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A08292 Summary:

BILL NOA08292
 
SAME ASNo Same As
 
SPONSORBurke
 
COSPNSR
 
MLTSPNSR
 
Add §18-c, Pub Health L
 
Establishes the central healthcare data system which stores medical records and information and provides such medical records and information to authorized users.
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A08292 Actions:

BILL NOA08292
 
11/27/2023referred to health
01/03/2024referred to health
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A08292 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A8292
 
SPONSOR: Burke
  TITLE OF BILL: An act to amend the public health law, in relation to establishing the central healthcare data system   PURPOSE OR GENERAL IDEA OF BILL: THIS BILL WOULD ESTABLISH A STATEWIDE HEALTHCARE DATABASE, PERMITTING CERTAIN AUTHORIZED USERS INCLUDING HEALTHCARE PROVIDERS, PROFESSIONAL NURSES, AND PHARMACISTS TO INPUT MEDICAL RECORDS AND INFORMATION FOR LATER USE BY OTHER AUTHORIZED USERS FOR HEALTHCARE PURPOSES.   SUMMARY OF PROVISIONS: Section 1 lists definitions of the terms "authorized user", "central healthcare data system", referred to in the bill as "system", and "patient".' Section 2 directs the state health department to establish a central healthcare data system. Section 3 states that all authorized users must provide all medical records and information on their patients to the system within fourteen days of such records and information being created. Section 4 states that all information maintained by the department in the system shall remain to confidential to non-authorized users. Section 5 states that incomplete medical records and information shall not prohibit entry of incomplete but viable data into the system. Section 6 states that access to the system shall be limited solely to authorized users, and that the commissioner of the system may judge the authenticity of any user and refuse access to any user if deemed appro- priate. Section 7 states that any parent or guardian of persons under the age of 18 may request a copy of. their medical records and information. Section 8 states that the commissioner shall set regulations as neces- sary to carry out these provisions, including at a minimum a method for assigning and authenticating each user identification and password assigned. Section 9 states that no authorized user shall be subjected to civil or criminal liability or to be deemed to have engaged in unprofessional conduct for reporting, receiving, or disclosing information relating to the system if in accordance with the provisions of this section and any regulation. This act shall take effect one year after it shall have become law.   DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE): N/A   JUSTIFICATION: The internet has provided us with an unprecedented amount of both instant communication and data storage. Never before in human history has it been possible to communicate information from Buffalo to Long Island in less than a second. This technological advancement provides New York State with an unprecedented opportunity tO streamline and hasten communication between healthcare professionals so they can receive urgently important information 'regarding their patients. This bill would allow authorized users to input and access patient medical records and information onto a statewide data system, which will grant healthcare providers immediate knowledge of a patient's specific needs and problems. This bill will still retain the confidentially of patients, as only authorized users are permitted to access the system and may only do so in order to assist their patients. This bill will make healthcare more efficient and more effective as medical information can be transmitted instantaneously_   PRIOR LEGISLATIVE HISTORY: N/A   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: : Click here to enter text.   EFFECTIVE DATE: Click here to enter text.
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A08292 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8292
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                    November 27, 2023
                                       ___________
 
        Introduced  by M. of A. BURKE -- read once and referred to the Committee
          on Health
 
        AN ACT to amend the public health law, in relation to  establishing  the
          central healthcare data system
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The public health law is amended by adding  a  new  section
     2  18-c to read as follows:
     3    §  18-c.  Central  healthcare data system. 1. For the purposes of this
     4  section:
     5    (a) The term "authorized user" shall mean any person or entity author-
     6  ized by a patient to provide  information  on  such  patient  to  or  to
     7  receive  information about such patient from the central healthcare data
     8  system and shall include, but not be limited to, health  care  providers
     9  and their designees, registered professional nurses, and pharmacists. An
    10  authorized  user  may be located outside New York state. An entity shall
    11  be an authorized user only with  respect  to  their  patients  who  have
    12  authorized access to such patients' information within the system.
    13    (b) The term "central healthcare data system" or "system" shall mean a
    14  statewide  computerized database maintained by the department capable of
    15  collecting, storing, and disclosing electronic and paper medical records
    16  and information.
    17    (c) The term "patient" shall mean a  person  seeking  or  receiving  a
    18  health care service from the health care provider.
    19    2. The department is hereby directed to establish a central healthcare
    20  data system that shall:
    21    (a)  collect  medical  records  and  information  from  and distribute
    22  medical records and information  to  authorized  users  to  ensure  such
    23  authorized  users  are aware of a patient's entire medical history so as
    24  to ensure the highest quality of health care is provided;
    25    (b) establish the public health infrastructure  necessary  to  obtain,
    26  collect, preserve, and disclose medical records and information; and
    27    (c)  protect the confidentiality of an individual's identifying infor-
    28  mation and the privacy of persons included in the system.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13042-01-3

        A. 8292                             2
 
     1    3. (a) All authorized users shall  provide  all  medical  records  and
     2  information  on  their  patients  to  the central healthcare data system
     3  within fourteen days of  such  medical  records  and  information  being
     4  created.
     5    (b) All authorized users shall retrieve all medical records and infor-
     6  mation  on their patients from the central healthcare data system before
     7  providing any healthcare services; provided, however, an authorized user
     8  shall retrieve all medical records and  information  on  their  patients
     9  from  the  central  healthcare  data  system within twenty-four hours of
    10  beginning to provide any healthcare services where emergency  healthcare
    11  services  were  required  to  protect  the  life  and  well-being of the
    12  patient.
    13    4.  (a)  All  information  maintained  by  the  department  under  the
    14  provisions  of this section shall be confidential except as necessary to
    15  carry out the provisions of this section and shall not be  released  for
    16  any other purpose.
    17    (b)  No  authorized  user  to  whom medical records and information is
    18  furnished by the system shall divulge any part thereof,  except  insofar
    19  as  such  disclosure is necessary for the best interests of the patient,
    20  consistent with the purposes of this section.
    21    5. Submission of incomplete medical records and information shall  not
    22  prohibit  entry  of  incomplete  but  viable  data  into the system. All
    23  authorized users shall provide the department with additional or  clari-
    24  fying  information  upon  request  reasonably related to the purposes of
    25  this section.
    26    6. (a) Access and use of the system shall  be  limited  to  authorized
    27  users.    The  commissioner  shall  provide a method by which authorized
    28  users shall apply for access to the system.
    29    (b) The commissioner may judge  the  legitimacy  of  any  request  for
    30  access and use of the system and may refuse such access and use based on
    31  the  authenticity  of the request, credibility of the authorized user or
    32  other reasons as provided for by the commissioner.
    33    7. Any patient, or his or her parent, or guardian, or other person  in
    34  parental  or  custodial  relation for persons under the age of eighteen,
    35  who has any medical records and information in the system may request  a
    36  copy  of  such  medical  records and information according to procedures
    37  established by the commissioner.
    38    8. The commissioner  shall  promulgate  regulations  as  necessary  to
    39  effectuate  the  provisions  of  this  section.  Such  regulations shall
    40  include provisions for  orderly  implementation  and  operation  of  the
    41  system,  including  the method by which each category of authorized user
    42  may access the system. Access standards shall include  at  a  minimum  a
    43  method  for  assigning  and  authenticating each user identification and
    44  password assigned.
    45    9. No authorized user shall be subjected to civil or criminal  liabil-
    46  ity, or be deemed to have engaged in unprofessional conduct, for report-
    47  ing to, receiving from, or disclosing information relating to the system
    48  when  made  reasonably  and  in  good  faith  and in accordance with the
    49  provisions of this section or any regulation adopted thereto.
    50    § 2. This act shall take effect one year after it shall have become  a
    51  law. Effective immediately, the addition, amendment and/or repeal of any
    52  rule  or  regulation necessary for the implementation of this act on its
    53  effective date are authorized to be made and completed on or before such
    54  effective date.
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