S T A T E   O F   N E W   Y O R K
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                                  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.