Bill Text: NY A07041 | 2009-2010 | General Assembly | Introduced
Bill Title: Establishes limitations and conditions for the disclosure of patient information to any person or entity outside of the United States.
Spectrum: Moderate Partisan Bill (Republican 5-1)
Status: (Introduced - Dead) 2010-04-13 - held for consideration in health [A07041 Detail]
Download: New_York-2009-A07041-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
7041
2009-2010 Regular Sessions
I N A S S E M B L Y
March 19, 2009
___________
Introduced by M. of A. BALL -- read once and referred to the Committee
on Health
AN ACT to amend the public health law, in relation to prohibiting the
disclosure and transmission of patient information outside of the
United States
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Section 18 of the public health law is amended by adding a
2 new subdivision 6-a to read as follows:
3 6-A. DISCLOSURE OUTSIDE OF THE UNITED STATES. (A) EVERY PERSON AND
4 ENTITY EMPLOYED BY A HEALTH CARE PROVIDER FOR THE PURPOSE OF TRANSCRIB-
5 ING PATIENT INFORMATION, SHALL PROVIDE SUCH HEALTH CARE PROVIDER WITH A
6 LISTING OF ANY AND ALL CONTRACTORS AND SUBCONTRACTORS USED FOR SUCH
7 PURPOSE AND ALSO DISCLOSE TO THE HEALTH CARE PROVIDER EACH INSTANCE WHEN
8 PATIENT INFORMATION IS TRANSMITTED OR DISCLOSED OUTSIDE OF THE UNITED
9 STATES. EACH HEALTH CARE PROVIDER SHALL PLACE A NOTATION, OF ALL SUCH
10 INFORMATION RECEIVED BY SUCH PROVIDER, ON THE FILE OR RECORD OF PATIENT
11 INFORMATION WHICH IS TRANSCRIBED BY A CONTRACTOR OR SUBCONTRACTOR, OR
12 TRANSMITTED OR DISCLOSED OUTSIDE OF THE UNITED STATES.
13 (B) NO HEALTH CARE PROVIDER, OR ANY PERSON OR ENTITY RECEIVING PATIENT
14 INFORMATION FROM A HEALTH CARE PROVIDER, SHALL TRANSMIT OR DISCLOSE ANY
15 PATIENT INFORMATION TO ANY PERSON OR LOCATION OUTSIDE OF THE UNITED
16 STATES, UNLESS:
17 (I) THE HEALTH CARE PROVIDER, OR OTHER PERSON OR ENTITY RECEIVING
18 PATIENT INFORMATION, DISCLOSES TO A QUALIFIED PERSON FOR SUCH PATIENT
19 INFORMATION UPON ENROLLMENT, REENROLLMENT, OR ADMISSION OF THE SUBJECT,
20 THAT THE SUBJECT'S PATIENT INFORMATION MAY BE TRANSMITTED OUTSIDE OF THE
21 UNITED STATES;
22 (II) THE HEALTH CARE PROVIDER, OR OTHER PERSON OR ENTITY RECEIVING
23 PATIENT INFORMATION, OBTAINS THE WRITTEN CONSENT OF THE QUALIFIED PERSON
24 FOR THE PATIENT INFORMATION TO ALLOW THE TRANSMISSION OR DISCLOSURE OF
25 SUCH INFORMATION OUTSIDE OF THE UNITED STATES;
26 (III) THE CONSENT THERETO HAS BEEN GRANTED OR RENEWED BY THE QUALIFIED
27 PERSON NOT LESS FREQUENTLY THAN ANNUALLY;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10410-02-9
A. 7041 2
1 (IV) THE QUALIFIED PERSON HAS NOT REVOKED SUCH CONSENT, WHICH HE OR
2 SHE MAY DO AT ANY TIME; AND
3 (V) THE OBLIGATIONS OF THIS PARAGRAPH ARE PERFORMED BY THE HEALTH CARE
4 PROVIDER, PERSON OR ENTITY WHICH ACTUALLY DISCLOSES OR TRANSMITS, OR
5 INTENDS TO DISCLOSE OR TRANSMIT PATIENT INFORMATION OUTSIDE OF THE
6 UNITED STATES.
7 EVERY HEALTH CARE PROVIDER, AND PERSON OR ENTITY RECEIVING PATIENT
8 INFORMATION SHALL DISCLOSE TO THE QUALIFIED PERSON FOR PATIENT INFORMA-
9 TION WHETHER THE INFORMATION HAS BEEN OR WILL BE TRANSMITTED OR
10 DISCLOSED OUTSIDE OF THE UNITED STATES.
11 (C) EXCEPT WITH REGARD TO HEALTH CARE BEING PROVIDED TO A SUBJECT
12 OUTSIDE OF THE UNITED STATES AND SUBJECT TO THE PROVISIONS OF PARAGRAPH
13 (B) OF THIS SUBDIVISION, EVERY HEALTH CARE PROVIDER, OR PERSON OR ENTITY
14 RECEIVING PATIENT INFORMATION, WHICH TRANSMITS PATIENT INFORMATION
15 OUTSIDE OF THE UNITED STATES SHALL UTILIZE A FORM FOR THE WRITTEN
16 CONSENT OF A QUALIFIED PERSON WHICH:
17 (I) IS A SEPARATE DOCUMENT WHICH IS NOT PART OF OR ATTACHED TO ANY
18 OTHER DOCUMENT;
19 (II) IS DATED AND SIGNED BY THE QUALIFIED PERSON FOR THE PATIENT
20 INFORMATION; AND
21 (III) CLEARLY AND CONSPICUOUSLY DISCLOSES:
22 (A) THAT BY SIGNING THE QUALIFIED PERSON IS CONSENTING TO THE TRANS-
23 MISSION AND DISCLOSURE OF THE PATIENT INFORMATION OUTSIDE OF THE UNITED
24 STATES,
25 (B) THAT SUCH CONSENT MUST BE RENEWED ON AN ANNUAL BASIS,
26 (C) THAT THE QUALIFIED PERSON MAY WITHDRAW HIS OR HER CONSENT AT ANY
27 TIME, AND
28 (D) THE PROCEDURE FOR THE REVOCATION OF CONSENT.
29 (D) NO HEALTH CARE PROVIDER, OR ANY PERSON OR ENTITY RECEIVING PATIENT
30 INFORMATION SHALL DISCRIMINATE AGAINST ANY SUBJECT, OR DENY ANY SUBJECT
31 WITH REGARD TO THE PROVISION OF HEALTH CARE OR THE COVERAGE THEREOF ON
32 THE BASIS OF THE DENIAL OF CONSENT FOR TRANSMISSION OF PATIENT INFORMA-
33 TION OUTSIDE OF THE UNITED STATES.
34 (E) ALL PATIENT INFORMATION OF ANY SUBJECT WHO IS A RESIDENT OF THE
35 STATE AND SUCH INFORMATION RELATES TO HEALTH CARE PROVIDED IN THIS STATE
36 SHALL REMAIN SUBJECT TO THE PROVISIONS OF THIS SECTION AND ALL OTHER
37 PROVISIONS OF STATE LAW RELATING TO CONFIDENTIALITY REGARDLESS OF WHETH-
38 ER SUCH INFORMATION IS TRANSMITTED OR DISCLOSED OUTSIDE OF THIS STATE.
39 ANY PERSON, REGARDLESS OF WHERE THEY ARE SITUATE, WHO VIOLATES ANY SUCH
40 PROVISION OF LAW OR THIS SECTION SHALL BE SUBJECT TO THE JURISDICTION OF
41 THE COURTS OF THIS STATE FOR THE PURPOSES OF SUCH VIOLATION.
42 (F) ANY PERSON OR ENTITY WHO RECEIVES PATIENT INFORMATION FROM A
43 HEALTH CARE PROVIDER PURSUANT TO THIS SECTION, WHEN SUCH PERSON OR ENTI-
44 TY IS NOT OTHERWISE SUBJECT TO THE PROVISIONS OF THIS SECTION, SHALL:
45 (I) MAINTAIN THE CONFIDENTIALITY OF THE PATIENT INFORMATION AND SHALL
46 NOT DISCLOSE IT TO ANY OTHER PARTY EXCEPT AS PROVIDED BY THE LAWS OF
47 THIS STATE;
48 (II) BE LIABLE IN A CIVIL CAUSE OF ACTION IN THE COURTS OF THIS STATE,
49 BROUGHT BY A QUALIFIED PERSON OR SUBJECT WHO IS A RESIDENT OF THIS
50 STATE, FOR THE UNAUTHORIZED DISCLOSURE OF PATIENT INFORMATION; AND
51 (III) CONSENT TO THE JURISDICTION OF THE COURTS OF THIS STATE.
52 S 2. This act shall take effect on the first of January next succeed-
53 ing the date on which it shall have become a law.
