S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4983
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 27, 2023
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
   Committee on Science and Technology
 
 AN ACT to amend the general business law, in relation to privacy  stand-
   ards  for electronic health products and services and permissible data
   brokering
 
   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 VOLUNTARY AUTHORIZATION OF AN ACT OR PRAC-
 TICE;  (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. A REQUEST FOR CONSENT SHALL BE PROVIDED TO THE
 INDIVIDUAL IN A CLEAR AND CONSPICUOUS DISCLOSURE, APART FROM ANY PRIVACY
 POLICY, TERMS OF SERVICE, TERMS OF USE, GENERAL RELEASE, USER AGREEMENT,
 OR OTHER SIMILAR DOCUMENT, OF ALL INFORMATION MATERIAL TO THE  PROVISION
 OF CONSENT.
   2.  "DEACTIVATION"  MEANS  A USER'S DELETION, REMOVAL, OR OTHER ACTION
 MADE TO TERMINATE HIS OR HER USE OF  AN  ELECTRONIC  HEALTH  PRODUCT  OR
 SERVICE.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01105-01-3
              

 A. 4983                             2
 
   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,
 DESIGNED TO DIAGNOSE OR DESIGNED TO INFER A MEDICAL DIAGNOSIS, 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  PROVID-
 ER, FOR THE PURPOSES OF ALLOWING SUCH USER TO MANAGE HIS OR HER INFORMA-
 TION, OR FOR THE DIAGNOSIS, INFERRED DIAGNOSIS, TREATMENT, OR MANAGEMENT
 OF A MEDICAL CONDITION.
   4. "HEALTH CARE PROVIDER" MEANS:
   (A) A HOSPITAL AS DEFINED IN ARTICLE TWENTY-EIGHT OF THE PUBLIC HEALTH
 LAW, A HOME CARE SERVICES AGENCY AS DEFINED IN ARTICLE THIRTY-SIX OF THE
 PUBLIC  HEALTH  LAW, A HOSPICE AS DEFINED IN ARTICLE FORTY OF THE PUBLIC
 HEALTH LAW, A HEALTH MAINTENANCE  ORGANIZATION  AS  DEFINED  IN  ARTICLE
 FORTY-FOUR  OF  THE  PUBLIC  HEALTH  LAW, OR A SHARED HEALTH FACILITY AS
 DEFINED IN ARTICLE FORTY-SEVEN OF THE PUBLIC HEALTH LAW; OR
   (B) A PERSON  LICENSED  UNDER  ARTICLE  ONE  HUNDRED  THIRTY-ONE,  ONE
 HUNDRED  THIRTY-ONE-B, ONE HUNDRED THIRTY-TWO, ONE HUNDRED THIRTY-THREE,
 ONE HUNDRED THIRTY-SIX, ONE HUNDRED THIRTY-NINE, ONE HUNDRED  FORTY-ONE,
 ONE  HUNDRED  FORTY-THREE,  ONE  HUNDRED  FORTY-FOUR, ONE HUNDRED FIFTY-
 THREE, ONE HUNDRED FIFTY-FOUR, ONE  HUNDRED  FIFTY-SIX  OR  ONE  HUNDRED
 FIFTY-NINE OF THE EDUCATION LAW.
   5.  "PERSONAL  HEALTH INFORMATION" MEANS ANY INDIVIDUALLY IDENTIFIABLE
 INFORMATION ABOUT AN INDIVIDUAL'S MENTAL OR PHYSICAL CONDITION  PROVIDED
 BY  SUCH  INDIVIDUAL,  OR OTHERWISE GAINED FROM MONITORING SUCH INDIVID-
 UAL'S MENTAL OR PHYSICAL CONDITION.
   6. "USER" MEANS AN INDIVIDUAL WHO HAS DOWNLOADED OR USES AN ELECTRONIC
 HEALTH PRODUCT OR SERVICE.
   7. "CONSUMER DATA" MEANS ANY INFORMATION THAT IDENTIFIES, RELATES  TO,
 DESCRIBES, IS CAPABLE OF BEING  ASSOCIATED  WITH, OR COULD REASONABLY BE
 LINKED,  EITHER  DIRECTLY  OR  INDIRECTLY,  WITH  A  PARTICULAR CONSUMER
 REGARDLESS IF SUCH DATA CAN BE DERIVED BY THE  CONSUMER,  HOUSEHOLD,  OR
 CONSUMER DEVICE OR DERIVED FROM OTHER SOURCES SUCH AS AN INTERNET PROTO-
 COL ADDRESS.
   8. "DATA PROCESSING" MEANS THE COLLECTION, USE, DISCLOSURE, RETENTION,
 OR PROCESSING OF PERSONAL HEALTH INFORMATION OR OTHER DATA.
   9.  "COVERED  ORGANIZATION"  MEANS AN ENTITY, INCLUDING A DATA BROKER,
 THAT OFFERS AN ELECTRONIC HEALTH PRODUCT OR SERVICE THAT IS  SUBJECT  TO
 THE PROVISIONS OF THIS ARTICLE.
   10.  "DATA  BROKER"  MEANS  A  PERSON  OR  ENTITY THAT COLLECTS, BUYS,
 LICENSES, OR INFERS DATA ABOUT INDIVIDUALS AND THEN SELLS, LICENSES,  OR
 TRADES THAT DATA.
   11. "DIGITAL ADVERTISER" MEANS ANY PERSON, CORPORATION, PARTNERSHIP OR
 ASSOCIATION THAT DELIVERS DIGITAL ADVERTISEMENTS BY ELECTRONIC MEANS.
   12.  "DIGITAL ADVERTISEMENT" SHALL INCLUDE ANY COMMUNICATION DELIVERED
 BY ELECTRONIC MEANS THAT IS INTENDED TO BE  USED  FOR  THE  PURPOSES  OF
 MARKETING,   SOLICITATION,  OR  DISSEMINATION  OF  INFORMATION  RELATED,
 DIRECTLY OR INDIRECTLY, TO GOODS OR SERVICES  PROVIDED  BY  THE  DIGITAL
 ADVERTISER OR A THIRD PARTY.
   13.  "GEOFENCING"  MEANS  A  TECHNOLOGY  THAT  USES GLOBAL POSITIONING
 SYSTEM  COORDINATES,  CELL  TOWER  CONNECTIVITY,  CELLULAR  DATA,  RADIO
 FREQUENCY  IDENTIFICATION,  WI-FI DATA AND/OR ANY OTHER FORM OF LOCATION
 DETECTION, TO ESTABLISH  A  VIRTUAL  BOUNDARY  OR  "GEOFENCE"  AROUND  A
 PARTICULAR  LOCATION  THAT  ALLOWS  A  DIGITAL  ADVERTISER  TO TRACK THE
 LOCATION OF AN  INDIVIDUAL  USER  AND  ELECTRONICALLY  DELIVER  TARGETED
 A. 4983                             3
 
 DIGITAL  ADVERTISEMENTS  DIRECTLY TO SUCH USER'S MOBILE DEVICE UPON SUCH
 USER'S ENTRY INTO THE GEOFENCED AREA.
   §  1101.  ELECTRONIC HEALTH PRODUCTS AND SERVICES; PRIVACY. 1.  (A) IT
 SHALL BE UNLAWFUL FOR A COVERED ORGANIZATION TO ENGAGE IN DATA  PROCESS-
 ING, GEOFENCING, OR DATA BROKERING UNLESS:
   (I) THE USER TO WHOM THE INFORMATION OR DATA PERTAINS HAS GIVEN AFFIR-
 MATIVE  EXPRESS  CONSENT  TO  SUCH  DATA  PROCESSING AND IF SUCH COVERED
 ORGANIZATION WILL BROKER USER DATA, THE USER  MUST  ALSO  GIVE  SEPARATE
 AFFIRMATIVE CONSENT TO SUCH DATA BROKERING; AND
   (II)  SUCH  DATA PROCESSING, GEOFENCING OR DATA BROKERING, IS STRICTLY
 NECESSARY AND FOR THE PURPOSE OF:
   (A) PROTECTING AGAINST MALICIOUS, FRAUDULENT, OR ILLEGAL ACTIVITY;
   (B) DETECTING, RESPONDING TO,  OR  PREVENTING  SECURITY  INCIDENTS  OR
 THREATS; OR
   (C) COMPLYING WITH A COURT ORDER ISSUED TO THE COVERED ORGANIZATION.
   (B)  THE GENERAL NATURE OF ANY DATA PROCESSING OR DATA BROKERING SHALL
 BE CONVEYED BY THE COVERED ORGANIZATION IN CLEAR AND PROMINENT TERMS  IN
 SUCH  A  WAY  THAT AN ORDINARY CONSUMER WOULD NOTICE AND UNDERSTAND SUCH
 TERMS.
   (C) A USER MAY CONSENT TO DATA PROCESSING OR DATA BROKERING ON  BEHALF
 OF HIS OR HER DEPENDENT MINORS.
   (D)  A COVERED ORGANIZATION SHALL PROVIDE AN EFFECTIVE MECHANISM FOR A
 USER TO REVOKE THEIR CONSENT AFTER IT IS GIVEN.  AFTER  A  USER  REVOKES
 THEIR  CONSENT, THE COVERED ORGANIZATION SHALL CEASE ALL DATA PROCESSING
 AND DATA BROKERING OF SUCH USER'S PERSONAL HEALTH INFORMATION  OR  OTHER
 DATA  AS SOON AS PRACTICABLE, BUT NOT LATER THAN FIFTEEN DAYS AFTER SUCH
 USER REVOKES SUCH CONSENT.
   2. IN ORDER TO OBTAIN CONSENT IN COMPLIANCE WITH  SUBDIVISION  ONE  OF
 THIS SECTION, A COVERED ORGANIZATION OFFERING AN ELECTRONIC HEALTH PROD-
 UCT OR SERVICE SHALL:
   (A)  DISCLOSE  TO  THE  USER  ALL  DATA,  PERSONAL HEALTH INFORMATION,
 LOCATION DATA, AND OTHER PERSONAL DATA SUCH ELECTRONIC HEALTH PRODUCT OR
 SERVICE WILL COLLECT FROM THE USER UPON OBTAINING CONSENT;
   (B) DISCLOSE TO THE USER ALL  THIRD  PARTIES  WITH  WHOM  SUCH  USER'S
 PERSONAL  HEALTH INFORMATION OR OTHER PERSONAL DATA MAY BE SHARED BY THE
 ELECTRONIC HEALTH PRODUCT OR SERVICE UPON OBTAINING CONSENT;
   (C) DISCLOSE TO THE USER  THE  PURPOSE  FOR  COLLECTING  ANY  PERSONAL
 HEALTH INFORMATION OR OTHER PERSONAL DATA; AND
   (D) ALLOW THE USER TO WITHDRAW CONSENT AT ANY TIME.
   3.  NO ELECTRONIC HEALTH PRODUCT OR SERVICE SHALL COLLECT ANY PERSONAL
 HEALTH INFORMATION OR OTHER  PERSONAL  DATA  BEYOND  WHICH  A  USER  HAS
 SPECIFICALLY  CONSENTED  TO SHARE WITH SUCH ELECTRONIC HEALTH PRODUCT OR
 SERVICE UNDER SUBDIVISION ONE OF THIS SECTION.
   4. (A) AN ELECTRONIC HEALTH PRODUCT OR SERVICE SHALL DELETE OR  OTHER-
 WISE  DESTROY  ANY  PERSONAL  HEALTH  INFORMATION OR OTHER PERSONAL DATA
 COLLECTED FROM A USER IMMEDIATELY UPON SUCH USER'S  REQUEST,  WITHDRAWAL
 OF CONSENT; OR UPON SUCH USER'S DEACTIVATION OF HIS OR HER ACCOUNT.
   (B)  A  COVERED  ORGANIZATION  THAT  COLLECTS A USER'S PERSONAL HEALTH
 INFORMATION OR OTHER DATA SHALL LIMIT ITS COLLECTION AND SHARING OF THAT
 INFORMATION WITH THIRD PARTIES TO WHAT IS STRICTLY NECESSARY TO  PROVIDE
 A SERVICE OR CONDUCT AN ACTIVITY THAT A USER HAS REQUESTED OR IS STRICT-
 LY NECESSARY FOR SECURITY OR FRAUD PREVENTION.
   (C)  A  COVERED  ORGANIZATION  THAT  COLLECTS A USER'S PERSONAL HEALTH
 INFORMATION OR OTHER DATA SHALL LIMIT ITS  USE  AND  RETENTION  OF  SUCH
 INFORMATION  TO  WHAT  IS  REASONABLY  NECESSARY TO PROVIDE A SERVICE OR
 CONDUCT AN ACTIVITY THAT A USER HAS REQUESTED OR A  RELATED  OPERATIONAL
 A. 4983                             4
 
 PURPOSE,  PROVIDED  THAT  INFORMATION  COLLECTED  OR RETAINED SOLELY FOR
 SECURITY OR FRAUD PREVENTION MAY NOT BE USED FOR OPERATIONAL PURPOSES.
   5.  A  COVERED  ORGANIZATION  SHALL  NOT  DISCRIMINATE  AGAINST A USER
 BECAUSE THE USER EXERCISED ANY OF THE USER'S RIGHTS UNDER THIS TITLE, OR
 DID NOT AGREE TO  INFORMATION  PROCESSING  FOR  A  SEPARATE  PRODUCT  OR
 SERVICE, INCLUDING, BUT NOT LIMITED TO, BY:
   (A) DENYING GOODS OR SERVICES TO THE USER.
   (B)  CHARGING DIFFERENT PRICES OR RATES FOR GOODS OR SERVICES, INCLUD-
 ING THROUGH THE USE OF DISCOUNTS OR OTHER BENEFITS  OR  IMPOSING  PENAL-
 TIES.
   (C) PROVIDING A DIFFERENT LEVEL OR QUALITY OF GOODS OR SERVICES TO THE
 USER.
   (D)  SUGGESTING  THAT  THE  CONSUMER WILL RECEIVE A DIFFERENT PRICE OR
 RATE FOR GOODS OR SERVICES OR A DIFFERENT LEVEL OR QUALITY OF  GOODS  OR
 SERVICES.
   6.  A  COVERED  ORGANIZATION  SHALL  IMPLEMENT AND MAINTAIN REASONABLE
 SECURITY PROCEDURES AND PRACTICES, INCLUDING  ADMINISTRATIVE,  PHYSICAL,
 AND  TECHNICAL  SAFEGUARDS, APPROPRIATE TO THE NATURE OF THE INFORMATION
 AND THE PURPOSES FOR WHICH THE PERSONAL HEALTH INFORMATION OR OTHER DATA
 WILL BE USED, TO PROTECT CONSUMERS' PERSONAL HEALTH INFORMATION OR OTHER
 DATA FROM UNAUTHORIZED USE, DISCLOSURE, ACCESS, DESTRUCTION, OR  MODIFI-
 CATION.
   7.  (A)  IT SHALL BE UNLAWFUL FOR ANY PERSON, CORPORATION, PARTNERSHIP
 OR ASSOCIATION TO DELIVER BY ELECTRONIC MEANS ANY DIGITAL  ADVERTISEMENT
 TO  A  USER THROUGH THE USE OF GEOFENCING AT ANY HEALTH CARE FACILITY AS
 DEFINED IN SUBDIVISION ONE OF THIS SECTION.
   (B) IT SHALL BE UNLAWFUL FOR ANY PERSON, CORPORATION,  PARTNERSHIP  OR
 ASSOCIATION  TO  ESTABLISH  A GEOFENCE OR SIMILAR VIRTUAL BOUNDARY IN OR
 AROUND ANY HEALTH CARE FACILITY FOR THE PURPOSE OF DELIVERING  BY  ELEC-
 TRONIC  MEANS  A DIGITAL ADVERTISEMENT TO A USER WITHIN SUCH HEALTH CARE
 FACILITY.
   § 1102. PRIVATE RIGHT OF ACTION. 1. ANY PERSON WHO HAS BEEN INJURED BY
 REASON OF A VIOLATION OF THIS ARTICLE MAY BRING AN ACTION IN HIS OR  HER
 OWN  NAME, OR IN THE NAME OF HIS OR HER MINOR CHILD, TO SEEK DECLARATORY
 RELIEF, TO ENJOIN SUCH UNLAWFUL  ACT,  TO  RECOVER  HIS  OR  HER  ACTUAL
 DAMAGES, TO SEEK STATUTORY DAMAGES AS PROVIDED PURSUANT TO THIS SECTION,
 OR  ANY  COMBINATION  OF  SUCH  ACTIONS.  ANY  VIOLATION OF THIS ARTICLE
 CONSTITUTES AN INJURY-IN-FACT AND A HARM TO ANY AFFECTED INDIVIDUAL. THE
 COURT SHALL AWARD REASONABLE ATTORNEY'S FEES TO A PREVAILING PLAINTIFF.
   2. ANY COVERED ORGANIZATION THAT VIOLATES THIS ARTICLE IS  SUBJECT  TO
 DECLARATORY  JUDGMENT,  AN INJUNCTION AND LIABLE FOR DAMAGES AND A CIVIL
 PENALTY. WHEN CALCULATING DAMAGES AND CIVIL PENALTIES, THE  COURT  SHALL
 CONSIDER  THE  NUMBER  OF  AFFECTED  INDIVIDUALS,  THE  SEVERITY  OF THE
 VIOLATION, AND THE SIZE AND REVENUES OF THE COVERED ORGANIZATION.  ADDI-
 TIONALLY,  STATUTORY  DAMAGES  SHALL  BE  AWARDED  IN THE AMOUNT OF FIVE
 HUNDRED DOLLARS PER VIOLATION. EACH INDIVIDUAL WHOSE DATA WAS UNLAWFULLY
 PROCESSED COUNTS AS A SEPARATE VIOLATION. EACH PROVISION OF THIS ARTICLE
 THAT WAS VIOLATED COUNTS AS A SEPARATE VIOLATION.
   § 1103. ACTIONS THAT ARE HIPAA  COMPLIANT.  NOTHING  IN  THIS  ARTICLE
 SHALL  PROHIBIT  ANY ACTION TAKEN WITH RESPECT TO THE HEALTH INFORMATION
 OF AN INDIVIDUAL BY A DATA  BROKER  THAT  IS  A  BUSINESS  ASSOCIATE  OR
 COVERED  ORGANIZATION  THAT IS PERMISSIBLE UNDER THE FEDERAL REGULATIONS
 CONCERNING STANDARDS FOR PRIVACY  OF  INDIVIDUALLY  IDENTIFIABLE  HEALTH
 INFORMATION  PROMULGATED  UNDER  SECTION  264(C) OF THE HEALTH INSURANCE
 PORTABILITY AND ACCOUNTABILITY ACT OF 1996 (42 U.S.C. 1320D- 20 2 NOTE).
 A. 4983                             5
 
   § 2. Severability. If any clause,  sentence,  paragraph,  subdivision,
 section  or part of this act shall be adjudged by any court of competent
 jurisdiction to be invalid, such judgment shall not affect,  impair,  or
 invalidate the remainder thereof, but shall be confined in its operation
 to the clause, sentence, paragraph, subdivision, section or part thereof
 directly  involved  in the controversy in which such judgment shall have
 been rendered. It is hereby declared to be the intent of the legislature
 that this act would have been enacted even if  such  invalid  provisions
 had not been included herein.
   §  3.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4983--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 27, 2023
                                ___________
 
 Introduced  by  M.  of  A.  L. ROSENTHAL,  CUNNINGHAM  --  read once and
   referred to the Committee  on  Science  and  Technology  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN  ACT  to amend the general business law, in relation to providing for
   the protection of health information

   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
                  NEW YORK HEALTH INFORMATION PRIVACY ACT
 SECTION 1100. DEFINITIONS.
         1101. REQUIREMENTS FOR COMMUNICATIONS TO INDIVIDUALS.
         1102. LAWFULNESS OF PROCESSING REGULATED HEALTH INFORMATION.
         1103. INDIVIDUAL RIGHTS.
         1104. SECURITY.
         1105. SERVICE PROVIDERS.
         1106. EXEMPTIONS.
         1107. ENFORCEMENT.
   §  1100.  DEFINITIONS.  AS  USED  IN THIS ARTICLE, THE FOLLOWING TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   1. "DEIDENTIFIED INFORMATION" MEANS INFORMATION THAT CANNOT REASONABLY
 BE USED TO INFER INFORMATION ABOUT, OR OTHERWISE BE LINKED TO A  PARTIC-
 ULAR INDIVIDUAL, HOUSEHOLD, OR DEVICE, PROVIDED THAT THE REGULATED ENTI-
 TY OR SERVICE PROVIDER THAT PROCESSES THE INFORMATION:
   (A)  IMPLEMENTS  REASONABLE  TECHNICAL  SAFEGUARDS  TO ENSURE THAT THE
 INFORMATION CANNOT BE  ASSOCIATED  WITH  AN  INDIVIDUAL,  HOUSEHOLD,  OR
 DEVICE;
   (B)  PUBLICLY  COMMITS TO PROCESS THE INFORMATION ONLY AS DEIDENTIFIED
 INFORMATION AND NOT ATTEMPT TO REIDENTIFY THE INFORMATION,  EXCEPT  THAT
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01105-02-3
              

 A. 4983--A                          2
 
 THE  REGULATED  ENTITY OR SERVICE PROVIDER MAY ATTEMPT TO REIDENTIFY THE
 INFORMATION SOLELY FOR THE PURPOSE OF DETERMINING  WHETHER  ITS  DEIDEN-
 TIFICATION PROCESSES SATISFY THE REQUIREMENTS OF THIS SECTION; AND
   (C) CONTRACTUALLY OBLIGATES ANY RECIPIENT OF THE DEIDENTIFIED INFORMA-
 TION TO COMPLY WITH ALL REQUIREMENTS OF THIS SECTION.
   2.  "REGULATED  HEALTH INFORMATION" MEANS ANY INFORMATION THAT RELATES
 TO AN INDIVIDUAL OR A DEVICE THAT IS REASONABLY LINKABLE TO AN  INDIVID-
 UAL OR INDIVIDUALS IN CONNECTION WITH PHYSICAL OR MENTAL HEALTH. FOR THE
 AVOIDANCE  OF  DOUBT, LOCATION OR PAYMENT INFORMATION THAT RELATES TO AN
 INDIVIDUAL'S PHYSICAL OR MENTAL HEALTH OR ANY INFERENCE DRAWN OR DERIVED
 DATA ABOUT AN INDIVIDUAL OR A DEVICE THAT IS REASONABLY LINKABLE  TO  AN
 INDIVIDUAL  OR  INDIVIDUALS THAT RELATES TO PHYSICAL OR MENTAL HEALTH IS
 REGULATED HEALTH INFORMATION.  REGULATED  HEALTH  INFORMATION  DOES  NOT
 INCLUDE DEIDENTIFIED INFORMATION.
   3.  "PROCESS"  OR "PROCESSING" MEANS AN OPERATION OR SET OF OPERATIONS
 PERFORMED ON REGULATED HEALTH INFORMATION, INCLUDING BUT NOT LIMITED  TO
 THE  COLLECTION,  USE,  ACCESS,  SHARING,  SALE, MONETIZATION, ANALYSIS,
 RETENTION, CREATION, GENERATION,  DERIVATION,  RECORDING,  ORGANIZATION,
 STRUCTURING,  STORAGE,  DISCLOSURE,  TRANSMISSION,  DISPOSAL, LICENSING,
 DESTRUCTION, DELETION, MODIFICATION, OR  DEIDENTIFICATION  OF  REGULATED
 HEALTH INFORMATION.
   4.  "REGULATED ENTITY" MEANS ANY ENTITY THAT (A) CONTROLS THE PROCESS-
 ING OF REGULATED HEALTH INFORMATION OF AN INDIVIDUAL WHO IS A  NEW  YORK
 RESIDENT, (B) CONTROLS THE PROCESSING OF REGULATED HEALTH INFORMATION OF
 AN  INDIVIDUAL WHO IS PHYSICALLY PRESENT IN NEW YORK WHILE THAT INDIVID-
 UAL IS IN NEW YORK, OR (C) IS LOCATED IN NEW YORK AND CONTROLS THE PROC-
 ESSING OF REGULATED HEALTH INFORMATION OF  AN  INDIVIDUAL.  A  REGULATED
 ENTITY  MAY  ALSO  BE  A  SERVICE PROVIDER DEPENDING UPON THE CONTEXT IN
 WHICH REGULATED HEALTH INFORMATION IS PROCESSED.
   5. "SELL" MEANS TO SHARE REGULATED HEALTH INFORMATION FOR MONETARY  OR
 OTHER  VALUABLE  CONSIDERATION.  SELLING DOES NOT INCLUDE THE SHARING OF
 REGULATED HEALTH INFORMATION FOR MONETARY OR  OTHER  VALUABLE  CONSIDER-
 ATION  TO  A  THIRD PARTY AS AN ASSET THAT IS PART OF A MERGER, ACQUISI-
 TION, BANKRUPTCY, OR OTHER TRANSACTION IN WHICH THE THIRD PARTY  ASSUMES
 CONTROL OF ALL OR PART OF THE REGULATED ENTITY'S ASSETS.
   6.  "SERVICE PROVIDER" MEANS ANY PERSON OR ENTITY THAT PROCESSES REGU-
 LATED HEALTH INFORMATION ON BEHALF OF  A  REGULATED  ENTITY.  A  SERVICE
 PROVIDER  MAY  ALSO  BE A REGULATED ENTITY DEPENDING UPON THE CONTEXT IN
 WHICH REGULATED HEALTH INFORMATION IS PROCESSED.
   7. "THIRD PARTY" MEANS A PERSON OR ENTITY OTHER THAN  THE  INDIVIDUAL,
 REGULATED  ENTITY,  OR  SERVICE  PROVIDER  INVOLVED  IN A TRANSACTION OR
 OCCURRENCE THAT INVOLVES REGULATED HEALTH INFORMATION. A THIRD PARTY MAY
 ALSO BE A REGULATED  ENTITY  OR  SERVICE  PROVIDER  DEPENDING  UPON  THE
 CONTEXT IN WHICH REGULATED HEALTH INFORMATION IS PROCESSED.
   §  1101.  REQUIREMENTS FOR COMMUNICATIONS TO INDIVIDUALS. ALL NOTICES,
 DISCLOSURES, FORMS, AND OTHER  COMMUNICATIONS  TO  INDIVIDUALS  PROVIDED
 PURSUANT TO THIS ARTICLE SHALL COMPLY WITH THE FOLLOWING:
   1.  IN  GENERAL,  ALL  COMMUNICATIONS SHALL USE PLAIN, STRAIGHTFORWARD
 LANGUAGE, AVOIDING TECHNICAL OR  LEGAL  JARGON,  AND  MUST  BE  PROVIDED
 THROUGH  AN  INTERFACE  REGULARLY USED IN CONJUNCTION WITH THE REGULATED
 ENTITY'S PRODUCT OR SERVICE.
   2. ALL COMMUNICATIONS SHALL BE REASONABLY  ACCESSIBLE  TO  INDIVIDUALS
 WITH DISABILITIES, INCLUDING BY:
   (A) UTILIZING DIGITAL ACCESSIBILITY TOOLS;
   (B)  FOR  NOTICES, COMPLYING WITH GENERALLY RECOGNIZED INDUSTRY STAND-
 ARDS, INCLUDING, BUT NOT  LIMITED  TO,  THE  WEB  CONTENT  ACCESSIBILITY
 A. 4983--A                          3
 
 GUIDELINES,  VERSION 2.1 OF JUNE 5, 2018, FROM THE WORLD WEB CONSORTIUM,
 INCORPORATED HEREIN BY REFERENCE; AND
   (C) FOR OTHER COMMUNICATIONS, PROVIDING INFORMATION ABOUT HOW AN INDI-
 VIDUAL  WITH A DISABILITY MAY ACCESS THE COMMUNICATION IN AN ALTERNATIVE
 FORMAT.
   3. ALL COMMUNICATIONS SHALL BE AVAILABLE IN THE LANGUAGES IN WHICH THE
 REGULATED ENTITY PROVIDES INFORMATION VIA ITS WEBSITE AND SERVICES.  ANY
 DIRECT  COMMUNICATION TO AN INDIVIDUAL SHALL BE PROVIDED IN THE LANGUAGE
 IN WHICH THE INDIVIDUAL ORDINARILY INTERACTS WITH THE  REGULATED  ENTITY
 OR ITS SERVICE PROVIDER.
   4. A REGULATED ENTITY SHALL MAKE ANY NOTICE FOR PROCESSING PURSUANT TO
 A PERMISSIBLE PURPOSE, PURSUANT TO SUBPARAGRAPH (II) OF PARAGRAPH (B) OF
 SUBDIVISION  ONE  OF SECTION ELEVEN HUNDRED TWO OF THIS ARTICLE, OR FORM
 FOR PROCESSING PURSUANT TO AUTHORIZATION, PURSUANT TO  SUBPARAGRAPH  (I)
 OF  PARAGRAPH  (B)  OF  SUBDIVISION ONE OF SECTION ELEVEN HUNDRED TWO OF
 THIS ARTICLE, PUBLICLY AVAILABLE ON ITS  WEBSITE.  IF  AN  AUTHORIZATION
 FORM IS CUSTOMIZED FOR EACH INDIVIDUAL, THE REGULATED ENTITY MAY INSTEAD
 PUBLICLY POST A SAMPLE AUTHORIZATION FORM ON ITS WEBSITE.
   §  1102. LAWFULNESS OF PROCESSING REGULATED HEALTH INFORMATION.  1. IN
 GENERAL, IT SHALL BE UNLAWFUL FOR A REGULATED ENTITY TO:
   (A) SELL AN INDIVIDUAL'S  REGULATED  HEALTH  INFORMATION  TO  A  THIRD
 PARTY; OR
   (B)  OTHERWISE  PROCESS  AN  INDIVIDUAL'S REGULATED HEALTH INFORMATION
 UNLESS:
   (I) THE INDIVIDUAL HAS PROVIDED VALID AUTHORIZATION FOR SUCH  PROCESS-
 ING; OR
   (II)  PROCESSING  OF  AN  INDIVIDUAL'S REGULATED HEALTH INFORMATION IS
 STRICTLY NECESSARY FOR THE PURPOSE OF:
   (A) PROVIDING A PRODUCT OR SERVICE REQUESTED BY SUCH INDIVIDUAL;
   (B) CONDUCTING THE REGULATED ENTITY'S  INTERNAL  BUSINESS  OPERATIONS,
 WHICH EXCLUDE ANY ACTIVITIES RELATED TO MARKETING, ADVERTISING, RESEARCH
 AND DEVELOPMENT, OR PROVIDING PRODUCTS OR SERVICES TO THIRD PARTIES;
   (C) PROTECTING AGAINST MALICIOUS, FRAUDULENT, OR ILLEGAL ACTIVITY;
   (D)  DETECTING,  RESPONDING  TO,  OR  PREVENTING SECURITY INCIDENTS OR
 THREATS;
   (E) PROTECTING THE VITAL INTERESTS OF  AN  INDIVIDUAL  OR  THE  PUBLIC
 INTEREST IN THE AREA OF PUBLIC HEALTH;
   (F) INVESTIGATING, ESTABLISHING, EXERCISING, PREPARING FOR, OR DEFEND-
 ING LEGAL CLAIMS; OR
   (G) COMPLYING WITH THE REGULATED ENTITY'S LEGAL OBLIGATIONS.
   2.  A  REGULATED  ENTITY  THAT  PROCESSES REGULATED HEALTH INFORMATION
 PURSUANT TO VALID AUTHORIZATION AS REQUIRED BY SUBPARAGRAPH (I) OF PARA-
 GRAPH (B) OF SUBDIVISION ONE OF  THIS  SECTION  SHALL  COMPLY  WITH  THE
 FOLLOWING:
   (A)  A  REQUEST FOR AUTHORIZATION TO PROCESS AN INDIVIDUAL'S REGULATED
 HEALTH INFORMATION SHALL:
   (I) BE MADE SEPARATELY FROM ANY OTHER TRANSACTION OR PART OF A  TRANS-
 ACTION;
   (II) BE MADE AT LEAST TWENTY-FOUR HOURS AFTER AN INDIVIDUAL CREATES AN
 ACCOUNT OR FIRST USES THE REQUESTED PRODUCT OR SERVICE;
   (III)  BE MADE IN THE ABSENCE OF ANY MECHANISM THAT HAS THE PURPOSE OR
 SUBSTANTIAL EFFECT OF OBSCURING, SUBVERTING, OR  IMPAIRING  AN  INDIVID-
 UAL'S DECISION-MAKING REGARDING AUTHORIZATION FOR PROCESSING;
   (IV) IF REQUESTING AUTHORIZATION FOR MULTIPLE CATEGORIES OF PROCESSING
 ACTIVITIES, ALLOW THE INDIVIDUAL TO PROVIDE/WITHHOLD AUTHORIZATION SEPA-
 RATELY FOR EACH CATEGORY OF PROCESSING ACTIVITY; AND
 A. 4983--A                          4
 
   (V)  NOT INCLUDE ANY REQUEST FOR AUTHORIZATION FOR A PROCESSING ACTIV-
 ITY FOR WHICH AN INDIVIDUAL HAS WITHHELD OR REVOKED AUTHORIZATION WITHIN
 THE PAST CALENDAR YEAR.
   (B) A VALID AUTHORIZATION SHALL INCLUDE:
   (I) THE TYPES OF REGULATED HEALTH INFORMATION TO BE PROCESSED;
   (II) THE NATURE OF THE PROCESSING ACTIVITY;
   (III) THE SPECIFIC PURPOSES FOR SUCH PROCESSING;
   (IV)  THE  NAMES  WHERE  READILY  AVAILABLE,  OR CATEGORIES OF SERVICE
 PROVIDERS AND THIRD PARTIES TO WHICH THE REGULATED ENTITY  MAY  DISCLOSE
 THE  INDIVIDUAL'S REGULATED HEALTH INFORMATION AND THE PURPOSES FOR SUCH
 DISCLOSURE, INCLUDING THE CIRCUMSTANCES UNDER WHICH THE REGULATED ENTITY
 MAY DISCLOSE REGULATED HEALTH INFORMATION TO LAW ENFORCEMENT;
   (V) ANY MONETARY OR OTHER VALUABLE CONSIDERATION THE REGULATED  ENTITY
 MAY  RECEIVE  IN  CONNECTION  WITH PROCESSING THE INDIVIDUAL'S REGULATED
 HEALTH INFORMATION, WHERE APPLICABLE;
   (VI) THAT FAILING TO PROVIDE AUTHORIZATION WILL NOT AFFECT  THE  INDI-
 VIDUAL'S   EXPERIENCE  OF  USING  THE  REGULATED  ENTITY'S  PRODUCTS  OR
 SERVICES;
   (VII) THE EXPIRATION DATE OF THE AUTHORIZATION, WHICH MAY BE UP TO ONE
 YEAR FROM THE DATE AUTHORIZATION WAS PROVIDED;
   (VIII) THE MECHANISM BY WHICH THE INDIVIDUAL MAY REVOKE  AUTHORIZATION
 PRIOR TO EXPIRATION;
   (IX)  THE  MECHANISM BY WHICH THE INDIVIDUAL MAY REQUEST ACCESS TO AND
 DELETION OF THEIR REGULATED HEALTH INFORMATION;
   (X) ANY OTHER INFORMATION MATERIAL TO AN INDIVIDUAL'S  DECISION-MAKING
 REGARDING AUTHORIZATION FOR PROCESSING; AND
   (XI)  THE SIGNATURE, WHICH MAY BE ELECTRONIC, OF THE INDIVIDUAL WHO IS
 THE SUBJECT OF THE REGULATED HEALTH INFORMATION, OR A PARENT OR GUARDIAN
 AUTHORIZED BY LAW TO TAKE ACTIONS OF LEGAL CONSEQUENCE ON BEHALF OF  THE
 INDIVIDUAL  WHO  IS THE SUBJECT OF THE REGULATED HEALTH INFORMATION, AND
 THE DATE.
   (C) (I) A REGULATED ENTITY THAT RECEIVES AUTHORIZATION FOR  PROCESSING
 SHALL  PROVIDE  AN  EFFECTIVE,  EFFICIENT,  AND EASY-TO-USE MECHANISM BY
 WHICH AN INDIVIDUAL MAY REVOKE AUTHORIZATION  AT  ANY  TIME  THROUGH  AN
 INTERFACE  REGULARLY  USED  IN  CONJUNCTION  WITH THE REGULATED ENTITY'S
 PRODUCT OR SERVICE.
   (II) UPON AN INDIVIDUAL'S REVOCATION OF AUTHORIZATION,  THE  REGULATED
 ENTITY  SHALL  IMMEDIATELY  CEASE  ALL  PROCESSING  ACTIVITIES FOR WHICH
 AUTHORIZATION WAS REVOKED, EXCEPT TO THE EXTENT NECESSARY TO COMPLY WITH
 THE REGULATED ENTITY'S LEGAL OBLIGATIONS.
   (III) FOR INDIVIDUALS WHO HAVE AN ONLINE ACCOUNT  WITH  THE  REGULATED
 ENTITY,  THE  REGULATED ENTITY MUST PROVIDE, IN A CONSPICUOUS AND EASILY
 ACCESSIBLE PLACE WITHIN THE ACCOUNT SETTINGS, A LIST OF  ALL  PROCESSING
 ACTIVITIES  FOR WHICH THE INDIVIDUAL HAS PROVIDED AUTHORIZATION AND, FOR
 EACH PROCESSING ACTIVITY, ALLOW THE INDIVIDUAL TO  REVOKE  AUTHORIZATION
 IN THE SAME PLACE WITH ONE MOTION OR ACTION.
   (D)  UPON  OBTAINING VALID AUTHORIZATION FROM AN INDIVIDUAL, THE REGU-
 LATED ENTITY SHALL PROVIDE THAT INDIVIDUAL A COPY OF THE  AUTHORIZATION.
 THE AUTHORIZATION SHALL BE PROVIDED IN A MANNER THAT IS CAPABLE OF BEING
 RETAINED BY THE INDIVIDUAL.
   (E) THE REGULATED ENTITY SHALL LIMIT ITS PROCESSING TO WHAT WAS CLEAR-
 LY DISCLOSED TO AN INDIVIDUAL PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVI-
 SION  WHEN THE REGULATED ENTITY RECEIVED AUTHORIZATION FROM THE INDIVID-
 UAL.
   (F) IF THE REGULATED ENTITY SEEKS TO MATERIALLY ALTER  ITS  PROCESSING
 ACTIVITIES  FOR  REGULATED  HEALTH  INFORMATION  COLLECTED  PURSUANT  TO
 A. 4983--A                          5
 
 AUTHORIZATION, THE REGULATED ENTITY SHALL OBTAIN A NEW AUTHORIZATION FOR
 THE NEW OR ALTERED PROCESSING ACTIVITY.
   (G) PROVIDING A PRODUCT OR SERVICE REQUESTED BY AN INDIVIDUAL MUST NOT
 BE MADE CONTINGENT ON PROVIDING AUTHORIZATION. THE REGULATED ENTITY MUST
 NOT  DISCRIMINATE  AGAINST  AN INDIVIDUAL FOR WITHHOLDING AUTHORIZATION,
 SUCH AS BY CHARGING DIFFERENT PRICES OR RATES FOR PRODUCTS OR  SERVICES,
 INCLUDING  THROUGH  THE  USE  OF  DISCOUNTS  OR OTHER BENEFITS, IMPOSING
 PENALTIES, OR PROVIDING A DIFFERENT LEVEL  OR  QUALITY  OF  SERVICES  OR
 GOODS TO THE INDIVIDUAL.
   3.  A  REGULATED  ENTITY  THAT  PROCESSES REGULATED HEALTH INFORMATION
 PURSUANT TO A PERMISSIBLE PURPOSE PURSUANT TO SUBPARAGRAPH (II) OF PARA-
 GRAPH (B) OF SUBDIVISION ONE OF  THIS  SECTION  SHALL  COMPLY  WITH  THE
 FOLLOWING:
   (A) A REGULATED ENTITY SHALL PROVIDE CLEAR AND CONSPICUOUS NOTICE THAT
 DESCRIBES:
   (I) THE TYPES OF REGULATED HEALTH INFORMATION TO BE PROCESSED;
   (II) THE NATURE OF THE PROCESSING ACTIVITY;
   (III) THE SPECIFIC PURPOSES FOR SUCH PROCESSING;
   (IV)  THE  NAMES  WHERE  READILY  AVAILABLE,  OR CATEGORIES OF SERVICE
 PROVIDERS AND THIRD PARTIES TO WHICH THE REGULATED ENTITY  MAY  DISCLOSE
 THE  INDIVIDUAL'S REGULATED HEALTH INFORMATION AND THE PURPOSES FOR SUCH
 DISCLOSURE, INCLUDING THE CIRCUMSTANCES UNDER WHICH THE REGULATED ENTITY
 MAY DISCLOSE REGULATED HEALTH INFORMATION TO LAW ENFORCEMENT; AND
   (V) THE MECHANISM BY WHICH THE INDIVIDUAL MAY REQUEST  ACCESS  TO  AND
 DELETION OF THEIR REGULATED HEALTH INFORMATION.
   (B)  IF  THE  REGULATED ENTITY MATERIALLY ALTERS ITS PROCESSING ACTIV-
 ITIES FOR REGULATED HEALTH INFORMATION COLLECTED PURSUANT TO A PERMISSI-
 BLE PURPOSE, THE REGULATED ENTITY MUST PROVIDE A CLEAR  AND  CONSPICUOUS
 NOTICE  IN  PLAIN  LANGUAGE,  SEPARATE  FROM  A PRIVACY POLICY, TERMS OF
 SERVICE, OR SIMILAR DOCUMENT, THAT DESCRIBES ANY MATERIAL CHANGES TO THE
 PROCESSING ACTIVITIES AND PROVIDE THE INDIVIDUAL WITH AN OPPORTUNITY  TO
 REQUEST DELETION OF THEIR REGULATED HEALTH INFORMATION.
   § 1103. INDIVIDUAL RIGHTS. 1. (A) A REGULATED ENTITY SHALL MAKE AVAIL-
 ABLE  AN  EFFECTIVE,  EFFICIENT,  AND  EASY-TO-USE  MECHANISM THROUGH AN
 INTERFACE REGULARLY USED IN  CONJUNCTION  WITH  THE  REGULATED  ENTITY'S
 PRODUCT  OR  SERVICE  BY WHICH AN INDIVIDUAL MAY REQUEST ACCESS TO THEIR
 REGULATED HEALTH INFORMATION.
   (B) WITHIN THIRTY DAYS OF RECEIVING AN ACCESS REQUEST,  THE  REGULATED
 ENTITY  SHALL  MAKE AVAILABLE A COPY OF ALL REGULATED HEALTH INFORMATION
 ABOUT THE INDIVIDUAL THAT THE REGULATED ENTITY MAINTAINS OR THAT SERVICE
 PROVIDERS MAINTAIN ON BEHALF OF THE REGULATED ENTITY.
   2. (A) A REGULATED ENTITY SHALL MAKE  AVAILABLE  AN  EFFECTIVE,  EFFI-
 CIENT,  AND EASY-TO-USE MECHANISM THROUGH AN INTERFACE REGULARLY USED IN
 CONJUNCTION WITH THE REGULATED ENTITY'S PRODUCT OR SERVICE BY  WHICH  AN
 INDIVIDUAL  MAY  REQUEST THE DELETION OF THEIR REGULATED HEALTH INFORMA-
 TION.
   (B) AN INDIVIDUAL'S DELETION OR CANCELLATION OF THEIR  ONLINE  ACCOUNT
 SHALL  BE  TREATED  AS  A  REQUEST  TO DELETE THE INDIVIDUAL'S REGULATED
 HEALTH INFORMATION.
   (C) WITHIN THIRTY DAYS OF RECEIVING A DELETION REQUEST, THE  REGULATED
 ENTITY SHALL:
   (I)  DELETE ALL REGULATED HEALTH INFORMATION ASSOCIATED WITH THE INDI-
 VIDUAL IN THE REGULATED ENTITY'S POSSESSION OR CONTROL,  EXCEPT  TO  THE
 EXTENT  NECESSARY  TO  COMPLY  WITH  THE  REGULATED ENTITY'S LEGAL OBLI-
 GATIONS; AND
 A. 4983--A                          6

   (II) UNLESS IT PROVES IMPOSSIBLE OR INVOLVES  DISPROPORTIONATE  EFFORT
 THAT  IS DOCUMENTED IN WRITING BY THE REGULATED ENTITY, COMMUNICATE SUCH
 REQUEST TO EACH SERVICE PROVIDER OR THIRD PARTY THAT PROCESSED THE INDI-
 VIDUAL'S REGULATED HEALTH INFORMATION IN CONNECTION WITH  A  TRANSACTION
 INVOLVING  THE  REGULATED  ENTITY WITHIN ONE YEAR PRECEDING THE INDIVID-
 UAL'S REQUEST.
   (D) ANY SERVICE PROVIDER OR THIRD PARTY THAT  RECEIVES  NOTICE  OF  AN
 INDIVIDUAL'S  DELETION REQUEST SHALL WITHIN THIRTY DAYS DELETE ALL REGU-
 LATED  HEALTH  INFORMATION  ASSOCIATED  WITH  THE  INDIVIDUAL   IN   ITS
 POSSESSION OR CONTROL, EXCEPT TO THE EXTENT NECESSARY TO COMPLY WITH ITS
 LEGAL OBLIGATIONS.
   3. ANY RIGHT SET FORTH IN THIS SECTION MAY BE EXERCISED AT ANY TIME BY
 THE INDIVIDUAL WHO IS THE SUBJECT OF THE REGULATED HEALTH INFORMATION OR
 AN AGENT AUTHORIZED BY SUCH INDIVIDUAL.
   §  1104.  SECURITY.  1.  IN GENERAL, A REGULATED ENTITY SHALL DEVELOP,
 IMPLEMENT, AND MAINTAIN REASONABLE ADMINISTRATIVE, TECHNICAL, AND  PHYS-
 ICAL  SAFEGUARDS TO PROTECT THE SECURITY, CONFIDENTIALITY, AND INTEGRITY
 OF REGULATED HEALTH INFORMATION.
   2. A REGULATED ENTITY MUST SECURELY DISPOSE OF AN  INDIVIDUAL'S  REGU-
 LATED  HEALTH  INFORMATION  PURSUANT  TO  A PUBLICLY AVAILABLE RETENTION
 SCHEDULE WITHIN A REASONABLE TIME, AND IN  NO  EVENT  LATER  THAN  SIXTY
 DAYS,  AFTER  IT  IS NO LONGER NECESSARY TO MAINTAIN FOR THE PERMISSIBLE
 PURPOSE OR PURPOSES IDENTIFIED IN THE NOTICE OR FOR WHICH THE INDIVIDUAL
 PROVIDED VALID AUTHORIZATION.
   § 1105. SERVICE PROVIDERS. 1. IN GENERAL, ANY PROCESSING OF  REGULATED
 HEALTH INFORMATION BY A SERVICE PROVIDER ON BEHALF OF A REGULATED ENTITY
 SHALL  BE GOVERNED BY A WRITTEN, BINDING AGREEMENT. SUCH AGREEMENT SHALL
 CLEARLY SET FORTH INSTRUCTIONS FOR PROCESSING REGULATED HEALTH  INFORMA-
 TION,  THE NATURE AND PURPOSE OF PROCESSING, THE DURATION OF PROCESSING,
 AND THE RIGHTS AND OBLIGATIONS OF BOTH PARTIES.
   2. AN AGREEMENT PURSUANT TO SUBDIVISION  ONE  OF  THIS  SECTION  SHALL
 REQUIRE THAT THE SERVICE PROVIDER:
   (A) ENSURE THAT EACH PERSON PROCESSING REGULATED HEALTH INFORMATION IS
 SUBJECT TO A DUTY OF CONFIDENTIALITY WITH RESPECT TO SUCH INFORMATION;
   (B)  PROTECT  REGULATED HEALTH INFORMATION IN A MANNER CONSISTENT WITH
 THE REQUIREMENTS OF THIS ARTICLE;
   (C) PROCESS REGULATED HEALTH INFORMATION ONLY WHEN AND TO  THE  EXTENT
 NECESSARY TO COMPLY WITH ITS OBLIGATIONS TO THE REGULATED ENTITY;
   (D)  NOT  COMBINE  THE  REGULATED HEALTH INFORMATION WHICH THE SERVICE
 PROVIDER RECEIVES FROM OR ON BEHALF OF THE  REGULATED  ENTITY  WITH  ANY
 OTHER  PERSONAL  INFORMATION WHICH THE SERVICE PROVIDER RECEIVES FROM OR
 ON BEHALF OF ANOTHER PARTY OR COLLECTS FROM ITS  OWN  RELATIONSHIP  WITH
 INDIVIDUALS;
   (E)  COMPLY WITH ANY EXERCISES OF AN INDIVIDUAL'S RIGHTS UNDER SECTION
 ELEVEN HUNDRED THREE OF THIS ARTICLE UPON THE REQUEST OF  THE  REGULATED
 ENTITY  AND  NOTIFY  ANY  SERVICE PROVIDERS OR THIRD PARTIES TO WHICH IT
 DISCLOSED REGULATED HEALTH INFORMATION OF THE REQUEST;
   (F) DELETE OR RETURN ALL REGULATED HEALTH INFORMATION TO THE REGULATED
 ENTITY AT THE END OF THE PROVISION OF SERVICES, UNLESS RETENTION OF  THE
 REGULATED HEALTH INFORMATION IS REQUIRED BY LAW;
   (G)  UPON  THE REASONABLE REQUEST OF THE REGULATED ENTITY, MAKE AVAIL-
 ABLE TO THE REGULATED ENTITY ALL DATA IN  ITS  POSSESSION  NECESSARY  TO
 DEMONSTRATE  THE  SERVICE  PROVIDER'S COMPLIANCE WITH THE OBLIGATIONS IN
 THIS SECTION;
   (H) ALLOW, AND COOPERATE WITH, REASONABLE ASSESSMENTS BY THE REGULATED
 ENTITY OR THE REGULATED ENTITY'S DESIGNATED  ASSESSOR  FOR  PURPOSES  OF
 A. 4983--A                          7
 
 EVALUATING COMPLIANCE WITH THE OBLIGATIONS OF THIS ARTICLE; ALTERNATIVE-
 LY,  THE  SERVICE  PROVIDER  MAY ARRANGE FOR A QUALIFIED AND INDEPENDENT
 ASSESSOR TO CONDUCT AN ASSESSMENT OF THE PROCESSOR'S POLICIES AND  TECH-
 NICAL  AND  ORGANIZATIONAL  MEASURES IN SUPPORT OF THE OBLIGATIONS UNDER
 THIS ARTICLE USING AN  APPROPRIATE  AND  ACCEPTED  CONTROL  STANDARD  OR
 FRAMEWORK  AND  ASSESSMENT  PROCEDURE  FOR SUCH ASSESSMENTS. THE SERVICE
 PROVIDER SHALL PROVIDE A REPORT OF  SUCH  ASSESSMENT  TO  THE  REGULATED
 ENTITY UPON REQUEST;
   (I)  A  REASONABLE  TIME  IN ADVANCE BEFORE DISCLOSING OR TRANSFERRING
 REGULATED HEALTH INFORMATION TO ANY FURTHER  SERVICE  PROVIDERS,  NOTIFY
 THE  REGULATED  ENTITY  OF SUCH A PROPOSED DISCLOSURE OR TRANSFER, WHICH
 MAY BE IN THE FORM OF  A  REGULARLY  UPDATED  LIST  OF  FURTHER  SERVICE
 PROVIDERS THAT MAY ACCESS REGULATED HEALTH INFORMATION; AND
   (J) ENGAGE ANY FURTHER SERVICE PROVIDER PURSUANT TO A WRITTEN, BINDING
 AGREEMENT  THAT  INCLUDES  THE CONTRACTUAL REQUIREMENTS PROVIDED IN THIS
 SECTION, CONTAINING AT MINIMUM THE SAME  OBLIGATIONS  THAT  THE  SERVICE
 PROVIDER HAS ENTERED INTO WITH REGARD TO REGULATED HEALTH INFORMATION.
   § 1106. EXEMPTIONS. NOTHING IN THIS ARTICLE SHALL APPLY TO:
   1. INFORMATION PROCESSED BY LOCAL, STATE, AND FEDERAL GOVERNMENTS, AND
 MUNICIPAL CORPORATIONS;
   2.  PROTECTED HEALTH INFORMATION THAT IS COLLECTED BY A COVERED ENTITY
 OR BUSINESS ASSOCIATE GOVERNED BY  THE  PRIVACY,  SECURITY,  AND  BREACH
 NOTIFICATION  RULES ISSUED BY THE UNITED STATES DEPARTMENT OF HEALTH AND
 HUMAN SERVICES, PARTS 160 AND 164 OF TITLE 45 OF  THE  CODE  OF  FEDERAL
 REGULATIONS,  ESTABLISHED  PURSUANT  TO THE HEALTH INSURANCE PORTABILITY
 AND ACCOUNTABILITY ACT OF 1996  (PUBLIC  LAW  104-191)  AND  THE  HEALTH
 INFORMATION  TECHNOLOGY FOR ECONOMIC AND CLINICAL HEALTH ACT (PUBLIC LAW
 111-5);
   3. ANY COVERED ENTITY GOVERNED BY THE PRIVACY,  SECURITY,  AND  BREACH
 NOTIFICATION  RULES ISSUED BY THE UNITED STATES DEPARTMENT OF HEALTH AND
 HUMAN SERVICES, PARTS 160 AND 164 OF TITLE 45 OF  THE  CODE  OF  FEDERAL
 REGULATIONS,  ESTABLISHED  PURSUANT  TO THE HEALTH INSURANCE PORTABILITY
 AND ACCOUNTABILITY ACT OF 1996 (PUBLIC LAW 104-191), TO THE  EXTENT  THE
 COVERED  ENTITY  MAINTAINS  PATIENT  INFORMATION  IN  THE SAME MANNER AS
 PROTECTED HEALTH INFORMATION AS DESCRIBED IN  SUBDIVISION  TWO  OF  THIS
 SECTION;
   4.  INFORMATION  COLLECTED  AS PART OF A CLINICAL TRIAL SUBJECT TO THE
 FEDERAL POLICY FOR THE PROTECTION OF HUMAN SUBJECTS, ALSO KNOWN  AS  THE
 COMMON RULE, PURSUANT TO GOOD CLINICAL PRACTICE GUIDELINES ISSUED BY THE
 INTERNATIONAL  COUNCIL  FOR  HARMONISATION  OR PURSUANT TO HUMAN SUBJECT
 PROTECTION REQUIREMENTS OF THE UNITED  STATES  FOOD  AND  DRUG  ADMINIS-
 TRATION;
   5.  INFORMATION  PROCESSED  PURSUANT TO THE FEDERAL FAMILY EDUCATIONAL
 RIGHTS AND PRIVACY ACT (20 U.S.C. SEC. 1232G) AND ITS IMPLEMENTING REGU-
 LATIONS;
   6. INFORMATION PROCESSED PURSUANT TO SECTION TWO-D  OF  THE  EDUCATION
 LAW; AND
   7.  INFORMATION  PROCESSED  PURSUANT  TO  THE FEDERAL DRIVER'S PRIVACY
 PROTECTION ACT OF 1994 (18 U.S.C.  SEC. 2721 ET SEQ).
   § 1107. ENFORCEMENT. 1. WHENEVER IT APPEARS TO THE  ATTORNEY  GENERAL,
 EITHER  UPON  COMPLAINT OR OTHERWISE, THAT ANY PERSON OR PERSONS, WITHIN
 OR OUTSIDE THE STATE, HAS ENGAGED IN OR IS ABOUT TO ENGAGE IN ANY OF THE
 ACTS OR PRACTICES STATED TO BE UNLAWFUL UNDER THIS ARTICLE, THE ATTORNEY
 GENERAL MAY BRING AN ACTION OR SPECIAL PROCEEDING IN  THE  NAME  AND  ON
 BEHALF OF THE PEOPLE OF THE STATE OF NEW YORK TO ENJOIN ANY VIOLATION OF
 THIS  ARTICLE,  TO OBTAIN RESTITUTION OF ANY MONEYS OR PROPERTY OBTAINED
 A. 4983--A                          8
 
 DIRECTLY OR INDIRECTLY BY ANY SUCH VIOLATION, TO OBTAIN DISGORGEMENT  OF
 ANY  PROFITS  OBTAINED  DIRECTLY OR INDIRECTLY BY ANY SUCH VIOLATION, TO
 OBTAIN CIVIL PENALTIES OF NOT MORE THAN  FIFTEEN  THOUSAND  DOLLARS  PER
 VIOLATION  OR TWENTY PERCENT OF REVENUE OBTAINED FROM NEW YORK CONSUMERS
 WITHIN THE PAST FISCAL YEAR, WHICHEVER IS GREATER,  AND  TO  OBTAIN  ANY
 SUCH  OTHER  AND  FURTHER RELIEF AS THE COURT MAY DEEM PROPER, INCLUDING
 PRELIMINARY RELIEF.
   2. THE REMEDIES PROVIDED BY THIS SECTION SHALL BE IN ADDITION  TO  ANY
 OTHER LAWFUL REMEDY AVAILABLE.
   3.  ANY  ACTION  OR SPECIAL PROCEEDING BROUGHT BY THE ATTORNEY GENERAL
 PURSUANT TO THIS SECTION MUST BE COMMENCED WITHIN SIX YEARS OF THE  DATE
 ON WHICH THE ATTORNEY GENERAL BECAME AWARE OF THE VIOLATION.
   4.  IN CONNECTION WITH ANY PROPOSED ACTION OR SPECIAL PROCEEDING UNDER
 THIS SECTION, THE ATTORNEY GENERAL IS AUTHORIZED TO TAKE PROOF AND  MAKE
 A DETERMINATION OF THE RELEVANT FACTS, AND TO ISSUE SUBPOENAS IN ACCORD-
 ANCE  WITH  THE  CIVIL  PRACTICE LAW AND RULES. THE ATTORNEY GENERAL MAY
 ALSO REQUIRE SUCH OTHER DATA AND INFORMATION AS HE OR SHE MAY DEEM RELE-
 VANT AND MAY REQUIRE WRITTEN RESPONSES TO  QUESTIONS  UNDER  OATH.  SUCH
 POWER OF SUBPOENA AND EXAMINATION SHALL NOT ABATE OR TERMINATE BY REASON
 OF  ANY  ACTION  OR  SPECIAL  PROCEEDING BROUGHT BY THE ATTORNEY GENERAL
 UNDER THIS ARTICLE.
   5. THIS SECTION SHALL APPLY TO ALL ACTS DECLARED  TO  BE  UNLAWFUL  IN
 THIS ARTICLE, WHETHER OR NOT SUBJECT TO ANY OTHER LAW OF THIS STATE, AND
 SHALL  NOT  SUPERSEDE, AMEND OR REPEAL ANY OTHER LAW OF THIS STATE UNDER
 WHICH THE ATTORNEY GENERAL IS AUTHORIZED TO TAKE ANY ACTION  OR  CONDUCT
 ANY INQUIRY.
   6.  ANY INDIVIDUAL WHO HAS BEEN INJURED BY A VIOLATION OF THIS ARTICLE
 MAY BRING AN ACTION IN THEIR OWN NAME IN ANY COURT OF  COMPETENT  JURIS-
 DICTION  TO  ENJOIN  SUCH  UNLAWFUL ACT OR PRACTICE AND TO RECOVER THEIR
 ACTUAL DAMAGES OR FIVE THOUSAND DOLLARS  PER  INDIVIDUAL,  WHICHEVER  IS
 GREATER.  THE  COURT  SHALL  ALSO  AWARD REASONABLE ATTORNEY'S FEES TO A
 PREVAILING PLAINTIFF. ACTIONS PURSUANT TO THIS SECTION MAY BE BROUGHT ON
 A CLASS-WIDE BASIS.
   7. THE ATTORNEY GENERAL MAY PROMULGATE SUCH RULES AND  REGULATIONS  AS
 ARE NECESSARY TO EFFECTUATE AND ENFORCE THE PROVISIONS OF THIS SECTION.
   §  2.  Severability.  If any clause, sentence, paragraph, subdivision,
 section or part of this act shall be adjudged by any court of  competent
 jurisdiction  to  be invalid, such judgment shall not affect, impair, or
 invalidate the remainder thereof, but shall be confined in its operation
 to the clause, sentence, paragraph, subdivision, section or part thereof
 directly involved in the controversy in which such judgment  shall  have
 been rendered. It is hereby declared to be the intent of the legislature
 that  this  act  would have been enacted even if such invalid provisions
 had not been included herein.
   § 3. This act shall take effect July 1, 2024.