senate Bill S158

2023-2024 Legislative Session

Creates privacy standards for electronic health products and services and permissible data brokering

download bill text pdf

Sponsored By

Current Bill Status - On Floor Calendar


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 08, 2023 advanced to third reading
Mar 01, 2023 2nd report cal.
Feb 28, 2023 1st report cal.429
Jan 04, 2023 referred to internet and technology

Votes

view votes

Feb 28, 2023 - Internet and Technology committee Vote

S158
5
1
committee
5
Aye
1
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Internet and Technology committee vote details

Internet and Technology Committee Vote: Feb 28, 2023

nay (1)
aye wr (1)

Co-Sponsors

S158 (ACTIVE) - Details

See Assembly Version of this Bill:
A4983
Law Section:
General Business Law
Laws Affected:
Add Art 42 §§1100 - 1103, Gen Bus L
Versions Introduced in 2021-2022 Legislative Session:
S9599

S158 (ACTIVE) - Summary

Creates privacy standards for electronic health products and services and permissible data brokering; requires consent to be given for the collection and/or sharing of personal health information or other personal data.

S158 (ACTIVE) - Sponsor Memo

S158 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    158
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced  by  Sen. KRUEGER -- read twice and ordered printed, and when
   printed to be committed to the Committee on Internet 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01105-01-3
 S. 158                              2

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