Bill Text: NY A08884 | 2023-2024 | General Assembly | Amended

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced) 2024-02-22 - print number 8884a [A08884 Detail]

Download: New_York-2023-A08884-Amended.html

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                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.