Bill Text: NY A09313 | 2013-2014 | General Assembly | Amended
Bill Title: Prohibits emergency service providers from selling patient health information without written consent.
Spectrum: Moderate Partisan Bill (Democrat 23-7)
Status: (Introduced - Dead) 2014-06-19 - substituted by s7008a [A09313 Detail]
Download: New_York-2013-A09313-Amended.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 9313--A I N A S S E M B L Y April 8, 2014 ___________ Introduced by M. of A. BRAUNSTEIN, MOSLEY, CRESPO, TITONE, RIVERA, ZEBROWSKI, OTIS, CAMARA, FAHY, O'DONNELL, SIMOTAS, JAFFEE, COLTON, JACOBS, COOK, ABINANTI, PICHARDO, BROOK-KRASNY, STECK, PERRY -- Multi-Sponsored by -- M. of A. CROUCH, DiPIETRO, FINCH, GRAF, HIKIND, LUPINACCI, MARKEY, MONTESANO, SALADINO, SIMANOWITZ -- read once and referred to the Committee on Cities -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee AN ACT to amend the administrative code of the city of New York and the general municipal law, in relation to patient protected health infor- mation THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. The administrative code of the city of New York is amended 2 by adding a new section 15-130 to read as follows: 3 S 15-130 PROHIBITING THE SALE OF PATIENT PROTECTED HEALTH INFORMATION. 4 THE DEPARTMENT SHALL NOT OFFER FOR SALE, SELL, OR OTHERWISE DISTRIBUTE 5 PATIENT PROTECTED HEALTH INFORMATION EXCEPT UPON EXPRESS WRITTEN AUTHOR- 6 IZATION BY SUCH PATIENTS. SUCH DISCLOSURE AND CONSUMER CONSENT SHALL BE 7 GIVEN IN A SEPARATE, STAND-ALONE DOCUMENT AND CONSENT SHALL BE LIMITED 8 TO THE PARTICULAR USE OR TRANSACTION FOR WHICH CONSENT IS GIVEN. THE 9 PROVISIONS OF THIS SECTION SHALL NOT APPLY TO PATIENT INFORMATION TRANS- 10 MITTED TO AN INSURANCE CARRIER NECESSARY TO PROCESS INSURANCE CLAIMS. 11 S 2. The general municipal law is amended by adding a new section 12 122-a to read as follows: 13 S 122-A. PROHIBITING THE SALE OF PATIENT PROTECTED HEALTH INFORMATION. 14 NO EMERGENCY SERVICE PROVIDER SHALL OFFER FOR SALE, SELL, OR OTHERWISE 15 DISTRIBUTE PATIENT PROTECTED HEALTH INFORMATION EXCEPT UPON EXPRESS 16 WRITTEN AUTHORIZATION BY SUCH PATIENTS. SUCH DISCLOSURE AND CONSUMER 17 CONSENT SHALL BE GIVEN IN A SEPARATE, STAND-ALONE DOCUMENT AND CONSENT 18 SHALL BE LIMITED TO THE PARTICULAR USE OR TRANSACTION FOR WHICH CONSENT 19 IS GIVEN. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO PATIENT 20 INFORMATION TRANSMITTED TO AN INSURANCE CARRIER NECESSARY TO PROCESS 21 INSURANCE CLAIMS. 22 S 3. This act shall take effect immediately. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD14287-05-4