NY State Senate Bill 2023-S7879

Senate Bill S7879

2023-2024 Legislative Session

Requires all health information systems or electronic health record systems to segregate certain patient information from the rest of such patient's medical record

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Current Bill Status - In Senate Committee Health Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 21, 2024	print number 7879a
Feb 21, 2024	amend and recommit to health
Jan 03, 2024	referred to health

Bill Amendments

Original

A (Active)

co-Sponsors

2023-S7879 - Details

See Assembly Version of this Bill:: A8884
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §206, Pub Health L

2023-S7879 - Summary

Requires the commissioner of health to establish rules and regulations requiring that all health information systems or electronic health record systems segregate certain patient information related to reproductive health services, gender-affirming care, sexually transmitted diseases, mental health services, alcohol or substance abuse treatment and other information from the rest of such patient's medical record.

2023-S7879 - Sponsor Memo

                                 
BILL NUMBER: S7879

SPONSOR: FERNANDEZ
 
TITLE OF BILL:

An act to amend the public health law, in relation to requiring all
health information systems or electronic health record systems to segre-
gate certain patient information from the rest of such patient's medical
record

 
PURPOSE OR GENERAL IDEA OF BILL:

To ensure patients have the ability to disclose only the medical records
they wish to health information systems.

 
SUMMARY OF PROVISIONS:

Section 1 requires the commissioner to establish rules and regulations
regarding segregating patient information from health information
systems or electronic health record systems.

Section 2 sets the effective date.

 
JUSTIFICATION:

Electronic health records improve the quality of health care by ensuring
that every provider who sees a patient has access to their medical
history. But the information in a patient's electronic health record may
be shared across state lines automatically and by default.  In a post-
Dobbs world, as other states move to criminalize abortion care and
gender affirming care, this automatic sharing can put New York patients
who travel or move to ban states, as well as the New York providers who
care for them, at risk of criminalization. It also poses risks of
discrimination for New York patients who later see New York providers
who oppose abortion, gender affirming care, or other sensitive types of
health care they previously received.

Electronic health records are records-based systems, which means that a
patient's entire medical record is available to all providers with
access to the system or none of their record is shared. This legislation
would require that electronic health record companies create the ability
to segment electronic health records and suppress sensitive health
information at a patient's direction. It would enable patients to reap
the health benefits of electronic health records without risking that
information about their abortion, gender affirming care, or other sensi-
tive health care will be shared against their will and used against
them.

 
PRIOR LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:

TBD

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S7879 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7879
 
                             I N  S E N A T E
 
                              January 3, 2024
                                ___________
 
 Introduced by Sen. FERNANDEZ -- read twice and ordered printed, and when
   printed to be committed to the Committee on Health
 
 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
 REQUIRING  ANY  HEALTH  INFORMATION  SYSTEM  OR ELECTRONIC HEALTH RECORD
 SYSTEM OPERATING IN THE STATE OF NEW YORK THAT ELECTRONICALLY STORES  OR
 MAINTAINS  MEDICAL  INFORMATION,  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, CONTRACTOR, 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;
   (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;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13926-01-3

 S. 7879                             2
 
   (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; 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 immediately.

co-Sponsors

2023-S7879A (ACTIVE) - Details

See Assembly Version of this Bill:: A8884
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §206, Pub Health L

2023-S7879A (ACTIVE) - Summary

2023-S7879A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7879A

SPONSOR: FERNANDEZ
 
TITLE OF BILL:

An act to amend the public health law, in relation to requiring all
health information systems or electronic health record systems to segre-
gate certain patient information from the rest of such patient's medical
record

 
PURPOSE OR GENERAL IDEA OF BILL:

To ensure patients have the ability to disclose only the medical records
they wish to health information systems.

 
SUMMARY OF PROVISIONS:

Section 1 requires the commissioner to establish rules and regulations
regarding segregating patient information from health information
systems or electronic health record systems.

Section 2 sets the effective date.

 
DIFFERENCE BETWEEN THE ORIGINAL AND AMENDED VERSION:

Amended paragraph (e) provides that the promulgated regulations include
narrow exceptions to comply with State and Federal law and regulations
requiring the disclosure of certain health information.  Amended para-
graph (e)(ii) specifies that engaging the automatic disabling of "access
to health information segregated pursuant to subparagraph (i) of this
paragraph by individuals and entities in another state" shall only be
done upon the patient's written authorization.

 
JUSTIFICATION:

Electronic health records improve the quality of health care by ensuring
that every provider who sees a patient has access to their medical
history. But the information in a patient's electronic health record may
be shared across state lines automatically and by default.  In a post-
Dobbs world, as other states move to criminalize abortion care and
gender affirming care, this automatic sharing can put New York patients
who travel or move to ban states, as well as the New York providers who
care for them, at risk of criminalization. It also poses risks of
discrimination for New York patients who later see New York providers
who oppose abortion, gender affirming care, or other sensitive types of
health care they previously received.

Electronic health records are records-based systems, which means that a
patient's entire medical record is available to all providers with
access to the system or none of their record is shared. This legislation
would require that electronic health record companies create the ability
to segment electronic health records and suppress sensitive health
information at a patient's direction. It would enable patients to reap
the health benefits of electronic health records without risking that
information about their abortion, gender affirming care, or other sensi-
tive health care will be shared against their will and used against
them.

 
PRIOR LEGISLATIVE HISTORY:
New bill

 
FISCAL IMPLICATIONS:

TBD

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S7879A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7879--A
 
                             I N  S E N A T E
 
                              January 3, 2024
                                ___________
 
 Introduced  by Sens. FERNANDEZ, HINCHEY, JACKSON, WEBB -- read twice and
   ordered printed, and when printed to be committed to the Committee  on
   Health  --  committee  discharged,  bill amended, ordered reprinted as
   amended and recommitted to said committee
 
 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.
                                                            LBD13926-05-4

 S. 7879--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.

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Senate Bill S7879

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Sponsored By

Nathalia Fernandez

Current Bill Status - In Senate Committee Health Committee

Bill Amendments

co-Sponsors

Michelle Hinchey

Robert Jackson

Lea Webb

2023-S7879 - Details

2023-S7879 - Summary

2023-S7879 - Sponsor Memo

2023-S7879 - Bill Text download pdf

co-Sponsors

Michelle Hinchey

Robert Jackson

Lea Webb

2023-S7879A (ACTIVE) - Details

2023-S7879A (ACTIVE) - Summary

2023-S7879A (ACTIVE) - Sponsor Memo

2023-S7879A (ACTIVE) - Bill Text download pdf

Comments