 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8715
 
                    IN SENATE
 
                                      May 10, 2018
                                       ___________
 
        Introduced by Sen. SEPULVEDA -- 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 access to HIV
          surveillance information for purposes of care coordination
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Section  2135  of  the  public  health law, as amended by
     2  section 3 of part A of chapter 60 of the laws of  2014,  is  amended  to
     3  read as follows:
     4    §  2135.  Confidentiality.  All  reports or information secured by the
     5  department, municipal health commissioner  or  district  health  officer
     6  under  the provisions of this title shall be confidential except: (a) in
     7  so far as is necessary to carry out the provisions of  this  title;  (b)
     8  when  used in the aggregate, without patient specific identifying infor-
     9  mation, in programs approved by the commissioner for the improvement  of
    10  the  quality of medical care provided to persons with HIV/AIDS; (c) when
    11  used within the state  or  local  health  department  by  public  health
    12  disease programs to assess co-morbidity or completeness of reporting and
    13  to  direct  program  needs,  in  which case patient specific identifying
    14  information shall not be disclosed outside the  state  or  local  health
    15  department;  or  (d)  when  used  for purposes of patient linkage [and],
    16  retention in care, and care coordination,  patient  specific  identified
    17  information  may  be  shared  between local and state health departments
    18  [and], health care providers and  care  coordination  systems  currently
    19  treating  the  patient  as approved by the commissioner. For purposes of
    20  this section, care  coordination  shall  mean  managing,  referring  to,
    21  locating, coordinating, and monitoring health care services for an indi-
    22  vidual  to  assure that all medically necessary health care services are
    23  made available to and are effectively used by the individual in a timely
    24  manner, consistent with patient autonomy, where conducted by or with the
    25  participation of the patient's health care provider and not conducted by
    26  or on behalf of the patient's third-party payer.
    27    § 2. This act shall take effect on the thirtieth day  after  it  shall
    28  have become a law.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02578-01-7
Relates to HIV reporting

What's Happening

Why It Matters
