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A08884 Summary:

BILL NOA08884A
 
SAME ASSAME AS S07879-A
 
SPONSORLunsford
 
COSPNSRTapia, Rosenthal L, Hevesi, Seawright, Simone, Reyes, Rozic, Thiele
 
MLTSPNSR
 
Amd 206, Pub Health L
 
Requires the commissioner of health to establish rules and regulations requiring that all health information systems or electronic health record systems segregate certain patient information related to reproductive health services, gender-affirming care, sexually transmitted diseases, mental health services, alcohol or substance abuse treatment and other information from the rest of such patient's medical record.
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A08884 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A8884A
 
SPONSOR: Lunsford
  TITLE OF BILL: An act to amend the public health law, in relation to requiring all health information systems or electronic health record systems to segre- gate certain patient information from the rest of such patient's medical record   PURPOSE OR GENERAL IDEA OF BILL: To ensure patients have the ability to disclose only the medical records they wish to health information systems.   SUMMARY OF PROVISIONS: Section 1 requires the commissioner to establish rules and regulations regarding segregating patient information from health information systems or electronic health record systems. Section 2 sets the effective date.   DIFFERENCE BETWEEN THE ORIGINAL AND AMENDED VERSION: Amended paragraph (e) provides that the promulgated regulations include narrow exceptions to comply with State and Federal law and regulations requiring the disclosure of certain health information. Amended paragraph (e)(ii) specifies that engaging the automatic disabl- ing of "access to health information segregated pursuant to subparagraph (i) of this paragraph by individuals and entities in another state" shall only be done upon the patient's written authorization.   JUSTIFICATION: Electronic health records improve the quality of health care by ensuring that every provider who sees a patient has access to their medical history. But the information in a patient's electronic health record may be shared across state lines automatically and by default. In a post- Dobbs world, as other states move to criminalize abortion care and gender affirming care, this automatic sharing can put New York patients who travel or move to ban states, as well as the New York providers who care for them, at risk of criminalization. It also poses risks of discrimination for New York patients who later see New York providers who oppose abortion, gender affirming care, or other sensitive types of health care they previously received. Electronic health records are records-based systems, which means that a patient's entire medical record is available to all providers with access to the system or none of their record is shared. This legislation would require that electronic health record companies create the ability to segment electronic health records and suppress sensitive health information at a patient's direction. It would enable patients to reap the health benefits of electronic health records without risking that information about their abortion, gender affirming care, or other sensi- tive health care will be shared against their will and used against them.   PRIOR LEGISLATIVE HISTORY: New bill   FISCAL IMPLICATIONS: TBD   EFFECTIVE DATE: This act shall take effect immediately.
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A08884 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         8884--A
 
                   IN ASSEMBLY
 
                                    January 26, 2024
                                       ___________
 
        Introduced  by M. of A. LUNSFORD, TAPIA -- read once and referred to the
          Committee on Health -- recommitted  to  the  Committee  on  Health  in
          accordance  with Assembly Rule 3, sec. 2 -- committee discharged, bill
          amended, ordered reprinted as amended and recommitted to said  commit-
          tee
 
        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  consistent with state and federal law and regulations, including but not
     6  limited  to  article  thirty-three of the mental hygiene law and section
     7  twenty-seven hundred eighty-two of this chapter,  requiring  any  health
     8  information  system  or electronic health record system operating in the
     9  state of New York that electronically stores or maintains medical infor-
    10  mation, electronic health records, personal health records, health  care
    11  claims, payment and other administrative data on behalf of a provider of
    12  health  care, health care service plan, pharmaceutical company, contrac-
    13  tor, or employer to develop capabilities, policies, and procedures to:
    14    (i)  segregate  health  information  related  to  reproductive  health
    15  services  as  defined  in  paragraph  (a)  of subdivision one of section
    16  sixty-five hundred thirty-one-b of the education  law,  gender-affirming
    17  care  as  defined  in paragraph (c) of subdivision one of section sixty-
    18  five hundred thirty-one-b of the education law, care protected under  42
    19  CFR part 2, diagnosis and treatment for a sexually transmitted infection
    20  or  HIV, mental health services, alcohol or substance use treatment, and
    21  any other health care services determined by  the  commissioner  through
    22  regulations,  in  consultation  with medical providers and patient advo-
    23  cates, from the rest of the patient's record;
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13926-04-4

        A. 8884--A                          2
 
     1    (ii) limit user access privileges  to  health  information  segregated
     2  pursuant  to  subparagraph  (i)  of this paragraph to only those persons
     3  whom the patient has specifically authorized to access the health infor-
     4  mation;
     5    (iii)  provide  the  ability to automatically disable access to health
     6  information segregated pursuant to subparagraph (i) of this paragraph by
     7  individuals and entities in another state with the  documented  authori-
     8  zation of the patient; and
     9    (iv)  unless  otherwise  ordered by a court of competent jurisdiction,
    10  notify the patient and the provider who rendered the care documented  in
    11  the  health  information segregated pursuant to subparagraph (i) of this
    12  paragraph at least thirty days prior to complying with a  civil,  crimi-
    13  nal,  or  regulatory  inquiry,  investigation,  subpoena, or summons for
    14  health information segregated pursuant to subparagraph (i) of this para-
    15  graph.
    16    § 2. This act shall take effect on the one hundred eightieth day after
    17  it shall have become a law.  Effective immediately, the addition, amend-
    18  ment and/or repeal of any rule or regulation necessary for the implemen-
    19  tation of this act on its effective date are authorized to be  made  and
    20  completed on or before such effective date.
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