A01190 Summary:

BILL NOA01190
 
SAME ASSAME AS S03696
 
SPONSORBraunstein
 
COSPNSRSkoufis, Mosley, Jaffee, Miller MG, Brindisi, Arroyo, Hooper, Gottfried, Zebrowski, Cook, Montesano, Finch, Seawright, Friend, Jenne, Galef, Kavanagh, Hevesi, Weprin
 
MLTSPNSRHikind, McDonough, Palmesano, Peoples-Stokes, Schimminger, Simon, Titone
 
Add 2806-c, Pub Health L; amd 50-c, Civ Rts L
 
Relates to requiring a medical facility or related services to obtain express prior written consent before filming and/or broadcasting of visual images of a patient's medical treatment.
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A01190 Actions:

BILL NOA01190
 
01/11/2017referred to health
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A01190 Committee Votes:

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A01190 Floor Votes:

There are no votes for this bill in this legislative session.
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A01190 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A1190
 
SPONSOR: Braunstein (MS)
  TITLE OF BILL: An act to amend the public health law and the civil rights law, in relation to prohibiting the making and/or broadcasting of visual images of individuals undergoing medical treatment without prior written consent   PURPOSE OR GENERAL IDEA OF BILL: To protect patients undergoing treatment from having images or speech broadcast without consent.   SUMMARY OF SPECIFIC PROVISIONS: Section 1. Adds a new section 2806-c to the Public Health Law. Section 2806-c (1) provides that every patient in a health care facility shall have the right to privacy in treatment, which includes the broad- casting of a patient's image or speech. This section also offers an exception when such broadcast is for the specific purposes of advancing the health care treatment of the individual, a quality assurance program, the education or training of health care personnel, or neces- sary security purposes. 2806-c (2) provides an explanation of "privacy in treatment." Privacy in treatment entails that the health care facility must obtain express written consent on a separate document used solely for the purpose of the consent to broadcasting, from the individual receiving treatment, obtained before broadcasting the image or voice of the patient in treat- ment. When the broadcast is for the purpose of education or training of health care personnel, the patient must be informed of and has the right to refuse the making or broadcasting for that purpose. If the patient cannot reasonably do so due to incapacity, a person who is legally authorized to make health care decisions for the patient or otherwise authorized to consent may grant such consent or exercise such refusal. 2806-c.3 provides definitions. "Health care facility" means a residen- tial health care facility, general hospital, free-standing ambulatory care facility, diagnostic and/or treatment center and clinic authorized under this article, or ambulance service as defined by subdivision two of section 3001 of the Public Health Law or voluntary ambulance service, as defined by subdivision three of section 3001 of the PHL. "Quality assurance" is defined as any evaluation of services provided in or by a health care facility for the purposes of improvement in safety, quality, or outcomes. "Education or training of health care personnel" shall mean a program of education or training of health care personnel or students being educated or training to be health care personnel, and which the health care facility has authorized. "Broadcasting a visual image" is defined as the transmission by one of several methods, including by broadcast, cable, closed circuit, Inter- net, TV or other visual medium, social media, or other system by which it can be viewed in violation of the privacy rights and expectations of a patient. 2806-c.4 states that nothing in this section shall diminish or impair any right or remedy otherwise applicable to any patient. Section 2. Amends section 50-c of the Civil Rights Law. Adds a private right of action for a violation of Section 2806-c of the Public Health Law regarding the right to have privacy in treatment and in caring for personal needs, including the broadcasting of an image or voice of a patient undergoing treatment. This section also provides that the indi- vidual or his or her estate representative may bring an action for damages, and the cause of action shall survive the death of the individ- ual. Section 3. Sets forth the effective date.   JUSTIFICATION: Under the federal HIPPA law, a patient's private health information is not to be shared, with the exception of those designated by the patient. As such, hospitals and doctors have imposed many rules that are intended to protect patient privacy. Despite this, a reality medical television show on ABC, "NY Med", broadcast intimate details of a patient's health at NewYork-Presbyterian Hospital/Weill Cornell Medical Center. One patient, Mark Chanko, passed away during the course of the filming after he was hit by a sanitation truck. Mr. Chanko's widow, Anita, was already watching an episode of NY Med when a new segment of the show started. As it progressed, she realized that the patient that was being shown, despite the face being blurred out, was Mark. She heard her husband asking for her while in his hospital bed, and saw his eventual death on her television. Mrs. Chanko became incredibly distraught after having to relive the most horrifying experience of her life. The hospi- tal and NY Med did not seek permission from either Mark or his family before commencing the filming, or even before the show was broadcast. Patients have an expectation and a right to privacy when being treated in a medical facility. To broadcast this treatment without permission is an outrageous violation of their rights to privacy as a patient. Viewing the medical treatment, including the death, of a close family member, is traumatic for those who have gone through such a disturbing experience. Therefore, seeking permission from patients or those who are their power of attorney, health care proxy, or next of kin will prevent patients and their families from being subject to additional suffering.   PRIOR LEGISLATIVE HISTORY: 2015-2016: A.5161-D/S.4622-C - Ordered to Third Reading Rules Cal. 436.   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: This act shall take effect immediately.
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A01190 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1190
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 11, 2017
                                       ___________
 
        Introduced  by M. of A. BRAUNSTEIN, SKOUFIS, MOSLEY, JAFFEE, M. G. MILL-
          ER, BRINDISI, ARROYO, HOOPER, GOTTFRIED, ZEBROWSKI,  COOK,  MONTESANO,
          FINCH,  SALADINO,  SEAWRIGHT,  FRIEND, JENNE, GALEF, KAVANAGH, HEVESI,
          WEPRIN -- Multi-Sponsored by -- M. of A. HIKIND, McDONOUGH, PALMESANO,
          PEOPLES-STOKES, SCHIMMINGER, SIMON, TITONE -- read once  and  referred
          to the Committee on Health
 
        AN  ACT  to  amend  the  public  health law and the civil rights law, in
          relation to prohibiting  the  making  and/or  broadcasting  of  visual
          images of individuals undergoing medical treatment without prior writ-
          ten consent
 
          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  2806-c to read as follows:
     3    §  2806-c.  Restrictions on broadcasting of patients. 1. Every patient
     4  in a health care facility shall have the right to have privacy in treat-
     5  ment and in caring for personal needs, including the broadcasting of the
     6  recognizable image or speech of such patient involved in a  health  care
     7  procedure  in  such  facility,  with  the exception of broadcasting such
     8  image or speech for the purposes of advancing the health care  treatment
     9  of  the individual, a quality assurance program, the education or train-
    10  ing of health care personnel, or necessary security purposes.
    11    2. Such privacy in treatment shall include the obtaining by the health
    12  care facility of express written consent on  a  separate  document  used
    13  solely  for  such purpose from an individual receiving treatment in such
    14  facility prior to broadcasting the recognizable image or speech of  such
    15  patient  involved  in  such  treatment.  In the case of broadcasting the
    16  recognizable image or speech for education or training  of  health  care
    17  personnel,  the  patient  shall have the right to know of and shall have
    18  the right to refuse the broadcasting for that purpose. A person  legally
    19  authorized  to  make  health care decisions for the patient or otherwise
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01750-01-7

        A. 1190                             2
 
     1  authorized to consent may grant such consent or exercise such refusal if
     2  the patient cannot reasonably do so due to such patient's incapacity.
     3    3. For the purposes of this section:
     4    (a) "health care facility" shall mean a residential health care facil-
     5  ity,  general hospital, free-standing ambulatory care facility, diagnos-
     6  tic and/or treatment center and clinic authorized under this article, or
     7  ambulance operated by an ambulance service as defined by subdivision two
     8  of section three thousand one of this chapter or by  a  voluntary  ambu-
     9  lance  service as defined by subdivision three of section three thousand
    10  one of this chapter;
    11    (b) "quality assurance" shall mean any evaluation of services provided
    12  in or by a health care facility for purposes of improvement  in  safety,
    13  quality or outcomes;
    14    (c)  "education  or  training  of  health care personnel" shall mean a
    15  program of education or training of health care  personnel  or  students
    16  being  educated  or trained to be health care personnel, that the health
    17  care facility has authorized;
    18    (d) "broadcasting" of an image or speech shall  mean  transmission  by
    19  broadcast, cable, closed circuit, internet or other television or visual
    20  medium,  social  media,  or  other  system  by which it can be viewed in
    21  violation of the privacy rights and expectations of a patient.
    22    4. Nothing in this section shall diminish or impair any right or reme-
    23  dy otherwise applicable to any patient.
    24    § 2. Section 50-c of the civil rights law, as amended by  chapter  643
    25  of the laws of 1999, is amended to read as follows:
    26    §  50-c. Private right of action.  1. If the identity of the victim of
    27  an offense defined in subdivision one of section fifty-b of this article
    28  is disclosed in violation of such section, any person  injured  by  such
    29  disclosure  may bring an action to recover damages suffered by reason of
    30  such wrongful disclosure. In any action brought under this section,  the
    31  court  may award reasonable [attorney's] attorneys' fees to a prevailing
    32  plaintiff.
    33    2. If the privacy of an individual as defined in section  twenty-eight
    34  hundred  six-c  of  the  public  health  law regarding the right to have
    35  privacy in treatment and in caring for  personal  needs,  including  the
    36  broadcasting  of  the recognizable image or speech of a patient involved
    37  in a health care procedure in such a facility has  been  violated,  such
    38  individual  or  his  or her estate representative may bring an action to
    39  recover damages suffered by reason of  such  violation.  In  any  action
    40  brought  under  this  section, the court may award reasonable attorneys'
    41  fees to a prevailing plaintiff. The cause of action created herein shall
    42  survive the death of such individual.
    43    § 3. This act shall take effect immediately.
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A01190 LFIN:

 NO LFIN
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A01190 Chamber Video:

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