Bill Text: NY A07041 | 2009-2010 | General Assembly | Introduced
Bill Title: Establishes limitations and conditions for the disclosure of patient information to any person or entity outside of the United States.
Spectrum: Moderate Partisan Bill (Republican 5-1)
Status: (Introduced - Dead) 2010-04-13 - held for consideration in health [A07041 Detail]
Download: New_York-2009-A07041-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 7041 2009-2010 Regular Sessions I N A S S E M B L Y March 19, 2009 ___________ Introduced by M. of A. BALL -- read once and referred to the Committee on Health AN ACT to amend the public health law, in relation to prohibiting the disclosure and transmission of patient information outside of the United States THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Section 18 of the public health law is amended by adding a 2 new subdivision 6-a to read as follows: 3 6-A. DISCLOSURE OUTSIDE OF THE UNITED STATES. (A) EVERY PERSON AND 4 ENTITY EMPLOYED BY A HEALTH CARE PROVIDER FOR THE PURPOSE OF TRANSCRIB- 5 ING PATIENT INFORMATION, SHALL PROVIDE SUCH HEALTH CARE PROVIDER WITH A 6 LISTING OF ANY AND ALL CONTRACTORS AND SUBCONTRACTORS USED FOR SUCH 7 PURPOSE AND ALSO DISCLOSE TO THE HEALTH CARE PROVIDER EACH INSTANCE WHEN 8 PATIENT INFORMATION IS TRANSMITTED OR DISCLOSED OUTSIDE OF THE UNITED 9 STATES. EACH HEALTH CARE PROVIDER SHALL PLACE A NOTATION, OF ALL SUCH 10 INFORMATION RECEIVED BY SUCH PROVIDER, ON THE FILE OR RECORD OF PATIENT 11 INFORMATION WHICH IS TRANSCRIBED BY A CONTRACTOR OR SUBCONTRACTOR, OR 12 TRANSMITTED OR DISCLOSED OUTSIDE OF THE UNITED STATES. 13 (B) NO HEALTH CARE PROVIDER, OR ANY PERSON OR ENTITY RECEIVING PATIENT 14 INFORMATION FROM A HEALTH CARE PROVIDER, SHALL TRANSMIT OR DISCLOSE ANY 15 PATIENT INFORMATION TO ANY PERSON OR LOCATION OUTSIDE OF THE UNITED 16 STATES, UNLESS: 17 (I) THE HEALTH CARE PROVIDER, OR OTHER PERSON OR ENTITY RECEIVING 18 PATIENT INFORMATION, DISCLOSES TO A QUALIFIED PERSON FOR SUCH PATIENT 19 INFORMATION UPON ENROLLMENT, REENROLLMENT, OR ADMISSION OF THE SUBJECT, 20 THAT THE SUBJECT'S PATIENT INFORMATION MAY BE TRANSMITTED OUTSIDE OF THE 21 UNITED STATES; 22 (II) THE HEALTH CARE PROVIDER, OR OTHER PERSON OR ENTITY RECEIVING 23 PATIENT INFORMATION, OBTAINS THE WRITTEN CONSENT OF THE QUALIFIED PERSON 24 FOR THE PATIENT INFORMATION TO ALLOW THE TRANSMISSION OR DISCLOSURE OF 25 SUCH INFORMATION OUTSIDE OF THE UNITED STATES; 26 (III) THE CONSENT THERETO HAS BEEN GRANTED OR RENEWED BY THE QUALIFIED 27 PERSON NOT LESS FREQUENTLY THAN ANNUALLY; EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10410-02-9 A. 7041 2 1 (IV) THE QUALIFIED PERSON HAS NOT REVOKED SUCH CONSENT, WHICH HE OR 2 SHE MAY DO AT ANY TIME; AND 3 (V) THE OBLIGATIONS OF THIS PARAGRAPH ARE PERFORMED BY THE HEALTH CARE 4 PROVIDER, PERSON OR ENTITY WHICH ACTUALLY DISCLOSES OR TRANSMITS, OR 5 INTENDS TO DISCLOSE OR TRANSMIT PATIENT INFORMATION OUTSIDE OF THE 6 UNITED STATES. 7 EVERY HEALTH CARE PROVIDER, AND PERSON OR ENTITY RECEIVING PATIENT 8 INFORMATION SHALL DISCLOSE TO THE QUALIFIED PERSON FOR PATIENT INFORMA- 9 TION WHETHER THE INFORMATION HAS BEEN OR WILL BE TRANSMITTED OR 10 DISCLOSED OUTSIDE OF THE UNITED STATES. 11 (C) EXCEPT WITH REGARD TO HEALTH CARE BEING PROVIDED TO A SUBJECT 12 OUTSIDE OF THE UNITED STATES AND SUBJECT TO THE PROVISIONS OF PARAGRAPH 13 (B) OF THIS SUBDIVISION, EVERY HEALTH CARE PROVIDER, OR PERSON OR ENTITY 14 RECEIVING PATIENT INFORMATION, WHICH TRANSMITS PATIENT INFORMATION 15 OUTSIDE OF THE UNITED STATES SHALL UTILIZE A FORM FOR THE WRITTEN 16 CONSENT OF A QUALIFIED PERSON WHICH: 17 (I) IS A SEPARATE DOCUMENT WHICH IS NOT PART OF OR ATTACHED TO ANY 18 OTHER DOCUMENT; 19 (II) IS DATED AND SIGNED BY THE QUALIFIED PERSON FOR THE PATIENT 20 INFORMATION; AND 21 (III) CLEARLY AND CONSPICUOUSLY DISCLOSES: 22 (A) THAT BY SIGNING THE QUALIFIED PERSON IS CONSENTING TO THE TRANS- 23 MISSION AND DISCLOSURE OF THE PATIENT INFORMATION OUTSIDE OF THE UNITED 24 STATES, 25 (B) THAT SUCH CONSENT MUST BE RENEWED ON AN ANNUAL BASIS, 26 (C) THAT THE QUALIFIED PERSON MAY WITHDRAW HIS OR HER CONSENT AT ANY 27 TIME, AND 28 (D) THE PROCEDURE FOR THE REVOCATION OF CONSENT. 29 (D) NO HEALTH CARE PROVIDER, OR ANY PERSON OR ENTITY RECEIVING PATIENT 30 INFORMATION SHALL DISCRIMINATE AGAINST ANY SUBJECT, OR DENY ANY SUBJECT 31 WITH REGARD TO THE PROVISION OF HEALTH CARE OR THE COVERAGE THEREOF ON 32 THE BASIS OF THE DENIAL OF CONSENT FOR TRANSMISSION OF PATIENT INFORMA- 33 TION OUTSIDE OF THE UNITED STATES. 34 (E) ALL PATIENT INFORMATION OF ANY SUBJECT WHO IS A RESIDENT OF THE 35 STATE AND SUCH INFORMATION RELATES TO HEALTH CARE PROVIDED IN THIS STATE 36 SHALL REMAIN SUBJECT TO THE PROVISIONS OF THIS SECTION AND ALL OTHER 37 PROVISIONS OF STATE LAW RELATING TO CONFIDENTIALITY REGARDLESS OF WHETH- 38 ER SUCH INFORMATION IS TRANSMITTED OR DISCLOSED OUTSIDE OF THIS STATE. 39 ANY PERSON, REGARDLESS OF WHERE THEY ARE SITUATE, WHO VIOLATES ANY SUCH 40 PROVISION OF LAW OR THIS SECTION SHALL BE SUBJECT TO THE JURISDICTION OF 41 THE COURTS OF THIS STATE FOR THE PURPOSES OF SUCH VIOLATION. 42 (F) ANY PERSON OR ENTITY WHO RECEIVES PATIENT INFORMATION FROM A 43 HEALTH CARE PROVIDER PURSUANT TO THIS SECTION, WHEN SUCH PERSON OR ENTI- 44 TY IS NOT OTHERWISE SUBJECT TO THE PROVISIONS OF THIS SECTION, SHALL: 45 (I) MAINTAIN THE CONFIDENTIALITY OF THE PATIENT INFORMATION AND SHALL 46 NOT DISCLOSE IT TO ANY OTHER PARTY EXCEPT AS PROVIDED BY THE LAWS OF 47 THIS STATE; 48 (II) BE LIABLE IN A CIVIL CAUSE OF ACTION IN THE COURTS OF THIS STATE, 49 BROUGHT BY A QUALIFIED PERSON OR SUBJECT WHO IS A RESIDENT OF THIS 50 STATE, FOR THE UNAUTHORIZED DISCLOSURE OF PATIENT INFORMATION; AND 51 (III) CONSENT TO THE JURISDICTION OF THE COURTS OF THIS STATE. 52 S 2. This act shall take effect on the first of January next succeed- 53 ing the date on which it shall have become a law.