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History
- Referred to cities
- Committed to rules
- Advanced to third reading
- Amended (t) 1997a
- 2nd report cal.
- 1st report cal.628
- Referred to cities
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Prohibits emergency service providers from selling patient health information without written consent
In Assembly Committee · Cities · Sponsor Edward Braunstein
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S1997A
Title of bill
An act to amend the public health law, in relation to the protection of private patient information by ambulance services
Purpose
To prohibit the sale of patient-protected health information.
Read the full memo (680 words)
Summary of provisions
Section 1. Defines "individual identifying information" as information identifying or tending to identify a patient. This section also defines "marketing." Marketing means, but is not limited to, advertising, detailing, marketing, promotion, or any activity that is intended to be or could be used to influence business volume, sales or market share or evaluate the effectiveness of marketing practices or personnel, regardless of whether the beneficiary of the marketing is a governmental, for-profit, or not-for-profit entity.
Section 2. Adds a new section 3006-a to the public health law to cover patient privacy. 3006-a provides that no ambulance service, advanced life support first response service, or employee, member or agent shall disclose, sell, transfer, exchange or use any individual identifying information to any person or entity for the purpose of marketing.
However, within this section there are several exceptions. This information may be disclosed, sold, transferred or exchanged to: the patient who is the subject of the information, or a person authorized to make health care decisions; a health care provider or information system subject to the regulations of the department, for the purpose of providing care or treatment; an officer, inspector, or investigator for a government health, licensing, or law enforcement agency acting under appropriate legal authority; a person authorized by court order; the patient's insurer for the purpose of payment or reimbursement; a person or entity to whom, and for a purpose for which, disclosure is explicitly authorized by law; a person acting as an agent of the person or entity under any preceding paragraph, for the purpose of and consistent with that paragraph; or, a government entity as provided by law.
Additionally, the collection, use, transfer, or sale of patient data by zip code, geographic region, or medical specialty for marketing purposes is permitted, providing it does not contain individual identifying information.
3006-a permits not-for-profit or governmental ambulances and other life support first responders to use individual identifying information in connection with fundraising for such services, as long as the use does not include disclosing the individual's patient status.
No person or entity to whom or which individual identifying information is sold or disclosed shall sell or disclose it to any person or entity other than for the lawful purpose for which it was disclosed or sold, and without satisfactory assurance that the
recipient will safeguard the records from being disclosed or used for marketing purposes.
The section also does not allow any disclosure, sale, transfer, or exchange of individual identifying information that is not otherwise authorized or required by law.
In addition to the commissioner's authority to enforce this section under section 3012, the attorney general shall have the authority to bring an action to enforce compliance with this section without referral by the commissioner.
Section 3. Contains the effective date.
Justification
According to a New York Post article in 2014, the FDNY issued a patient-privacy notice which disclosed that it may sell or use patient protected health information for fundraising and marketing purposes. While the FDNY has since changed its privacy policy, public health agencies, such as the FDNY and other emergency service providers, should not be able to legally sell patient protected health information (PHI). PHI 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, PHI should never be sold to pharmaceutical companies, insurers, nursing homes, and other businesses.
Legislative history
2014: S.7008-A - Passed the Senate
Fiscal implications
None to the State
Effective date
This act shall take effect on the one hundred eightieth day after it shall become a law; provided that, effective immediately, the commissioner of health may make regulations and take other actions reasonably necessary to implement this act on such date.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.