S T A T E O F N E W Y O R K
________________________________________________________________________
8884--A
I N A S S E M B L Y
January 26, 2024
___________
Introduced by M. of A. LUNSFORD, TAPIA -- read once and referred to the
Committee on Health -- recommitted to the Committee on Health in
accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
AN ACT to amend the public health law, in relation to requiring all
health information systems or electronic health record systems to
segregate certain patient information from the rest of such patient's
medical record
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 18-a of section 206 of the public health law is
amended by adding a new paragraph (e) to read as follows:
(E) WITHIN ONE HUNDRED EIGHTY DAYS FROM THE EFFECTIVE DATE OF THIS
PARAGRAPH, THE COMMISSIONER SHALL ESTABLISH RULES AND REGULATIONS
CONSISTENT WITH STATE AND FEDERAL LAW AND REGULATIONS, INCLUDING BUT NOT
LIMITED TO ARTICLE THIRTY-THREE OF THE MENTAL HYGIENE LAW AND SECTION
TWENTY-SEVEN HUNDRED EIGHTY-TWO OF THIS CHAPTER, REQUIRING ANY HEALTH
INFORMATION SYSTEM OR ELECTRONIC HEALTH RECORD SYSTEM OPERATING IN THE
STATE OF NEW YORK THAT ELECTRONICALLY STORES OR MAINTAINS MEDICAL INFOR-
MATION, ELECTRONIC HEALTH RECORDS, PERSONAL HEALTH RECORDS, HEALTH CARE
CLAIMS, PAYMENT AND OTHER ADMINISTRATIVE DATA ON BEHALF OF A PROVIDER OF
HEALTH CARE, HEALTH CARE SERVICE PLAN, PHARMACEUTICAL COMPANY, CONTRAC-
TOR, OR EMPLOYER TO DEVELOP CAPABILITIES, POLICIES, AND PROCEDURES TO:
(I) SEGREGATE HEALTH INFORMATION RELATED TO REPRODUCTIVE HEALTH
SERVICES AS DEFINED IN PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION
SIXTY-FIVE HUNDRED THIRTY-ONE-B OF THE EDUCATION LAW, GENDER-AFFIRMING
CARE AS DEFINED IN PARAGRAPH (C) OF SUBDIVISION ONE OF SECTION SIXTY-
FIVE HUNDRED THIRTY-ONE-B OF THE EDUCATION LAW, CARE PROTECTED UNDER 42
CFR PART 2, DIAGNOSIS AND TREATMENT FOR A SEXUALLY TRANSMITTED INFECTION
OR HIV, MENTAL HEALTH SERVICES, ALCOHOL OR SUBSTANCE USE TREATMENT, AND
ANY OTHER HEALTH CARE SERVICES DETERMINED BY THE COMMISSIONER THROUGH
REGULATIONS, IN CONSULTATION WITH MEDICAL PROVIDERS AND PATIENT ADVO-
CATES, FROM THE REST OF THE PATIENT'S RECORD;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13926-04-4
A. 8884--A 2
(II) LIMIT USER ACCESS PRIVILEGES TO HEALTH INFORMATION SEGREGATED
PURSUANT TO SUBPARAGRAPH (I) OF THIS PARAGRAPH TO ONLY THOSE PERSONS
WHOM THE PATIENT HAS SPECIFICALLY AUTHORIZED TO ACCESS THE HEALTH INFOR-
MATION;
(III) PROVIDE THE ABILITY TO AUTOMATICALLY DISABLE ACCESS TO HEALTH
INFORMATION SEGREGATED PURSUANT TO SUBPARAGRAPH (I) OF THIS PARAGRAPH BY
INDIVIDUALS AND ENTITIES IN ANOTHER STATE WITH THE DOCUMENTED AUTHORI-
ZATION OF THE PATIENT; AND
(IV) UNLESS OTHERWISE ORDERED BY A COURT OF COMPETENT JURISDICTION,
NOTIFY THE PATIENT AND THE PROVIDER WHO RENDERED THE CARE DOCUMENTED IN
THE HEALTH INFORMATION SEGREGATED PURSUANT TO SUBPARAGRAPH (I) OF THIS
PARAGRAPH AT LEAST THIRTY DAYS PRIOR TO COMPLYING WITH A CIVIL, CRIMI-
NAL, OR REGULATORY INQUIRY, INVESTIGATION, SUBPOENA, OR SUMMONS FOR
HEALTH INFORMATION SEGREGATED PURSUANT TO SUBPARAGRAPH (I) OF THIS PARA-
GRAPH.
§ 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law. Effective immediately, the addition, amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation of this act on its effective date are authorized to be made and
completed on or before such effective date.