NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8226A
SPONSOR: Braunstein TITLE OF BILL:
An act to amend the public health law, in relation to the protection of
private patient information by ambulance services
PURPOSE OR GENERAL IDEA OF BILL:
To prohibit the sale of patient-protected health information.
SUMMARY OF SPECIFIC 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.
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 informa-
tion 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 provid-
ing 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 a patient's address in connection with
fundraising for such services, as long as the use does not include
disclosing the individual's identifying information. 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. 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 agen-
cies, 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.
PRIOR LEGISLATIVE HISTORY:
2013-2014: A.9313/S.7008 - Rules report calendar
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall become a law; provided that, effective immediately, the commis-
sioner of health may make regulations and take other actions reasonably
necessary to implement this act on such date.
STATE OF NEW YORK
________________________________________________________________________
8226--A
2015-2016 Regular Sessions
IN ASSEMBLY
June 12, 2015
___________
Introduced by M. of A. BRAUNSTEIN, ABINANTI, ZEBROWSKI, COLTON, JAFFEE,
STECK -- Multi-Sponsored by -- M. of A. CROUCH, GRAF, HIKIND, MARKEY,
MONTESANO, O'DONNELL, SALADINO, SIMANOWITZ -- read once and referred
to the Committee on Health -- recommitted to the Committee on Health
in accordance with Assembly Rule 3, sec. 2 -- reported and referred to
the Committee on Codes -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the public health law, in relation to the protection of
private patient information by ambulance services
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 3001 of the public health law is amended by adding
2 two new subdivisions 22 and 23 to read as follows:
3 22. "Individual identifying information" means information identifying
4 or tending to identify a patient.
5 23. "Marketing" means, but is not limited to, advertising, detailing,
6 marketing, promotion, or any activity that is intended to be or could be
7 used to influence business volume, sales or market share or evaluate the
8 effectiveness of marketing practices or personnel, regardless of whether
9 the beneficiary of the marketing is a governmental, for-profit, or not-
10 for-profit entity.
11 § 2. The public health law is amended by adding a new section 3006-a
12 to read as follows:
13 § 3006-a. Patient privacy. 1. No ambulance service, advanced life
14 support first response service, or employee, member or agent thereof
15 shall disclose, sell, transfer, exchange or use any individual identify-
16 ing information to any person or entity for the purpose of marketing.
17 2. Notwithstanding subdivision one of this section, and subject to
18 otherwise applicable law, individual identifying information may be
19 disclosed, sold, transferred or exchanged to:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11644-03-6
A. 8226--A 2
1 (a) the patient who is the subject of the information, or a person
2 authorized to make health care decisions for the patient;
3 (b) a health care provider providing care or treatment to the patient,
4 for the purpose of such care or treatment; or a health information
5 system subject to regulations of the department, for the purpose of such
6 care or treatment;
7 (c) an officer, inspector or investigator for a government health,
8 licensing or law enforcement agency acting under appropriate legal
9 authority;
10 (d) a person authorized by a court order to receive such information;
11 (e) the patient's health plan, insurer, or third party payer, or an
12 agent thereof, for the purpose of payment or reimbursement for health
13 care services, including determining compliance with the terms of cover-
14 age or medical necessity, or utilization review;
15 (f) a person or entity to whom, and for a purpose for which, disclo-
16 sure or transfer is otherwise explicitly authorized or required by law;
17 (g) a person or entity acting as an employee or agent of a person or
18 entity under any preceding paragraph of this subdivision, for the
19 purpose of and consistent with that paragraph; or
20 (h) a government entity as provided by law.
21 3. Nothing in this section shall prohibit the collection, use, trans-
22 fer, or sale of patient data by zip code, geographic region, or medical
23 specialty for marketing purposes, providing it does not contain individ-
24 ual identifying information.
25 4. This section shall not prevent a person from disclosing, selling,
26 transferring, or exchanging for value his or her own individual identi-
27 fying information, for any purpose; provided that the information does
28 not include individual identifying information pertaining to any other
29 person.
30 5. This section does not prohibit a not-for-profit or governmental
31 ambulance service or advanced life support first response service, or
32 agent thereof, from using a patient's name and address in order to
33 contact such patient or a family member at such address with requests
34 for donations to such service; providing that such use shall not include
35 disclosing any other individual identifying information.
36 6. No person or entity to whom or which individual identifying infor-
37 mation is disclosed, sold, transferred or exchanged shall disclose,
38 sell, transfer or exchange it to any person or entity other than for the
39 lawful purpose for which it was disclosed, sold, transferred or
40 exchanged to the person or entity, and without satisfactory assurance
41 that the recipient will safeguard the records from being disclosed or
42 used for marketing purposes.
43 7. This section does not authorize any disclosure, sale, transfer, or
44 exchange of individual identifying information that is not otherwise
45 authorized or required by law.
46 8. In addition to the commissioner's authority to enforce this section
47 under section three thousand twelve of this article, the attorney gener-
48 al shall have the authority to bring an action to enforce compliance
49 with this section without referral by the commissioner.
50 § 3. This act shall take effect on the one hundred eightieth day after
51 it shall have become a law; provided that, effective immediately, the
52 commissioner of health may make regulations and take other actions
53 reasonably necessary to implement this act on such date.
