Assembly Bill A3285

2023-2024 Legislative Session

Creates privacy standards for electronic health products and services

download bill text pdf

Sponsored By

Current Bill Status - In Assembly Committee


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

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions

co-Sponsors

2023-A3285 (ACTIVE) - Details

Current Committee:
Assembly Consumer Affairs And Protection
Law Section:
General Business Law
Laws Affected:
Add Art 42 §§1100 - 1103, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2019-2020: A10704
2021-2022: A6656

2023-A3285 (ACTIVE) - Summary

Creates privacy standards for electronic health products and services; requires consent to be given for the collection and/or sharing of personal health information or other personal data.

2023-A3285 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3285
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 2, 2023
                                ___________
 
 Introduced  by  M. of A. L. ROSENTHAL, GALLAGHER, KELLES, SIMON, OTIS --
   read once and referred  to  the  Committee  on  Consumer  Affairs  and
   Protection
 
 AN  ACT  to  amend  the  general business law, in relation to electronic
   health products and services
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The general business law is amended by adding a new article
 42 to read as follows:
                                ARTICLE 42
                  ELECTRONIC HEALTH PRODUCTS AND SERVICES
 
 SECTION 1100. DEFINITIONS.
         1101. ELECTRONIC HEALTH PRODUCTS AND SERVICES; PRIVACY.
         1102. PRIVATE RIGHT OF ACTION.
         1103. ACTIONS THAT ARE HIPAA COMPLIANT.
   §  1100.  DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE, THE FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   1. "CONSENT" MEANS AN  ACTION  WHICH  (A)  CLEARLY  AND  CONSPICUOUSLY
 COMMUNICATES  THE  INDIVIDUAL'S AUTHORIZATION OF AN ACT OR PRACTICE; (B)
 IS MADE IN THE ABSENCE OF ANY MECHANISM IN THE USER INTERFACE  THAT  HAS
 THE PURPOSE OR SUBSTANTIAL EFFECT OF OBSCURING, SUBVERTING, OR IMPAIRING
 DECISION  MAKING OR CHOICE TO OBTAIN CONSENT; AND (C) CANNOT BE INFERRED
 FROM INACTION.
   2. "DEACTIVATION" MEANS A USER'S DELETION, REMOVAL,  OR  OTHER  ACTION
 MADE TO TERMINATE THEIR USE OF AN ELECTRONIC HEALTH PRODUCT OR SERVICE.
   3.  "ELECTRONIC HEALTH PRODUCT OR SERVICE" MEANS ANY SOFTWARE OR HARD-
 WARE, INCLUDING A MOBILE APPLICATION, WEBSITE, OR OTHER RELATED  PRODUCT
 OR SERVICE, THAT IS DESIGNED TO MAINTAIN PERSONAL HEALTH INFORMATION, IN
 ORDER TO MAKE SUCH PERSONAL HEALTH INFORMATION AVAILABLE TO A USER OR TO
 A  HEALTH  CARE  PROVIDER  AT  THE  REQUEST  OF SUCH USER OR HEALTH CARE

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01394-02-3
              

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.