Requires the commissioner of health to establish rules and regulations requiring that all health information systems or electronic health record systems segregate certain patient information related to reproductive health services, gender-affirming care, sexually transmitted diseases, mental health services, alcohol or substance abuse treatment and other information from the rest of such patient's medical record.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8884A
SPONSOR: Lunsford TITLE OF BILL:
An act to amend the public health law, in relation to requiring all
health information systems or electronic health record systems to segre-
gate certain patient information from the rest of such patient's medical
record
PURPOSE OR GENERAL IDEA OF BILL:
To ensure patients have the ability to disclose only the medical records
they wish to health information systems.
SUMMARY OF PROVISIONS:
Section 1 requires the commissioner to establish rules and regulations
regarding segregating patient information from health information
systems or electronic health record systems.
Section 2 sets the effective date.
DIFFERENCE BETWEEN THE ORIGINAL AND AMENDED VERSION:
Amended paragraph (e) provides that the promulgated regulations include
narrow exceptions to comply with State and Federal law and regulations
requiring the disclosure of certain health information.
Amended paragraph (e)(ii) specifies that engaging the automatic disabl-
ing of "access to health information segregated pursuant to subparagraph
(i) of this paragraph by individuals and entities in another state"
shall only be done upon the patient's written authorization.
JUSTIFICATION:
Electronic health records improve the quality of health care by ensuring
that every provider who sees a patient has access to their medical
history. But the information in a patient's electronic health record may
be shared across state lines automatically and by default. In a post-
Dobbs world, as other states move to criminalize abortion care and
gender affirming care, this automatic sharing can put New York patients
who travel or move to ban states, as well as the New York providers who
care for them, at risk of criminalization. It also poses risks of
discrimination for New York patients who later see New York providers
who oppose abortion, gender affirming care, or other sensitive types of
health care they previously received.
Electronic health records are records-based systems, which means that a
patient's entire medical record is available to all providers with
access to the system or none of their record is shared. This legislation
would require that electronic health record companies create the ability
to segment electronic health records and suppress sensitive health
information at a patient's direction. It would enable patients to reap
the health benefits of electronic health records without risking that
information about their abortion, gender affirming care, or other sensi-
tive health care will be shared against their will and used against
them.
PRIOR LEGISLATIVE HISTORY:
New bill
FISCAL IMPLICATIONS:
TBD
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
8884--A
IN ASSEMBLY
January 26, 2024
___________
Introduced by M. of A. LUNSFORD, TAPIA -- read once and referred to the
Committee on Health -- recommitted to the Committee on Health in
accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
AN ACT to amend the public health law, in relation to requiring all
health information systems or electronic health record systems to
segregate certain patient information from the rest of such patient's
medical record
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 18-a of section 206 of the public health law is
2 amended by adding a new paragraph (e) to read as follows:
3 (e) Within one hundred eighty days from the effective date of this
4 paragraph, the commissioner shall establish rules and regulations
5 consistent with state and federal law and regulations, including but not
6 limited to article thirty-three of the mental hygiene law and section
7 twenty-seven hundred eighty-two of this chapter, requiring any health
8 information system or electronic health record system operating in the
9 state of New York that electronically stores or maintains medical infor-
10 mation, electronic health records, personal health records, health care
11 claims, payment and other administrative data on behalf of a provider of
12 health care, health care service plan, pharmaceutical company, contrac-
13 tor, or employer to develop capabilities, policies, and procedures to:
14 (i) segregate health information related to reproductive health
15 services as defined in paragraph (a) of subdivision one of section
16 sixty-five hundred thirty-one-b of the education law, gender-affirming
17 care as defined in paragraph (c) of subdivision one of section sixty-
18 five hundred thirty-one-b of the education law, care protected under 42
19 CFR part 2, diagnosis and treatment for a sexually transmitted infection
20 or HIV, mental health services, alcohol or substance use treatment, and
21 any other health care services determined by the commissioner through
22 regulations, in consultation with medical providers and patient advo-
23 cates, from the rest of the patient's record;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13926-04-4
A. 8884--A 2
1 (ii) limit user access privileges to health information segregated
2 pursuant to subparagraph (i) of this paragraph to only those persons
3 whom the patient has specifically authorized to access the health infor-
4 mation;
5 (iii) provide the ability to automatically disable access to health
6 information segregated pursuant to subparagraph (i) of this paragraph by
7 individuals and entities in another state with the documented authori-
8 zation of the patient; and
9 (iv) unless otherwise ordered by a court of competent jurisdiction,
10 notify the patient and the provider who rendered the care documented in
11 the health information segregated pursuant to subparagraph (i) of this
12 paragraph at least thirty days prior to complying with a civil, crimi-
13 nal, or regulatory inquiry, investigation, subpoena, or summons for
14 health information segregated pursuant to subparagraph (i) of this para-
15 graph.
16 § 2. This act shall take effect on the one hundred eightieth day after
17 it shall have become a law. Effective immediately, the addition, amend-
18 ment and/or repeal of any rule or regulation necessary for the implemen-
19 tation of this act on its effective date are authorized to be made and
20 completed on or before such effective date.
