S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8292
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             November 27, 2023
                                ___________
 
 Introduced  by M. of A. BURKE -- read once and referred to the Committee
   on Health
 
 AN ACT to amend the public health law, in relation to  establishing  the
   central healthcare data system
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The public health law is amended by adding  a  new  section
 18-c to read as follows:
   §  18-C.  CENTRAL  HEALTHCARE DATA SYSTEM. 1. FOR THE PURPOSES OF THIS
 SECTION:
   (A) THE TERM "AUTHORIZED USER" SHALL MEAN ANY PERSON OR ENTITY AUTHOR-
 IZED BY A PATIENT TO PROVIDE  INFORMATION  ON  SUCH  PATIENT  TO  OR  TO
 RECEIVE  INFORMATION ABOUT SUCH PATIENT FROM THE CENTRAL HEALTHCARE DATA
 SYSTEM AND SHALL INCLUDE, BUT NOT BE LIMITED TO, HEALTH  CARE  PROVIDERS
 AND THEIR DESIGNEES, REGISTERED PROFESSIONAL NURSES, AND PHARMACISTS. AN
 AUTHORIZED  USER  MAY BE LOCATED OUTSIDE NEW YORK STATE. AN ENTITY SHALL
 BE AN AUTHORIZED USER ONLY WITH  RESPECT  TO  THEIR  PATIENTS  WHO  HAVE
 AUTHORIZED ACCESS TO SUCH PATIENTS' INFORMATION WITHIN THE SYSTEM.
   (B) THE TERM "CENTRAL HEALTHCARE DATA SYSTEM" OR "SYSTEM" SHALL MEAN A
 STATEWIDE  COMPUTERIZED DATABASE MAINTAINED BY THE DEPARTMENT CAPABLE OF
 COLLECTING, STORING, AND DISCLOSING ELECTRONIC AND PAPER MEDICAL RECORDS
 AND INFORMATION.
   (C) THE TERM "PATIENT" SHALL MEAN A  PERSON  SEEKING  OR  RECEIVING  A
 HEALTH CARE SERVICE FROM THE HEALTH CARE PROVIDER.
   2. THE DEPARTMENT IS HEREBY DIRECTED TO ESTABLISH A CENTRAL HEALTHCARE
 DATA SYSTEM THAT SHALL:
   (A)  COLLECT  MEDICAL  RECORDS  AND  INFORMATION  FROM  AND DISTRIBUTE
 MEDICAL RECORDS AND INFORMATION  TO  AUTHORIZED  USERS  TO  ENSURE  SUCH
 AUTHORIZED  USERS  ARE AWARE OF A PATIENT'S ENTIRE MEDICAL HISTORY SO AS
 TO ENSURE THE HIGHEST QUALITY OF HEALTH CARE IS PROVIDED;
   (B) ESTABLISH THE PUBLIC HEALTH INFRASTRUCTURE  NECESSARY  TO  OBTAIN,
 COLLECT, PRESERVE, AND DISCLOSE MEDICAL RECORDS AND INFORMATION; AND
   (C)  PROTECT THE CONFIDENTIALITY OF AN INDIVIDUAL'S IDENTIFYING INFOR-
 MATION AND THE PRIVACY OF PERSONS INCLUDED IN THE SYSTEM.
 
              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13042-01-3
 A. 8292                             2
 
   3. (A) ALL AUTHORIZED USERS SHALL  PROVIDE  ALL  MEDICAL  RECORDS  AND
 INFORMATION  ON  THEIR  PATIENTS  TO  THE CENTRAL HEALTHCARE DATA SYSTEM
 WITHIN FOURTEEN DAYS OF  SUCH  MEDICAL  RECORDS  AND  INFORMATION  BEING
 CREATED.
   (B) ALL AUTHORIZED USERS SHALL RETRIEVE ALL MEDICAL RECORDS AND INFOR-
 MATION  ON THEIR PATIENTS FROM THE CENTRAL HEALTHCARE DATA SYSTEM BEFORE
 PROVIDING ANY HEALTHCARE SERVICES; PROVIDED, HOWEVER, AN AUTHORIZED USER
 SHALL RETRIEVE ALL MEDICAL RECORDS AND  INFORMATION  ON  THEIR  PATIENTS
 FROM  THE  CENTRAL  HEALTHCARE  DATA  SYSTEM WITHIN TWENTY-FOUR HOURS OF
 BEGINNING TO PROVIDE ANY HEALTHCARE SERVICES WHERE EMERGENCY  HEALTHCARE
 SERVICES  WERE  REQUIRED  TO  PROTECT  THE  LIFE  AND  WELL-BEING OF THE
 PATIENT.
   4.  (A)  ALL  INFORMATION  MAINTAINED  BY  THE  DEPARTMENT  UNDER  THE
 PROVISIONS  OF THIS SECTION SHALL BE CONFIDENTIAL EXCEPT AS NECESSARY TO
 CARRY OUT THE PROVISIONS OF THIS SECTION AND SHALL NOT BE  RELEASED  FOR
 ANY OTHER PURPOSE.
   (B)  NO  AUTHORIZED  USER  TO  WHOM MEDICAL RECORDS AND INFORMATION IS
 FURNISHED BY THE SYSTEM SHALL DIVULGE ANY PART THEREOF,  EXCEPT  INSOFAR
 AS  SUCH  DISCLOSURE IS NECESSARY FOR THE BEST INTERESTS OF THE PATIENT,
 CONSISTENT WITH THE PURPOSES OF THIS SECTION.
   5. SUBMISSION OF INCOMPLETE MEDICAL RECORDS AND INFORMATION SHALL  NOT
 PROHIBIT  ENTRY  OF  INCOMPLETE  BUT  VIABLE  DATA  INTO THE SYSTEM. ALL
 AUTHORIZED USERS SHALL PROVIDE THE DEPARTMENT WITH ADDITIONAL OR  CLARI-
 FYING  INFORMATION  UPON  REQUEST  REASONABLY RELATED TO THE PURPOSES OF
 THIS SECTION.
   6. (A) ACCESS AND USE OF THE SYSTEM SHALL  BE  LIMITED  TO  AUTHORIZED
 USERS.    THE  COMMISSIONER  SHALL  PROVIDE A METHOD BY WHICH AUTHORIZED
 USERS SHALL APPLY FOR ACCESS TO THE SYSTEM.
   (B) THE COMMISSIONER MAY JUDGE  THE  LEGITIMACY  OF  ANY  REQUEST  FOR
 ACCESS AND USE OF THE SYSTEM AND MAY REFUSE SUCH ACCESS AND USE BASED ON
 THE  AUTHENTICITY  OF THE REQUEST, CREDIBILITY OF THE AUTHORIZED USER OR
 OTHER REASONS AS PROVIDED FOR BY THE COMMISSIONER.
   7. ANY PATIENT, OR HIS OR HER PARENT, OR GUARDIAN, OR OTHER PERSON  IN
 PARENTAL  OR  CUSTODIAL  RELATION FOR PERSONS UNDER THE AGE OF EIGHTEEN,
 WHO HAS ANY MEDICAL RECORDS AND INFORMATION IN THE SYSTEM MAY REQUEST  A
 COPY  OF  SUCH  MEDICAL  RECORDS AND INFORMATION ACCORDING TO PROCEDURES
 ESTABLISHED BY THE COMMISSIONER.
   8. THE COMMISSIONER  SHALL  PROMULGATE  REGULATIONS  AS  NECESSARY  TO
 EFFECTUATE  THE  PROVISIONS  OF  THIS  SECTION.  SUCH  REGULATIONS SHALL
 INCLUDE PROVISIONS FOR  ORDERLY  IMPLEMENTATION  AND  OPERATION  OF  THE
 SYSTEM,  INCLUDING  THE METHOD BY WHICH EACH CATEGORY OF AUTHORIZED USER
 MAY ACCESS THE SYSTEM. ACCESS STANDARDS SHALL INCLUDE  AT  A  MINIMUM  A
 METHOD  FOR  ASSIGNING  AND  AUTHENTICATING EACH USER IDENTIFICATION AND
 PASSWORD ASSIGNED.
   9. NO AUTHORIZED USER SHALL BE SUBJECTED TO CIVIL OR CRIMINAL  LIABIL-
 ITY, OR BE DEEMED TO HAVE ENGAGED IN UNPROFESSIONAL CONDUCT, FOR REPORT-
 ING TO, RECEIVING FROM, OR DISCLOSING INFORMATION RELATING TO THE SYSTEM
 WHEN  MADE  REASONABLY  AND  IN  GOOD  FAITH  AND IN ACCORDANCE WITH THE
 PROVISIONS OF THIS SECTION OR ANY REGULATION ADOPTED THERETO.
   § 2. This act shall take effect one year after it shall have become  a
 law. Effective immediately, the addition, amendment and/or repeal of any
 rule  or  regulation necessary for the implementation of this act on its
 effective date are authorized to be made and completed on or before such
 effective date.