This bill has been amended

Bill S7008-2013

Prohibits emergency service providers from selling patient health information without written consent

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

Details

Actions

  • May 12, 2014: ADVANCED TO THIRD READING
  • May 7, 2014: 2ND REPORT CAL.
  • May 6, 2014: 1ST REPORT CAL.548
  • Apr 11, 2014: REFERRED TO CITIES

Meetings

Calendars

Votes

VOTE: COMMITTEE VOTE: - Cities - May 6, 2014
Ayes (6): Lanza, Ball, DeFrancisco, Grisanti, Squadron, Breslin

Memo

BILL NUMBER:S7008

TITLE OF BILL: An act to amend the administrative code of the city of New York and the general municipal law, in relation to patient protected health information

PURPOSE OR GENERAL IDEA OF BILL:

To prohibit the sale of patient-protected health information without the consent of the patient.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1. Amends the administrative code of the city of New York by adding a new section, 15-130, which prohibits the Fire Department of the City of New York from offering for sale, selling, or distributing patient protected health information except when the patient expressly authorizes such disclosure and consent in a separate, stand-alone document.

Section 2. Adds a new section 122-a to the General Municipal Law that would prohibit emergency service providers from offering for sale, selling, or distributing patient protected health information except when the patient expressly authorizes such disclosure and consent in a separate, stand-alone document.

JUSTIFICATION:

As stated by the New York Post in the February 2nd, 2014 edition the FDNY recently issued a patient privacy notice which discloses that it may sell or use patient protected health information for fundraising and marketing purposes. Public health agencies, such as the FDNY and other service providers, are exempt from federal HIPPA regulations that bar private health care providers and contractors from releasing patient data. Patient protected health information refers to information such as the patient's address and phone number, prescriptions, and medical history. All emergency service providers hold this information on patients. Patients have an expectation and a right to the privacy in relation to their health records. As such, patient protected health information should never be sold to pharmaceutical companies, insurers, nursing homes, and other businesses without express consent from the patient.

PRIOR LEGISLATIVE HISTORY:

None.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 7008 IN SENATE 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: Section 1. The administrative code of the city of New York is amended by adding a new section 15-130 to read as follows: S 15-130 PROHIBITING THE SALE OF PATIENT PROTECTED HEALTH INFORMATION. THE DEPARTMENT SHALL NOT OFFER FOR SALE, SELL, OR OTHERWISE DISTRIBUTE PATIENT PROTECTED HEALTH INFORMATION EXCEPT UPON EXPRESS WRITTEN AUTHOR- IZATION BY SUCH PATIENTS. SUCH DISCLOSURE AND CONSUMER CONSENT SHALL BE GIVEN IN A SEPARATE, STAND-ALONE DOCUMENT AND CONSENT SHALL BE LIMITED TO THE PARTICULAR USE OR TRANSACTION FOR WHICH CONSENT IS GIVEN. S 2. The general municipal law is amended by adding a new section 122-a to read as follows: S 122-A. PROHIBITING THE SALE OF PATIENT PROTECTED HEALTH INFORMATION. NO EMERGENCY SERVICE PROVIDER SHALL OFFER FOR SALE, SELL, OR OTHERWISE DISTRIBUTE PATIENT PROTECTED HEALTH INFORMATION EXCEPT UPON EXPRESS WRITTEN AUTHORIZATION BY SUCH PATIENTS. SUCH DISCLOSURE AND CONSUMER CONSENT SHALL BE GIVEN IN A SEPARATE, STAND-ALONE DOCUMENT AND CONSENT SHALL BE LIMITED TO THE PARTICULAR USE OR TRANSACTION FOR WHICH CONSENT IS GIVEN. S 3. This act shall take effect immediately.

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