALL MEAN ANY PERSON THAT COLLECTS
 PERSONAL INFORMATION FROM AN INDIVIDUAL IN ORDER TO REGISTER THAT  INDI-
 VIDUAL  FOR IMMUNIZATION OR TO HELP THAT INDIVIDUAL REGISTER FOR IMMUNI-
 ZATION.
   (G)  THE TERM "VACCINE PROVIDER" SHALL MEAN ANY PERSON  AUTHORIZED  BY
 LAW TO ADMINISTER AN IMMUNIZATION.

 S. 6541                             3
 
   2. (A) ABSENT FREELY GIVEN, SPECIFIC, INFORMED, AND UNAMBIGUOUS OPT-IN
 CONSENT  FROM  THE INDIVIDUAL SEEKING IMMUNIZATION, OR IF THE INDIVIDUAL
 LACKS THE CAPACITY TO MAKE HEALTH CARE DECISIONS, AN INDIVIDUAL  AUTHOR-
 IZED  TO  CONSENT  TO HEALTH CARE FOR THE INDIVIDUAL OR THE INDIVIDUAL'S
 LEGAL  REPRESENTATIVE,  A  VACCINE  NAVIGATOR SHALL NOT PROCESS PERSONAL
 INFORMATION BEYOND WHAT IS ADEQUATE, RELEVANT, AND NECESSARY TO SCHEDULE
 AN IMMUNIZATION APPOINTMENT, SEND ANY APPROPRIATE REMINDERS ABOUT EXIST-
 ING IMMUNIZATION APPOINTMENTS OR NECESSARY BOOSTER IMMUNIZATION APPOINT-
 MENTS, OR ARRANGE TRANSPORTATION TO A VACCINE PROVIDER.
   (B) ABSENT FREELY GIVEN, SPECIFIC, INFORMED,  AND  UNAMBIGUOUS  OPT-IN
 CONSENT  FROM  THE INDIVIDUAL SEEKING IMMUNIZATION, OR IF THE INDIVIDUAL
 LACKS THE CAPACITY TO MAKE HEALTH CARE DECISIONS, AN INDIVIDUAL  AUTHOR-
 IZED  TO  CONSENT  TO HEALTH CARE FOR THE INDIVIDUAL OR THE INDIVIDUAL'S
 LEGAL REPRESENTATIVE, A VACCINE  PROVIDER  SHALL  NOT  PROCESS  PERSONAL
 INFORMATION  OUTSIDE  OF  A  MEDICAL  RECORD PROTECTED UNDER THE FEDERAL
 HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996, ITS  IMPLE-
 MENTING  REGULATIONS,  OR  SECTION  EIGHTEEN OF THIS CHAPTER OR A RECORD
 INCLUDED IN THE STATEWIDE IMMUNIZATION INFORMATION SYSTEM, OR THE  CITY-
 WIDE  IMMUNIZATION  REGISTRY  IN  THE  CITY  OF NEW YORK, BEYOND WHAT IS
 ADEQUATE, RELEVANT, AND NECESSARY TO SCHEDULE AN  IMMUNIZATION  APPOINT-
 MENT,   SEND  ANY  APPROPRIATE  REMINDERS  ABOUT  EXISTING  IMMUNIZATION
 APPOINTMENTS OR NECESSARY BOOSTER IMMUNIZATION APPOINTMENTS, OR  ARRANGE
 TRANSPORTATION TO A VACCINE PROVIDER.
   (C)  A VACCINE NAVIGATOR OR VACCINE PROVIDER MAY REQUEST FREELY GIVEN,
 SPECIFIC, INFORMED, AND UNAMBIGUOUS OPT-IN CONSENT FROM  AN  INDIVIDUAL,
 OR  IF  THE INDIVIDUAL LACKS THE CAPACITY TO MAKE HEALTH CARE DECISIONS,
 AN INDIVIDUAL AUTHORIZED TO CONSENT TO HEALTH CARE FOR THE INDIVIDUAL OR
 THE INDIVIDUAL'S  LEGAL  REPRESENTATIVE,  TO  PROCESS  THE  INDIVIDUAL'S
 PERSONAL  INFORMATION FOR PURPOSES OTHER THAN SCHEDULING AN IMMUNIZATION
 APPOINTMENT, SENDING ANY APPROPRIATE REMINDERS ABOUT EXISTING  IMMUNIZA-
 TION  APPOINTMENTS  OR  NECESSARY  BOOSTER IMMUNIZATION APPOINTMENTS, OR
 ARRANGING TRANSPORTATION TO A VACCINE PROVIDER PROVIDED THAT:
   (I) A VACCINE NAVIGATOR OR VACCINE PROVIDER SHALL NOT REFUSE TO SCHED-
 ULE AN IMMUNIZATION APPOINTMENT, SEND ANY  APPROPRIATE  REMINDERS  ABOUT
 EXISTING  IMMUNIZATION  APPOINTMENTS  OR  NECESSARY BOOSTER IMMUNIZATION
 APPOINTMENTS, OR ARRANGE TRANSPORTATION TO A  VACCINE  PROVIDER  FOR  AN
 INDIVIDUAL  WHO  DOES  NOT APPROVE OF THE PROCESSING OF THE INDIVIDUAL'S
 PERSONAL INFORMATION BEYOND WHAT IS NECESSARY TO SCHEDULE  AN  IMMUNIZA-
 TION  APPOINTMENT, SEND ANY APPROPRIATE REMINDERS ABOUT EXISTING IMMUNI-
 ZATION APPOINTMENTS OR NECESSARY BOOSTER IMMUNIZATION  APPOINTMENTS,  OR
 ARRANGE TRANSPORTATION TO A VACCINE PROVIDER;
   (II)  A  VACCINE  NAVIGATOR  OR  VACCINE PROVIDER SHALL NOT RELATE THE
 PRICE OR QUALITY OF SCHEDULING AN IMMUNIZATION APPOINTMENT, SENDING  ANY
 APPROPRIATE REMINDERS ABOUT EXISTING IMMUNIZATION APPOINTMENTS OR NECES-
 SARY BOOSTER IMMUNIZATION APPOINTMENTS, OR ARRANGING TRANSPORTATION TO A
 VACCINE  PROVIDER  TO  THE  PRIVACY PROTECTIONS AFFORDED THE INDIVIDUAL,
 INCLUDING BY PROVIDING A DISCOUNT OR OTHER INCENTIVE IN EXCHANGE FOR THE
 OPT-IN CONSENT OF THE INDIVIDUAL TO ADDITIONAL PROCESSING OF  THE  INDI-
 VIDUAL'S PERSONAL INFORMATION; AND
   (III)  A VACCINE NAVIGATOR OR VACCINE PROVIDER SHALL CLEARLY DELINEATE
 WHAT PERSONAL INFORMATION IS ADEQUATE, RELEVANT, AND NECESSARY TO SCHED-
 ULE AN IMMUNIZATION APPOINTMENT, SEND ANY  APPROPRIATE  REMINDERS  ABOUT
 EXISTING  IMMUNIZATION  APPOINTMENTS  OR  NECESSARY BOOSTER IMMUNIZATION
 APPOINTMENTS, OR ARRANGE TRANSPORTATION TO A VACCINE PROVIDER BY CLEARLY
 AND CONSPICUOUSLY INDICATING THAT ALL OTHER REQUESTS FOR PERSONAL INFOR-
 MATION ARE OPTIONAL.

 S. 6541                             4
 
   (D) NO VACCINE NAVIGATOR OR  VACCINE  PROVIDER  MAY  PROVIDE  PERSONAL
 INFORMATION  OR OTHERWISE MAKE PERSONAL INFORMATION ACCESSIBLE, DIRECTLY
 OR INDIRECTLY, TO A LAW  ENFORCEMENT  AGENT  OR  ENTITY  OR  IMMIGRATION
 AUTHORITY  UNDER  ANY  CIRCUMSTANCES.  NO  VACCINE  NAVIGATOR OR VACCINE
 PROVIDER  MAY  PROVIDE  PERSONAL  INFORMATION OR OTHERWISE MAKE PERSONAL
 INFORMATION ACCESSIBLE, DIRECTLY OR INDIRECTLY, TO ANY OTHER  INDIVIDUAL
 OR  ENTITY,  EXCEPT  AS  EXPLICITLY  AUTHORIZED  BY  THIS TITLE. WITHOUT
 CONSENT UNDER THIS SUBDIVISION, PERSONAL INFORMATION  AND  ANY  EVIDENCE
 DERIVED THEREFROM SHALL NOT BE SUBJECT TO OR PROVIDED IN RESPONSE TO ANY
 LEGAL PROCESS OR BE ADMISSIBLE FOR ANY PURPOSE IN ANY JUDICIAL OR ADMIN-
 ISTRATIVE ACTION OR PROCEEDING.
   (E)  A  VACCINE  NAVIGATOR  THAT  MAINTAINS PERSONAL INFORMATION SHALL
 ESTABLISH APPROPRIATE  ADMINISTRATIVE,  TECHNICAL,  AND  PHYSICAL  SAFE-
 GUARDS,  POLICIES,  AND  PROCEDURES  THAT  ENSURE  THE  SECURITY OF THAT
 PERSONAL INFORMATION. THE  SAFEGUARDS,  POLICIES,  AND  PROCEDURES  MUST
 ENSURE  THAT PERSONAL INFORMATION IS ENCRYPTED AND PROTECTED AT LEAST AS
 MUCH AS OR MORE THAN  OTHER  CONFIDENTIAL  INFORMATION  IN  THE  VACCINE
 NAVIGATOR'S  POSSESSION.  THE  COMMISSIONER OR, IN THE CITY OF NEW YORK,
 THE COMMISSIONER OF THE DEPARTMENT OF HEALTH AND  MENTAL  HYGIENE  SHALL
 MAKE REGULATIONS AS REASONABLY NECESSARY TO REQUIRE THAT PERSONAL INFOR-
 MATION  POSSESSED,  USED,  OR  UNDER  THE CONTROL OF A VACCINE NAVIGATOR
 SHALL BE SUBJECT TO TECHNICAL SAFEGUARDS, POLICIES, AND  PROCEDURES  FOR
 STORAGE, TRANSMISSION, USE, AND PROTECTION OF THE INFORMATION. THE REGU-
 LATIONS  SHALL  BE  AT  LEAST AS OR MORE PROTECTIVE THAN THE SAFEGUARDS,
 POLICIES, AND PROCEDURES THE COMMISSIONER, OR IN THE CITY OF  NEW  YORK,
 THE COMMISSIONER OF HEALTH AND MENTAL HYGIENE, PROVIDES FOR OTHER CONFI-
 DENTIAL INFORMATION.
   (F)  A VACCINE PROVIDER THAT MAINTAINS PERSONAL INFORMATION OUTSIDE OF
 A MEDICAL RECORD PROTECTED UNDER THE FEDERAL HEALTH INSURANCE  PORTABIL-
 ITY  AND  ACCOUNTABILITY  ACT  OF 1996, ITS IMPLEMENTING REGULATIONS, OR
 SECTION EIGHTEEN OF THIS CHAPTER OR A RECORD INCLUDED IN  THE  STATEWIDE
 IMMUNIZATION INFORMATION SYSTEM OR THE CITYWIDE IMMUNIZATION REGISTRY IN
 THE  CITY OF NEW YORK, SHALL ESTABLISH APPROPRIATE ADMINISTRATIVE, TECH-
 NICAL, AND PHYSICAL SAFEGUARDS, POLICIES, AND PROCEDURES THAT ENSURE THE
 SECURITY  OF  THAT  PERSONAL  INFORMATION. THE SAFEGUARDS, POLICIES, AND
 PROCEDURES MUST  ENSURE  THAT  PERSONAL  INFORMATION  IS  ENCRYPTED  AND
 PROTECTED  AT  LEAST AS MUCH AS OR MORE THAN OTHER CONFIDENTIAL INFORMA-
 TION IN THE VACCINE PROVIDER'S POSSESSION. THE COMMISSIONER, OR  IN  THE
 CITY  OF  NEW  YORK THE COMMISSIONER OF HEALTH AND MENTAL HYGIENE, SHALL
 MAKE REGULATIONS AS REASONABLY NECESSARY TO REQUIRE THAT PERSONAL INFOR-
 MATION POSSESSED, USED, OR UNDER THE CONTROL OF A VACCINE PROVIDER SHALL
 BE SUBJECT TO TECHNICAL SAFEGUARDS, POLICIES, AND PROCEDURES  FOR  STOR-
 AGE,  TRANSMISSION,  USE,  AND  PROTECTION OF THE INFORMATION. THE REGU-
 LATIONS SHALL BE AT LEAST AS OR MORE  PROTECTIVE  THAN  THE  SAFEGUARDS,
 POLICIES,  AND  PROCEDURES THE COMMISSIONER OR, IN THE CITY OF NEW YORK,
 THE COMMISSIONER OF HEALTH AND MENTAL HYGIENE PROVIDES FOR OTHER  CONFI-
 DENTIAL INFORMATION.
   (G) NOTHING IN THIS SECTION SHALL LIMIT A VACCINE NAVIGATOR OR VACCINE
 PROVIDER  THAT  HAS A PRE-EXISTING SERVICE PROVIDER-CLIENT, PROVIDER-PA-
 TIENT, OR FAMILIAL RELATIONSHIP OR A FRIENDSHIP WITH AN INDIVIDUAL  FROM
 PROCESSING  THAT  INDIVIDUAL'S PERSONAL INFORMATION AS PREVIOUSLY AGREED
 TO IN THE COURSE OF THE PRE-EXISTING RELATIONSHIP.
   § 5. Section 2180 of the public health law is amended by adding  eight
 new subdivisions 12, 13, 14, 15, 16, 17, 18 and 19 to read as follows:

 S. 6541                             5
 
   12.  "COVERED ENTITY" MEANS A GOVERNMENTAL ENTITY OR A PLACE OF PUBLIC
 ACCOMMODATION, RESORT OR AMUSEMENT, AS DEFINED IN  SECTION  TWO  HUNDRED
 NINETY-TWO OF THE EXECUTIVE LAW.
   13. "GOVERNMENTAL ENTITY" MEANS A DEPARTMENT OR AGENCY OF THE STATE OR
 A  POLITICAL  SUBDIVISION THEREOF, AN INDIVIDUAL ACTING FOR OR ON BEHALF
 OF THE STATE OR A POLITICAL SUBDIVISION THEREOF, OR ANY ENTITY REGULATED
 UNDER THE SOCIAL SERVICES LAW.
   14. "IMMUNITY PASSPORT" MEANS A CREDENTIAL, WHETHER DIGITAL, ELECTRON-
 IC, OR PHYSICAL, THAT IDENTIFIES AN  INDIVIDUAL  AS  HAVING  RECEIVED  A
 COVID-19 VACCINE OR A COVID-19 TEST RESULT.
   15.  "IMMUNITY  PASSPORT PROVIDER" MEANS A LEGAL ENTITY THAT DEVELOPS,
 MAINTAINS, DISTRIBUTES, OR MARKETS IMMUNITY PASSPORTS IN NEW YORK STATE.
   16. "INDIVIDUAL" MEANS A NATURAL PERSON WHOM  THE  COVERED  ENTITY  OR
 IMMUNITY PASSPORT PROVIDER KNOWS OR HAS REASON TO KNOW IS LOCATED IN NEW
 YORK STATE.
   17.  "PERSONAL  INFORMATION"  MEANS INFORMATION THAT DIRECTLY OR INDI-
 RECTLY IDENTIFIES, RELATES TO, DESCRIBES, IS CAPABLE OF BEING ASSOCIATED
 WITH, OR COULD REASONABLY  BE  LINKED  TO  A  PARTICULAR  INDIVIDUAL  OR
 PERSONAL DEVICE.  INFORMATION IS REASONABLY LINKABLE TO AN INDIVIDUAL OR
 PERSONAL  DEVICE  IF  IT  CAN  BE USED ON ITS OWN OR IN COMBINATION WITH
 OTHER REASONABLY AVAILABLE INFORMATION, REGARDLESS OF WHETHER SUCH OTHER
 INFORMATION IS HELD BY THE COVERED ENTITY OR IMMUNITY PASSPORT PROVIDER,
 TO IDENTIFY AN INDIVIDUAL OR A PERSONAL DEVICE.
   18. "PHYSICAL IMMUNITY PASSPORT" MEANS A CREDENTIAL THAT IDENTIFIES AN
 INDIVIDUAL AS HAVING RECEIVED A COVID-19  VACCINE  OR  A  COVID-19  TEST
 RESULT  THAT  DOES NOT RELY ON A DIGITAL OR ELECTRONIC DEVICE.  PHYSICAL
 IMMUNITY PASSPORTS INCLUDE, BUT ARE NOT  LIMITED  TO,  PIECES  OF  PAPER
 DENOTING IMMUNITY STATUS.
   19.  "PROCESS" MEANS ANY ACTION OR SET OF ACTIONS PERFORMED ON OR WITH
 PERSONAL INFORMATION, INCLUDING BUT NOT LIMITED TO  COLLECTION,  ACCESS,
 USE,  RETENTION,  SHARING,  MONETIZING,  ANALYSIS, CREATION, GENERATION,
 DERIVATION, DECISION-MAKING, RECORDING, ALTERATION, ORGANIZATION, STRUC-
 TURING, STORAGE, DISCLOSURE, TRANSMISSION,  SALE,  LICENSING,  DISPOSAL,
 DESTRUCTION, DE-IDENTIFYING, OR OTHER HANDLING OF PERSONAL INFORMATION.
   §  6. The public health law is amended by adding a new section 2183 to
 read as follows:
   § 2183. IMMUNITY PASSPORTS. 1. ANY COVERED ENTITY THAT REQUIRES  PROOF
 OF COVID-19 IMMUNIZATION SHALL PERMIT THE USE OF PHYSICAL IMMUNITY PASS-
 PORTS.    NO  COVERED  ENTITY MAY REQUIRE DIGITAL, ELECTRONIC, OR SMART-
 PHONE-BASED PROOF OF IMMUNITY.
   2. ANY COVERED ENTITY THAT REQUIRES THE USE OF  AN  IMMUNITY  PASSPORT
 SHALL  DELETE ANY PERSONAL INFORMATION PROCESSED ABOUT THE INDIVIDUAL TO
 WHOM THE IMMUNITY PASSPORT PERTAINS WITHIN TWENTY-FOUR HOURS OF PROCESS-
 ING.
   3. AN IMMUNITY PASSPORT PROVIDER SHALL NOT PROCESS  PERSONAL  INFORMA-
 TION  BEYOND  WHAT  IS  ADEQUATE, RELEVANT, AND NECESSARY TO IDENTIFY AN
 INDIVIDUAL AS HAVING RECEIVED A COVID-19  VACCINE  OR  A  COVID-19  TEST
 RESULT AND SHALL NOT PROCESS PERSONAL INFORMATION PERTAINING TO WHERE OR
 WHEN AN INDIVIDUAL USES AN IMMUNITY PASSPORT.
   4.  NO  COVERED  ENTITY  OR  IMMUNITY  PASSPORT  PROVIDER  MAY PROVIDE
 PERSONAL INFORMATION OR OTHERWISE MAKE PERSONAL INFORMATION  ACCESSIBLE,
 DIRECTLY  OR  INDIRECTLY,  TO A LAW ENFORCEMENT AGENT OR ENTITY OR IMMI-
 GRATION AUTHORITY UNDER ANY CIRCUMSTANCES. NO COVERED ENTITY OR IMMUNITY
 PASSPORT PROVIDER MAY PROVIDE PERSONAL  INFORMATION  OR  OTHERWISE  MAKE
 PERSONAL  INFORMATION  ACCESSIBLE,  DIRECTLY OR INDIRECTLY, TO ANY OTHER
 INDIVIDUAL OR ENTITY, EXCEPT AS EXPLICITLY AUTHORIZED BY  THIS  SECTION.

 S. 6541                             6
 
 PERSONAL  INFORMATION  AND  ANY  EVIDENCE DERIVED THEREFROM 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.
   5.  THE COMMISSIONER SHALL MAKE REGULATIONS AS REASONABLY NECESSARY TO
 ENSURE THAT INDIVIDUALS WHO ARE MEDICALLY CONTRAINDICATED FROM RECEIVING
 THE COVID-19 VACCINE ARE NONETHELESS ABLE TO  ACCESS  COVERED  ENTITIES,
 TAKING  INTO  ACCOUNT  THE  HEALTH  RISKS  ASSOCIATED  WITH EACH TYPE OF
 COVERED ENTITY AND THE FACT THAT THE  ACCOMMODATION  REQUIRED  MAY  VARY
 BASED ON THE TYPE OF COVERED ENTITY.
   6.  NOTHING IN THIS SECTION REQUIRES A COVERED ENTITY TO REQUIRE PROOF
 OF  COVID-19  IMMUNITY  OR  TO  INDEPENDENTLY  VERIFY  THE   INFORMATION
 CONTAINED IN AN IMMUNITY PASSPORT.
   7. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT A COVERED ENTI-
 TY'S  OBLIGATIONS  UNDER  THE  AMERICANS  WITH DISABILITIES ACT, ARTICLE
 FIFTEEN OF THE EXECUTIVE LAW, THE CIVIL RIGHTS LAW, OR ANY OTHER  FEDER-
 AL, STATE, OR LOCAL ANTI-DISCRIMINATION LAW.
   8.  THE COMMISSIONER SHALL MAKE REGULATIONS AS REASONABLY NECESSARY TO
 IMPLEMENT THIS SECTION.
   § 7. Severability. If any provision of this act, or any application of
 any provision of this act, is held to be invalid, that shall not  affect
 the  validity or effectiveness of any other provision of this act, or of
 any other application of any provision of this act, which can  be  given
 effect  without  that  provision  or  application;  and to that end, the
 provisions and applications of this act are severable.
   § 8. This act shall take effect immediately.

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The New York State Senate

senate Bill S6541

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Current Bill Status - In Senate Committee Finance Committee

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Votes

May 19, 2021 - Health committee Vote

Health Committee Vote: May 19, 2021

Co-Sponsors

S6541 (ACTIVE) - Details

S6541 (ACTIVE) - Summary

S6541 (ACTIVE) - Sponsor Memo

S6541 (ACTIVE) - Bill Text download pdf

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senate Bill S6541

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Sponsored By

Current Bill Status - In Senate Committee Finance Committee

Your Voice

Actions

Votes

May 19, 2021 - Health committee Vote

Health Committee Vote: May 19, 2021

Co-Sponsors

S6541 (ACTIVE) - Details

S6541 (ACTIVE) - Summary

S6541 (ACTIVE) - Sponsor Memo

S6541 (ACTIVE) - Bill Text download pdf

Comments