Text of NY S 7879 (2024)

STATE OF NEW YORK ________________________________________________________________________ 7879 IN SENATE January 3, 2024 ___________ Introduced by Sen. FERNANDEZ -- read twice and ordered printed, and when printed to be committed to the Committee on Health 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 requiring any health information system or electronic health record 6 system operating in the state of New York that electronically stores or 7 maintains medical information, electronic health records, personal 8 health records, health care claims, payment and other administrative 9 data on behalf of a provider of health care, health care service plan, 10 pharmaceutical company, contractor, or employer to develop capabilities, 11 policies, and procedures to: 12 (i) segregate health information related to reproductive health 13 services as defined in paragraph (a) of subdivision one of section 14 sixty-five hundred thirty-one-b of the education law, gender-affirming 15 care as defined in paragraph (c) of subdivision one of section sixty- 16 five hundred thirty-one-b of the education law, care protected under 42 17 CFR part 2, diagnosis and treatment for a sexually transmitted infection 18 or HIV, mental health services, alcohol or substance use treatment, and 19 any other health care services determined by the commissioner through 20 regulations, in consultation with medical providers and patient advo- 21 cates, from the rest of the patient's record; 22 (ii) limit user access privileges to health information segregated 23 pursuant to subparagraph (i) of this paragraph to only those persons 24 whom the patient has specifically authorized to access the health infor- 25 mation; EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD13926-01-3 S. 7879 2 1 (iii) provide the ability to automatically disable access to health 2 information segregated pursuant to subparagraph (i) of this paragraph by 3 individuals and entities in another state; and 4 (iv) unless otherwise ordered by a court of competent jurisdiction, 5 notify the patient and the provider who rendered the care documented in 6 the health information segregated pursuant to subparagraph (i) of this 7 paragraph at least thirty days prior to complying with a civil, crimi- 8 nal, or regulatory inquiry, investigation, subpoena, or summons for 9 health information segregated pursuant to subparagraph (i) of this para- 10 graph. 11 § 2. This act shall take effect immediately.