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

BILL NUMBER:S7008A

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. This provision shall not apply to patient information transmitted to insurance companies necessary to process an insurance claim.

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. This provision shall not apply to patient information transmitted to insurance companies necessary to process an insurance claim.

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.