Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Feb 13, 2024 |
signed chap.89 delivered to governor |
Feb 06, 2024 |
returned to senate passed assembly |
Jan 29, 2024 |
ordered to third reading cal.283 substituted for a8556 referred to codes delivered to assembly passed senate |
Jan 08, 2024 |
ordered to third reading cal.72 |
Jan 05, 2024 |
referred to rules |
Senate Bill S8093
Signed By Governor2023-2024 Legislative Session
Sponsored By
(D, WF) 37th Senate District
Current Bill Status - Signed by Governor
- 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
Actions
Votes
co-Sponsors
(D, WF) 31st Senate District
2023-S8093 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A8556
- Law Section:
- Executive Law
- Laws Affected:
- Amd §837-x, Exec L; amd §3119, CPLR (as proposed in S.1066-B & A.1709-B)
2023-S8093 (ACTIVE) - Summary
Permits the commissioner of health to share deidentified information as strictly necessary to respond to a public health emergency or an imminent threat to public health, or to consult and cooperate with the appropriate agencies of the federal government or of other states in accordance with the functions, powers, and duties of the department, and may share identified information in such circumstances only when strictly necessary and with the consent of the patient.
2023-S8093 (ACTIVE) - Sponsor Memo
BILL NUMBER: S8093 SPONSOR: MAYER TITLE OF BILL: An act to amend the executive law and the civil practice law and rules, in relation to sharing of certain information PURPOSE: This is a chapter amendment that makes changes to provisions of L.2023, c.138, to provide protection to health service providers who perform legally protected health activities. SUMMARY OF PROVISIONS: This legislation clarifies how the Department of Health can share de-i- dentified information and creates an exception for the express consent requirement when a legal representative of a patient is bringing an action if a tortious action resulted in a severe injury or death, and consent is unattainable.
2023-S8093 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 8093 I N S E N A T E January 5, 2024 ___________ Introduced by Sen. MAYER -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the executive law and the civil practice law and rules, in relation to sharing of certain information THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 2 of section 837-x of the executive law, as amended and such section as renumbered by a chapter of the laws of 2023 amending the criminal procedure law, the executive law, the civil prac- tice law and rules, the insurance law and the education law relating to legally protected health activity providers, as proposed in legislative bills numbers S.1066-B and A.1709-B, is amended to read as follows: 2. (A) No state or local government employee or entity or other person acting on behalf of state or local government shall cooperate with or provide information to any OUT-OF-STATE individual or out-of-state agen- cy or department regarding any legally protected health activity in this state, or otherwise expend or use time, moneys, facilities, property, equipment, personnel or other resources in furtherance of any investi- gation or proceeding that seeks to impose civil or criminal liability or professional sanctions upon a person or entity for any legally protected health activity occurring in this state; EXCEPT THAT THE COMMISSIONER OF HEALTH MAY SHARE DEIDENTIFIED INFORMATION AS STRICTLY NECESSARY TO RESPOND TO A PUBLIC HEALTH EMERGENCY OR AN IMMINENT THREAT TO PUBLIC HEALTH, OR TO CONSULT AND COOPERATE WITH THE APPROPRIATE AGENCIES OF THE FEDERAL GOVERNMENT OR OF OTHER STATES IN ACCORDANCE WITH THE FUNCTIONS, POWERS, AND DUTIES OF THE DEPARTMENT AS OUTLINED UNDER SECTION TWO HUNDRED ONE OF THE PUBLIC HEALTH LAW, AND MAY SHARE IDENTIFIED INFORMA- TION IN SUCH CIRCUMSTANCES ONLY WHEN STRICTLY NECESSARY AND WITH THE CONSENT OF THE PATIENT. FOR PURPOSES OF THIS SECTION, "DEIDENTIFIED" MEANS THAT THE INFORMATION CANNOT IDENTIFY OR BE MADE TO IDENTIFY OR BE ASSOCIATED WITH A PARTICULAR INDIVIDUAL, DIRECTLY OR INDIRECTLY, AND IS SUBJECT TO TECHNICAL SAFEGUARDS AND POLICIES AND PROCEDURES THAT PREVENT REIDENTIFICATION, WHETHER INTENTIONALLY OR UNINTENTIONALLY, OF ANY INDI- VIDUAL. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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