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History
- Print number 6489a
- Amend and recommit to health
- Referred to health
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 Senate Committee · Health · Sponsor Edward Braunstein
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
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.
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, regard- less of whether the beneficiary of the marketing is a governmental, for-profit, or not-for-profit entity.
Read the full memo (781 words)
Section 2. Adds a new section 3006-a to the public health law to cover patient privacy. New section 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.
New section 3006-a does not prevent not-for-profit or governmental ambulance services and other life support first responders or their agents from using a patient's name and address to contact the patient or a family member at the same address to request donations for such service, as long as none of the other patient's identifying information is disclosed. An individual may also disclose their own identifying information, as long as identifying information about another individual is not included.
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. Provides the effective date, which is that this act shall take effect on the one hundred eightieth day after it shall have 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.
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). PI-11 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
Similar to: 2015: S.1997-A - 3rd Reading Calendar 2014: S.7008-A - Passed Senate
Fiscal implications
None.
Effective date
This act shall take effect on the one hundred eightieth day after it shall have 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.