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S07042 Actions:

BILL NOS07042
 
03/31/2025REFERRED TO CODES
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S07042 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7042
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                     March 31, 2025
                                       ___________
 
        Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
          printed to be committed to the Committee on Codes
 
        AN ACT to amend the penal law, in relation to the unlawful possession of
          a patient record
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1. The penal law is amended by adding a new section 250.73 to
     2  read as follows:
     3  § 250.73 Unlawful possession of a patient record.
     4    A person is guilty of unlawful possession of a patient record when the
     5  person obtains a patient record without legal authority, or  receives  a
     6  patient  record that was disclosed to such person without legal authori-
     7  ty, and intentionally disregards a  written  demand  by  a  health  care
     8  provider  that  lawfully possessed such record, or by the patient who is
     9  the subject of such record, to return or destroy  the  record.  For  the
    10  purpose of this section, "patient record" shall mean patient information
    11  as defined in section eighteen of the public health law that is in writ-
    12  ten  or  electronic form, and "person" does not include a covered entity
    13  within the meaning of HIPAA regulations.
    14    Unlawful possession of a patient record is a class A misdemeanor.
    15    § 2. This act shall take effect on the sixtieth  day  after  it  shall
    16  have become a law.
 
 
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11324-01-5
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