Bill Text: NY S07008 | 2013-2014 | General Assembly | Introduced

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Bill Title: Prohibits emergency service providers from selling patient health information without written consent.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed - Dead) 2014-06-19 - starred on calendar [S07008 Detail]

Download: New_York-2013-S07008-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7008
                                   I N  S E N A T E
                                    April 11, 2014
                                      ___________
       Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
         printed to be committed to the Committee on Cities
       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.
    9    S 2. The general municipal law is amended  by  adding  a  new  section
   10  122-a to read as follows:
   11    S 122-A. PROHIBITING THE SALE OF PATIENT PROTECTED HEALTH INFORMATION.
   12  NO  EMERGENCY  SERVICE PROVIDER SHALL OFFER FOR SALE, SELL, OR OTHERWISE
   13  DISTRIBUTE PATIENT PROTECTED  HEALTH  INFORMATION  EXCEPT  UPON  EXPRESS
   14  WRITTEN  AUTHORIZATION  BY SUCH PATIENTS.   SUCH DISCLOSURE AND CONSUMER
   15  CONSENT SHALL BE GIVEN IN A SEPARATE, STAND-ALONE DOCUMENT  AND  CONSENT
   16  SHALL  BE LIMITED TO THE PARTICULAR USE OR TRANSACTION FOR WHICH CONSENT
   17  IS GIVEN.
   18    S 3. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD14287-04-4