Bill Text: NY S07911 | 2017-2018 | General Assembly | Introduced

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Bill Title: Relates to the unlawful possession of a patient record; a class A misdemeanor.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2018-06-20 - COMMITTED TO RULES [S07911 Detail]

Download: New_York-2017-S07911-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          7911
                    IN SENATE
                                      March 9, 2018
                                       ___________
        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 250.70 to
     2  read as follows:
     3  § 250.70 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 him or her without legal authority,
     7  and  intentionally disregards a written demand by a health care provider
     8  that lawfully possessed such record,  or  by  the  patient  who  is  the
     9  subject of such record, to return or destroy the record. For the purpose
    10  of  this  section,  "patient  record"  shall mean patient information as
    11  defined in section eighteen of the public health law that is in  written
    12  or electronic form, and "person" does not include a covered entity with-
    13  in 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.
                                                                   LBD15054-01-8