Bill Text: NY S07879 | 2023-2024 | General Assembly | Amended

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Bill Title: Requires the commissioner of health to establish rules and regulations requiring that all health information systems or electronic health record systems segregate certain patient information related to reproductive health services, gender-affirming care, sexually transmitted diseases, mental health services, alcohol or substance abuse treatment and other information from the rest of such patient's medical record.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Introduced) 2024-02-21 - PRINT NUMBER 7879A [S07879 Detail]

Download: New_York-2023-S07879-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         7879--A

                    IN SENATE

                                     January 3, 2024
                                       ___________

        Introduced  by Sens. FERNANDEZ, HINCHEY, JACKSON, WEBB -- read twice and
          ordered printed, and when printed to be committed to the Committee  on
          Health  --  committee  discharged,  bill amended, ordered reprinted as
          amended and recommitted to said committee

        AN ACT to amend the public health law,  in  relation  to  requiring  all
          health  information  systems  or  electronic  health record systems to
          segregate certain patient information from the rest of such  patient's
          medical record

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Subdivision 18-a of section 206 of the public health law is
     2  amended by adding a new paragraph (e) to read as follows:
     3    (e) Within one hundred eighty days from the  effective  date  of  this
     4  paragraph,  the  commissioner  shall  establish  rules  and  regulations
     5  consistent with state and federal law and regulations, including but not
     6  limited to article thirty-three of the mental hygiene  law  and  section
     7  twenty-seven  hundred  eighty-two  of this chapter, requiring any health
     8  information system or electronic health record system operating  in  the
     9  state of New York that electronically stores or maintains medical infor-
    10  mation,  electronic health records, personal health records, health care
    11  claims, payment and other administrative data on behalf of a provider of
    12  health care, health care service plan, pharmaceutical company,  contrac-
    13  tor, or employer to develop capabilities, policies, and procedures to:
    14    (i)  segregate  health  information  related  to  reproductive  health
    15  services as defined in paragraph  (a)  of  subdivision  one  of  section
    16  sixty-five  hundred  thirty-one-b of the education law, gender-affirming
    17  care as defined in paragraph (c) of subdivision one  of  section  sixty-
    18  five  hundred thirty-one-b of the education law, care protected under 42
    19  CFR part 2, diagnosis and treatment for a sexually transmitted infection
    20  or HIV, mental health services, alcohol or substance use treatment,  and
    21  any  other  health  care services determined by the commissioner through
    22  regulations, in consultation with medical providers  and  patient  advo-
    23  cates, from the rest of the patient's record;

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13926-05-4
        S. 7879--A                          2

     1    (ii)  limit  user  access  privileges to health information segregated
     2  pursuant to subparagraph (i) of this paragraph  to  only  those  persons
     3  whom the patient has specifically authorized to access the health infor-
     4  mation;
     5    (iii)  provide  the  ability to automatically disable access to health
     6  information segregated pursuant to subparagraph (i) of this paragraph by
     7  individuals and entities in another state with the  documented  authori-
     8  zation of the patient; and
     9    (iv)  unless  otherwise  ordered by a court of competent jurisdiction,
    10  notify the patient and the provider who rendered the care documented  in
    11  the  health  information segregated pursuant to subparagraph (i) of this
    12  paragraph at least thirty days prior to complying with a  civil,  crimi-
    13  nal,  or  regulatory  inquiry,  investigation,  subpoena, or summons for
    14  health information segregated pursuant to subparagraph (i) of this para-
    15  graph.
    16    § 2. This act shall take effect on the one hundred eightieth day after
    17  it shall have become a law.  Effective immediately, the addition, amend-
    18  ment and/or repeal of any rule or regulation necessary for the implemen-
    19  tation of this act on its effective date are authorized to be  made  and
    20  completed on or before such effective date.