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.