•  Summary 
  •  
  •  Actions 
  •  
  •  Committee Votes 
  •  
  •  Floor Votes 
  •  
  •  Memo 
  •  
  •  Text 
  •  
  •  LFIN 
  •  
  •  Chamber Video/Transcript 

A00420 Summary:

BILL NOA00420B
 
SAME ASNo Same As
 
SPONSORBraunstein (MS)
 
COSPNSRMosley, Jaffee, Miller MG, Arroyo, Gottfried, Zebrowski, Cook, Montesano, Finch, Seawright, Friend, Galef, Hevesi, Weprin, Rosenthal L, Griffin
 
MLTSPNSRMcDonough, Nolan, Palmesano, Peoples-Stokes, Schimminger, Simon
 
Add 2806-c, Pub Health L; amd 50-c, Civ Rts L
 
Relates to requiring a medical facility or related service to obtain express prior written consent before filming and/or broadcasting of visual images of a patient's medical treatment.
Go to top    

A00420 Actions:

BILL NOA00420B
 
01/09/2019referred to health
01/15/2019reported referred to codes
04/30/2019reported
05/02/2019advanced to third reading cal.215
06/03/2019amended on third reading 420a
06/11/2019amended on third reading 420b
Go to top

A00420 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A420B
 
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: Relates to requiring a medical facility to obtain express prior written consent before the making and/or broadcasting of visual images of a patient's medical treatment.   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 in this State shall have the right to privacy in treatment and in caring for personal needs, which includes the broadcasting of the recognizable image or speech of such patient involved in a health care procedure within the confines of such facility. This section also offers an excep- tion 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 necessary securi- ty 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 in such facility, obtained before broadcasting the recognizable image or speech of the patient in treatment. 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 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 within an ambulance with all doors closed oper- ated by an ambulance service as defined by subdivision two of section 3001 of the Public Health Law (PHL) 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" of an image or speech is defined as the transmission by one of several methods, including by broadcast, cable, closed circuit, Internet, TV or other visual medium, social media, or other system by which it can be viewed in violation of the privacy rights and expecta- tions of a patient. Provided however, that broadcasting shall not include incidental trans- mission of the image or speech of an individual being treated, trans- ported, or otherwise cared for or attended to by an ambulance service at an ambulance response scene, public area, or during delivery or admis- sion to a health care facility, that is captured by news media, bystan- ders or other who do not have the written consent of such ambulance service or voluntary ambulance service. Nothing in this section shall apply where such recognizable image or speech is broadcast or conveyed as part of the news gathering process among professional journalists, newscasters, or other individuals or entities defined in subdivision (a) of Section 79-h of the Civil Rights Law, and their agents and legal advisors, but not broadcast to the public. 2806-c (4) provides that no health care facility, as defined in para- graph (a) of subdivision 3 of this section, shall incur any liability under this section for the broadcasting by a third party of the recogni- zable image or speech of a patient involved in a health care facility when such image was obtained by a third party without the knowledge or consent of the facility or its staff. 2806-c (5) 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 and shall only apply to violations occurring on or after the effec- tive date of this subdivision. Section 3. Sets forth the effective date.   JUSTIFICATION: Under the federal HIPAA 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 New York-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 legally authorized to make health care decisions for the patient, will prevent patients and their families from being subject to addi- tional suffering.   PRIOR LEGISLATIVE HISTORY: 2015-2016: A.5161-D/S.4622-C - Ordered to Third Reading. 2017-2018: A.1190-B/S.3696-B - Ordered to Third Reading.   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: This act shall take effect immediately.
Go to top

A00420 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         420--B
                                                                Cal. No. 215
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (Prefiled)
 
                                     January 9, 2019
                                       ___________
 
        Introduced by M. of A. BRAUNSTEIN, MOSLEY, JAFFEE, M. G. MILLER, ARROYO,
          GOTTFRIED,  ZEBROWSKI,  COOK,  MONTESANO,  FINCH,  SEAWRIGHT,  FRIEND,
          GALEF, HEVESI, WEPRIN, ABINANTI, L. ROSENTHAL, GRIFFIN --  Multi-Spon-
          sored  by  --  M.  of  A. McDONOUGH, NOLAN, PALMESANO, PEOPLES-STOKES,
          SCHIMMINGER, SIMON -- read once  and  referred  to  the  Committee  on
          Health  -- reported and referred to the Committee on Codes -- reported
          from committee, advanced to  a  third  reading,  amended  and  ordered
          reprinted,  retaining its place on the order of third reading -- again
          amended on third reading, ordered reprinted, retaining  its  place  on
          the order of third reading
 
        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 in this state shall have  the  right  to  have
     5  privacy  in  treatment  and  in caring for personal needs, including the
     6  broadcasting of  the  recognizable  image  or  speech  of  such  patient
     7  involved  in a health care procedure within the confines of such facili-
     8  ty, with the exception of broadcasting such  image  or  speech  for  the
     9  purposes  of  advancing  the  health care treatment of the individual, a
    10  quality assurance program, the education  or  training  of  health  care
    11  personnel, or necessary security purposes.
    12    2. Such privacy in treatment shall include the obtaining by the health
    13  care  facility  of  express  written consent on a separate document used
    14  solely for such purpose from an individual receiving treatment  in  such
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02693-08-9

        A. 420--B                           2
 
     1  facility  prior to broadcasting the recognizable image or speech of such
     2  patient involved in such treatment. In  the  case  of  broadcasting  the
     3  recognizable  image  or  speech for education or training of health care
     4  personnel,  the  patient  shall have the right to know of and shall have
     5  the right to refuse the broadcasting for that purpose. A person  legally
     6  authorized  to  make  health care decisions for the patient or otherwise
     7  authorized to consent may grant such consent or exercise such refusal if
     8  the patient cannot reasonably do so due to such patient's incapacity.
     9    3. For the purposes of this section:
    10    (a) "health care facility" shall mean a residential health care facil-
    11  ity, general hospital, free-standing ambulatory care facility,  diagnos-
    12  tic and/or treatment center and clinic authorized under this article, or
    13  within  an  ambulance  with  all  doors  closed operated by an ambulance
    14  service as defined by subdivision two of section three thousand  one  of
    15  this  chapter or by a voluntary ambulance service as defined by subdivi-
    16  sion three of section three thousand one of this chapter;
    17    (b) "quality assurance" shall mean any evaluation of services provided
    18  in or by a health care facility for purposes of improvement  in  safety,
    19  quality or outcomes;
    20    (c)  "education  or  training  of  health care personnel" shall mean a
    21  program of education or training of health care  personnel  or  students
    22  being  educated  or trained to be health care personnel, that the health
    23  care facility has authorized;
    24    (d) "broadcasting" of an image or speech shall  mean  transmission  by
    25  broadcast, cable, closed circuit, internet or other television or visual
    26  medium,  social  media,  or  other  system  by which it can be viewed in
    27  violation of the privacy rights and expectations of a patient.  Provided
    28  however, that broadcasting shall not include incidental transmission  of
    29  the  image  or  speech  of  an  individual being treated, transported or
    30  otherwise cared for or attended to by an ambulance service as defined in
    31  subdivision two of section three thousand one of this chapter  or  by  a
    32  voluntary  ambulance  service as defined in subdivision three of section
    33  three thousand one of this chapter,  at  an  ambulance  response  scene,
    34  public  area  or during delivery or admission to a health care facility,
    35  that is captured by news media, bystanders or others who do not have the
    36  written  consent  of  such  ambulance  service  or  voluntary  ambulance
    37  service.
    38    (e)  Nothing in this section shall apply where such recognizable image
    39  or speech is broadcast or conveyed as part of the news gathering process
    40  among professional journalists,  newscasters  or  other  individuals  or
    41  entities,  including  those defined in subdivision (a) of section seven-
    42  ty-nine-h of the civil rights law, and their agents and legal  advisers,
    43  but not broadcast to the public.
    44    4. No health care facility, as defined in paragraph (a) of subdivision
    45  three  of this section, shall incur any liability under this section for
    46  the broadcasting by a third party of the recognizable image or speech of
    47  a patient involved in a health care procedure in the facility when  such
    48  image or speech was obtained by the third party without the knowledge or
    49  consent of the facility or its staff.
    50    5.    Nothing  in  this  section shall diminish or impair any right or
    51  remedy otherwise applicable to any patient.
    52    § 2. Section 50-c of the civil rights law, as amended by  chapter  643
    53  of the laws of 1999, is amended to read as follows:
    54    §  50-c. Private right of action.  1. If the identity of the victim of
    55  an offense defined in subdivision one of section fifty-b of this article
    56  is disclosed in violation of such section, any person  injured  by  such

        A. 420--B                           3

     1  disclosure  may bring an action to recover damages suffered by reason of
     2  such wrongful disclosure. In any action brought under this section,  the
     3  court may award reasonable attorney's fees to a prevailing plaintiff.
     4    2.  If the privacy of an individual as defined in section twenty-eight
     5  hundred six-c of the public health  law  regarding  the  right  to  have
     6  privacy  in  treatment  and  in caring for personal needs, including the
     7  broadcasting of the recognizable image or speech of a  patient  involved
     8  in  a  health  care procedure in such a facility has been violated, such
     9  individual or his or her estate representative may bring  an  action  to
    10  recover  damages  suffered  by  reason  of such violation. In any action
    11  brought under this section, the court may  award  reasonable  attorney's
    12  fees to a prevailing plaintiff. The cause of action created herein shall
    13  survive  the death of such individual and shall only apply to violations
    14  occurring on and after the effective date of this subdivision.
    15    3. Nothing in this section shall diminish or impair any right or reme-
    16  dy otherwise applicable to any patient.
    17    § 3. This act shall take effect immediately.
Go to top