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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          7879

                    IN SENATE

                                     January 3, 2024
                                       ___________

        Introduced by Sen. FERNANDEZ -- read twice and ordered printed, and when
          printed to be committed to the Committee on Health

        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  requiring  any  health  information  system  or electronic health record
     6  system operating in the state of New York that electronically stores  or
     7  maintains  medical  information,  electronic  health  records,  personal
     8  health records, health care claims,  payment  and  other  administrative
     9  data  on  behalf of a provider of health care, health care service plan,
    10  pharmaceutical company, contractor, or employer to develop capabilities,
    11  policies, and procedures to:
    12    (i)  segregate  health  information  related  to  reproductive  health
    13  services  as  defined  in  paragraph  (a)  of subdivision one of section
    14  sixty-five hundred thirty-one-b of the education  law,  gender-affirming
    15  care  as  defined  in paragraph (c) of subdivision one of section sixty-
    16  five hundred thirty-one-b of the education law, care protected under  42
    17  CFR part 2, diagnosis and treatment for a sexually transmitted infection
    18  or  HIV, mental health services, alcohol or substance use treatment, and
    19  any other health care services determined by  the  commissioner  through
    20  regulations,  in  consultation  with medical providers and patient advo-
    21  cates, from the rest of the patient's record;
    22    (ii) limit user access privileges  to  health  information  segregated
    23  pursuant  to  subparagraph  (i)  of this paragraph to only those persons
    24  whom the patient has specifically authorized to access the health infor-
    25  mation;

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13926-01-3
        S. 7879                             2

     1    (iii) provide the ability to automatically disable  access  to  health
     2  information segregated pursuant to subparagraph (i) of this paragraph by
     3  individuals and entities in another state; and
     4    (iv)  unless  otherwise  ordered by a court of competent jurisdiction,
     5  notify the patient and the provider who rendered the care documented  in
     6  the  health  information segregated pursuant to subparagraph (i) of this
     7  paragraph at least thirty days prior to complying with a  civil,  crimi-
     8  nal,  or  regulatory  inquiry,  investigation,  subpoena, or summons for
     9  health information segregated pursuant to subparagraph (i) of this para-
    10  graph.
    11    § 2. This act shall take effect immediately.