Senate Bill S8093

Signed By Governor
2023-2024 Legislative Session

Relates to sharing of certain information

download bill text pdf

Sponsored By

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

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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

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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