NY State Senate Bill 2009-S4111

Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to consumer protection
Jun 08, 2009	print number 4111a
Jun 08, 2009	amend (t) and recommit to consumer protection
Apr 13, 2009	referred to consumer protection

Bill Amendments

Original

A (Active)

2009-S4111 - Details

See Assembly Version of this Bill:: A6929
Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Amd §270, add §276-c, Pub Health L; amd Part C §79, Chap 58 of 2005
Versions Introduced in Other Legislative Sessions:: 2011-2012: S2591
2013-2014: S2308

2009-S4111 - Summary

Requires prescription information to be kept confidential.

2009-S4111 - Sponsor Memo

                                 BILL NUMBER:  S4111

 TITLE OF BILL :
An act to amend the general business law, in relation to the use of
prescription information containing prescriber-identifiable data


 PURPOSE OR GENERAL IDEA OF BILL :
Would require the written consent of physicians to allow the sale of
prescription drug data containing the physicians' identity.

 SUMMARY OF SPECIFIC PROVISIONS :
Amends the General Business Law by adding a new article 9-D

§ 149-a. Records relating to prescription information shall not be
licensed, transferred, used, or sold by any pharmacy, benefits
manager, insurance company electronic transmission intermediary,
retail, mail order, or internet pharmacy for commercial purposes
without the written consent of the physician who issued the
prescription. Such authorization will be valid for no more than a
year. The written consent will not be required for the limited
purposes of pharmacy reimbursement; formulary compliance, care
management, utilization review by a health care provider, the
patient's insurance provider, health care research, or as otherwise
provided by law.

If there is a violation of this law the physician may make an
application on his or her behalf or by the Attorney General. If a
violation is found to have occurred a civil penalty of not less than
$500 shall be imposed.

 JUSTIFICATION :
Prescription drug costs are the fastest growing component of health
care spending in the United States. Prescription drug marketing has
exacerbated this problem through an educational sales tactic used by
drug manufacturers called "detailing" in which doctors are
"encouraged" to prescribe the most expensive medicines thereby fueling
spiraling health care costs.

Drug manufacturers have used a powerful tool in their on-going efforts
to influence physician prescription choices: the use of continuously
updated databases containing individual physician prescribing
practices.  These databases have been created, sold, and used without
the physi- cian's knowledge or consent. Drug detailers have almost
real time computer access to prescriber reports that let them know,
right down to the pill, what the doctor is prescribing and how to
tailor their sales tactics when they meet with physicians emasculated
by this uncontrolled invasion of their professional privacy. This
enables pharmaceutical "detailers" to use these personal/professional
data as a Psychological tool to manipulate a doctor's prescription
choices.

Data mining companies purchase physician specific prescription drug
data from pharmacies, pharmacy benefits management companies (PEMs),
and insurance companies and related physician identifying data from
the American Medical Association. These data mining companies then
sell the information to pharmaceutical manufacturers who distribute
doctor-by-doctor reports to their detailers, allowing them to target
specific physicians with near virtual realtime individual doctor
prescribing information. Drug detailers, many of whom have cultivated
relationships with physicians and their office staff, routinely
pressure physicians to prescribe newer and more expensive medications
despite the availability of equivalent generic alternatives that are
cheaper and just as suitable for the patients' needs. The prescribing
data allows drug detailers to tailor their marketing messages to

individual physicians and use carefully selected data to influence
doctors to change their prescribing to a particular product.

Unless and until the pharmaceutical industry's use of this
Psychological technique to pressure physicians in prescription drug
choice is disabled, all cost constraint efforts by both the public and
private sectors will not reach their potential efficacy.

Why is this a problem for New York?

Prescription drugs expenditures affects the budgets of New York State
and local governments that cover such costs under various health
programs. New York State spends nearly half of its budget for public
health care costs (Medicaid and Child Health Plus). New York State
also provides health benefits for 1.2. million state workers and their
families as well as retired state workers at a cost of about $6
billion annually. Local governments spend billions more for employee
health benefits including $3 billion annually for school district
employees.

Despite efforts to reign in the costs associated with the prescribing
of brand name drugs through such vehicles as higher co-pays and
preferential drug coverage policies promoting generics, usage of
expensive brand prescription drugs by government employees and their
beneficiaries (and Medicaid recipients) continues to exacerbate
already dire budget problems.

Voluntary Opt-Out Program Does Not Work

Despite claims to the contrary, an AMA sponsored solution for this
problem has been largely ineffectual. The AMA's so-called voluntary
opt-out program, the Physician Data Restriction Program (PDRP), has
been signed onto by only 18,000 (2%) of 800,000 physicians in the
United States who are largely unaware of its existence. Under this
program a physician can request that the pharmaceutical company
voluntarily have its detail people not use the commercially purchased
physician prescribing data in their contacts with doctors.
Furthermore, the AMA program only allows physicians to opt-out for
three years. The opt-out only means that the pharmaceutical companies
have agreed not to release individual provider information to their
drug detailers, but there is no law that prevents them from doing so
and no way to know or enforce compliance.

 PRIOR HISTORY :
New bill.

 FISCAL IMPLICATIONS :
Not applicable.

 EFFECTIVE DATE :
Immediately.

2009-S4111 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4111

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 13, 2009
                               ___________

Introduced  by  Sen.  KLEIN  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Consumer Protection

AN ACT to amend the general business law, in  relation  to  the  use  of
  prescription information containing prescriber-identifiable data

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The general business law is amended by adding a new article
9-D to read as follows:
                                ARTICLE 9-D
                     USE OF PRESCRIPTION INFORMATION
                 CONTAINING PRESCRIBER-IDENTIFIABLE DATA
SECTION 149-A. PRESCRIPTION INFORMATION TO BE KEPT CONFIDENTIAL.
  S 149-A.  PRESCRIPTION INFORMATION TO BE KEPT CONFIDENTIAL. 1. RECORDS
RELATIVE TO PRESCRIPTION INFORMATION, INCLUDING BUT NOT LIMITED TO PHAR-
MACEUTICAL  DRUGS,  CONTAINING  PHYSICIAN  PRESCRIBER-IDENTIFIABLE  DATA
SHALL NOT BE LICENSED, TRANSFERRED, USED, OR SOLD BY ANY PHARMACY, BENE-
FITS  MANAGER,  INSURANCE COMPANY, ELECTRONIC TRANSMISSION INTERMEDIARY,
RETAIL, MAIL ORDER, OR INTERNET PHARMACY OR OTHER  SIMILAR  ENTITY,  FOR
ANY COMMERCIAL PURPOSE, EXCEPT WITH THE WRITTEN CONSENT OF THE PHYSICIAN
PRESCRIBER  THE  AUTHORIZATION FOR WHICH SHALL BE VALID FOR NO MORE THAN
ONE YEAR AND MUST BE RENEWED THEREAFTER  IN  WRITING  BY  THE  PHYSICIAN
PRESCRIBER FOR AN ADDITIONAL ONE YEAR PERIOD TO REMAIN IN EFFECT.
  2.  SUCH  WRITTEN  PHYSICIAN PRESCRIBER CONSENT, HOWEVER, SHALL NOT BE
REQUIRED FOR THE LIMITED PURPOSES OF PHARMACY  REIMBURSEMENT;  FORMULARY
COMPLIANCE; CARE MANAGEMENT; UTILIZATION REVIEW BY A HEALTH CARE PROVID-
ER, THE PATIENT'S INSURANCE PROVIDER OR THE AGENT OF EITHER; HEALTH CARE
RESEARCH;  OR AS OTHERWISE PROVIDED BY LAW. COMMERCIAL PURPOSE INCLUDES,
BUT IS NOT LIMITED TO, ADVERTISING, MARKETING, PROMOTION, OR ANY  ACTIV-
ITY  THAT  COULD BE USED TO INFLUENCE SALES OR MARKET SHARE OF A PHARMA-
CEUTICAL PRODUCT, INFLUENCE OR EVALUATE THE PRESCRIBING BEHAVIOR  OF  AN

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09843-01-9

S. 4111                             2

INDIVIDUAL  HEALTH CARE PROFESSIONAL, OR EVALUATE THE EFFECTIVENESS OF A
PROFESSIONAL PHARMACEUTICAL DETAILING SALES FORCE.
  3.   NOTHING   IN  THIS  SECTION  SHALL  PROHIBIT  THE  DISPENSING  OF
PRESCRIPTION MEDICATIONS TO A PATIENT OR  TO  THE  PATIENT'S  AUTHORIZED
REPRESENTATIVE;  THE TRANSMISSION OF PRESCRIPTION INFORMATION BETWEEN AN
AUTHORIZED PHYSICIAN PRESCRIBER AND A LICENSED PHARMACY; THE TRANSFER OF
PRESCRIPTION INFORMATION BETWEEN LICENSED PHARMACIES;  THE  TRANSFER  OF
PRESCRIPTION RECORDS THAT MAY OCCUR IN THE EVENT A PHARMACY OWNERSHIP IS
CHANGED  OR  TRANSFERRED;  CARE  MANAGEMENT  EDUCATIONAL  COMMUNICATIONS
PROVIDED TO A PATIENT ABOUT THE PATIENT'S HEALTH CONDITION, ADHERENCE TO
A PRESCRIBED COURSE OF THERAPY OR OTHER INFORMATION ABOUT THE DRUG BEING
DISPENSED, TREATMENT  OPTIONS,  OR  CLINICAL  TRIALS.  NOTHING  IN  THIS
SECTION SHALL PROHIBIT THE COLLECTION, USE, TRANSFER, OR SALE OF PATIENT
AND  PHYSICIAN  PRESCRIBER-IDENTIFIABLE  DATA  BY  ZIP  CODE, GEOGRAPHIC
REGION, OR MEDICAL SPECIALTY FOR COMMERCIAL PURPOSES.
  4. WHENEVER THERE SHALL BE A VIOLATION OF THIS SECTION, AN APPLICATION
MAY BE MADE BY THE PHYSICIAN PRESCRIBER ON HIS OR HER OWN BEHALF  OR  BY
THE ATTORNEY GENERAL IN THE NAME OF THE PEOPLE OF THE STATE OF NEW YORK,
AND  UPON NOTICE TO THE RESPONDENT OF NOT LESS THAN FIVE DAYS, TO ENJOIN
AND RESTRAIN THE CONTINUANCE OF SUCH VIOLATIONS; AND IF IT SHALL  APPEAR
TO  THE SATISFACTION OF THE COURT OR JUSTICE THAT THE RESPONDENT HAS, IN
FACT, VIOLATED THIS SECTION, AN INJUNCTION MAY BE ISSUED BY  SUCH  COURT
OR  JUSTICE,  ENJOINING  AND  RESTRAINING ANY FURTHER VIOLATION, WITHOUT
REQUIRING PROOF THAT ANY PERSON HAS, IN FACT, BEEN  INJURED  OR  DAMAGED
THEREBY.  WHENEVER  THE  COURT  SHALL DETERMINE THAT A VIOLATION OF THIS
SECTION HAS OCCURRED, THE COURT MAY IMPOSE A CIVIL PENALTY OF  NOT  LESS
THAN  FIVE  HUNDRED  DOLLARS  FOR EACH VIOLATION. IN CONNECTION WITH ANY
SUCH PROPOSED APPLICATION, THE PHYSICIAN PRESCRIBER AND/OR THE  ATTORNEY
GENERAL,  AS  THE  CASE  MAY  BE, IS AUTHORIZED TO TAKE PROOF AND MAKE A
DETERMINATION OF THE RELEVANT FACTS AND TO ISSUE SUBPOENAS IN ACCORDANCE
WITH THE CIVIL PRACTICE LAW AND RULES. THE  SALE  OF  EACH  UNAUTHORIZED
PRESCRIPTION  WITH  PHYSICIAN PRESCRIBER IDENTIFIABLE DATA SHALL CONSTI-
TUTE A SEPARATE AND DISTINCT VIOLATION.
  5. NOTHING IN THIS SECTION SHALL IN ANY WAY LIMIT THE RIGHTS OR  REME-
DIES WHICH ARE OTHERWISE AVAILABLE TO A PERSON UNDER ANY OTHER LAW.
  S 2. This act shall take effect immediately.

2009-S4111A (ACTIVE) - Details

See Assembly Version of this Bill:: A6929
Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Amd §270, add §276-c, Pub Health L; amd Part C §79, Chap 58 of 2005
Versions Introduced in Other Legislative Sessions:: 2011-2012: S2591
2013-2014: S2308

2009-S4111A (ACTIVE) - Summary

Requires prescription information to be kept confidential.

2009-S4111A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4111A

 TITLE OF BILL :
An act to amend the public health law and part C of chapter 58 of the
laws of 2005, amending the public health law and other laws relating
to implementing the state fiscal plan for the 2005-2006 fiscal year,
in relation to prescription privacy


 PURPOSE :
This bill prohibits the sale of physician identified prescription
records when such records will be used to market prescription drugs to
doctors and other medical personnel who write prescriptions.

 SUMMARY OF PROVISIONS :
Section 1: Establishes the legislative findings and intent

Section 2: Amends Section 270 of the public health law by adding two
new subdivisions defining the terms "individual identifying
information" and "marketing."

Section 3: Amends the public health law by adding a new section 276-b
prohibiting the sale of physician identified prescription records when
such records will be used to market prescription drugs to doctors and
other medical personnel who write prescriptions; provides exemptions.
This section also provides the Commissioner of Health and the Attorney

General with the authority to enforce compliance.

Section 4: Amends Subdivision 1 of section 79 of part C of chapter 58
of the laws of 2005, amending the public health law and other laws
relating to implementing the state fiscal plan for the 2005-2006
fiscal year to repeal the June 15, 2012 expiration of section 270 of
the public health law.

Section 5: Sets the effective date.

 JUSTIFICATION :
Spending on prescription drugs is one of the fastest growing
components of health care expenditures in the United States.  Although
there are many reasons, a Kaiser Family Foundation analysis credits
the increase to: the number of prescriptions, the change to newer and
higher priced drugs, price increases by manufacturers, and
direct-to-consumer advertising as main factors in the rising cost of
prescription drugs. In 2003, the average price of a retail
prescription in New York was $63.34, ten dollars more than the average
U.S. cost of a retail prescription. In addition, from June 2003 to
June 2004, prices for brand-name prescription drugs used most commonly
by older Americans rose 7.6 percent. This increase was 3.5 times the
rate of inflation. A review of corporate annual reports in 2003 found
that out of every $100 spent by pharmaceutical companies, $31 goes to
marketing, advertising, and administrative costs, while only $13 goes
to research and development. According to a Journal of the American
Medical Association article most of this marketing money, an estimated
$19.1 billion in 2001, is directed at physicians.  By presenting
physicians with their individual prescribing patterns, pharmaceutical
companies have the ability to place undue pressure on medical
professionals to alter their prescribing practices. This creates an
impression with the public that decisions are being made based on
something other than what is in the best interest of the patient,
eroding faith in the medical community and leading to patients,
appropriately or not, questioning the judgment of medical
professionals.  The proposed bill only restricts the sale of physician
identified prescription records when such records will be used to
market prescription drugs to doctors and other medical personnel who
write prescriptions. The bill protects and immunizes doctors from any
undue pressure created by the knowledge that pharmaceutical companies
and their representatives actively monitor the physicians'
prescription habits (for compliance with their suggestions). By
eliminating this pressure, the state seeks to reassure the public that
the patient's best interest remains the most prominent factor
considered by doctors when prescribing.  This bill recognizes the
importance of keeping open the channels of communication between
physicians and pharmaceutical company representatives and therefore
would not in anyway prevent the sales representatives from providing
information about products to physicians. For this reason the bill
does not restrict pharmaceutical companies' ability or freedom to meet
and inform doctors.  This bill aims to arrest the slow damage done by
prescriptions written for brand-name drugs when equally efficacious,
and much cheaper, generic drugs are available. Money spent on
health-care is sky-rocketing, and ample evidence exists that many
citizens are making very tough choices:  skipping meals so that they
buy their medicines, not taking their medicines because they cannot
afford a whole month's supply, skipping one of their medicines so that
they can take the others, etc. This law seeks to minimize, if not
eliminate, the possibility that patients' health will continue to be
affected by these less-than-optimum prescription habits that are
enabled and encouraged by drug companies who seek to promote the use
and prescription of their brand name drug.  In addition, the
legislation would not prohibit the use of any doctor identified
prescribing data for conducting clinical trials, or health research
regarding the effects of practitioner prescribing practices,
conducting drug safety evaluations, product recalls and specific risk
management plans, as identified or requested by the federal Food and
Drug Administration.  The legislation is being proposed to help retain
patient confidence in the medical profession and to control the cost
of health care, particularly the rising cost of prescription drugs by
recognizing that such prescribing practices increased spending for
publicly funded health insurance programs. High prices for
prescription drugs have serious, harmful consequences for millions of
New Yorkers. The effects on consumers of high prescription drug prices
are well understood they forego their medicines when costs become too
high.

 LEGISLATIVE HISTORY :
A.11158/S.7926 of 2006

 FISCAL IMPLICATIONS :
None.

 LOCAL FISCAL IMPLICATION :
None.

 EFFECTIVE DATE :
This act shall take effect on the one hundred eightieth day after it
shall have become a law; provided, however, that the amendments made
to article 2-A of the public health law made by sections one and two
of this act shall survive the repeal of such article as provided in
section 79 of part C of chapter 58 of the laws of 2005, as amended;
and provided further that section three of this act shall take effect
immediately.

2009-S4111A (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4111--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 13, 2009
                               ___________

Introduced  by  Sen.  KLEIN  -- read twice and ordered printed, and when
  printed to be committed to the Committee  on  Consumer  Protection  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee

AN ACT to amend the public health law and part C of chapter  58  of  the
  laws  of  2005, amending the public health law and other laws relating
  to implementing the state fiscal plan for the 2005-2006  fiscal  year,
  in relation to prescription privacy

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Legislative findings and intent.  Prescribing  health  care
professionals  should  have  a  reasonable  expectation  that  when they
prescribe a medication for a patient, that decision  will  not  be  made
available  to  an outside third party. However, disclosure of individual
identifying information about patients and prescribers  enables  pharma-
ceutical  companies  to track the prescribing practices of physicians to
target them for marketing, including gifts and payments.  This marketing
can distort prescribing practices to  increase  health  care  costs  and
undermine  patient  safety.  The National Institutes of Health has found
that nearly one-third of the increase in prescription drug  prices  over
the   last  decade  was  attributable  to  marketing-induced  shifts  in
prescribing practices. Published evidence  shows  that  prescribers  are
often  encouraged by sales representatives to prescribe medications in a
manner that has not been approved by the Federal Food and Drug  Adminis-
tration.
  Neither  the  state  nor  any other entity has the resources to effec-
tively counter targeted marketing  campaigns  that  exceed  hundreds  of
millions of dollars.
  The  legislature  finds  that this legislation is necessary to protect
health care professionals and their patients from the abuses of targeted

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09843-02-9

S. 4111--A                          2

marketing that are made possible by the disclosure of individual identi-
fying information.
  S 2. Section 270 of the public health law is amended by adding two new
subdivisions 15 and 16 to read as follows:
  15. "INDIVIDUAL IDENTIFYING INFORMATION" MEANS INFORMATION IDENTIFYING
OR TENDING TO IDENTIFY A PRESCRIBER OR PATIENT, WHERE THE INFORMATION IS
DERIVED FROM OR RELATES TO A PRESCRIPTION FOR ANY DRUG OR DEVICE.
  16.  "MARKETING" MEANS, BUT IS NOT LIMITED TO, ADVERTISING, DETAILING,
MARKETING, PROMOTION, OR ANY ACTIVITY THAT COULD BE  USED  TO  INFLUENCE
SALES  OR  MARKET  SHARE  OF A DRUG OR DEVICE, INFLUENCE OR EVALUATE THE
PRESCRIBING PRACTICES OF A PRESCRIBER, OR EVALUATE THE EFFECTIVENESS  OF
MARKETING PRACTICES OR PERSONNEL.
  S 3. The public health law is amended by adding a new section 276-c to
read as follows:
  S 276-C. PRESCRIPTION PRIVACY. 1. NO PRESCRIBER, PHARMACIST, PHARMACY,
PHARMACY BENEFITS MANAGER, HEALTH PLAN, INSURER, THIRD PARTY PAYER, DATA
TRANSFER  INTERMEDIARY,  DRUG MANUFACTURER OR WHOLESALER OR THEIR AGENTS
SHALL DISCLOSE, SELL, TRANSFER, EXCHANGE OR USE ANY INDIVIDUAL IDENTIFY-
ING INFORMATION TO ANY PERSON OR ENTITY FOR THE PURPOSE OF MARKETING ANY
DRUG OR DEVICE.
  2. NOTWITHSTANDING SUBDIVISION ONE OF THIS SECTION, INDIVIDUAL IDENTI-
FYING INFORMATION, SUBJECT TO APPLICABLE LAW  MAY  BE  DISCLOSED,  SOLD,
TRANSFERRED  OR  EXCHANGED  TO:  (A)  THE  PATIENT  TO WHOM THE ORIGINAL
PRESCRIPTION WAS ISSUED OR A PERSON  TO  WHOM  THE  PRESCRIBED  DRUG  OR
DEVICE MAY BE DELIVERED;
  (B)  A  PERSON  LEGALLY AUTHORIZED TO ISSUE OR FILL A PRESCRIPTION FOR
THE PATIENT, A PERSON WHO TREATS THE PATIENT, OR A PERSON  WHO  PROVIDES
DISEASE MANAGEMENT OR CASE MANAGEMENT TO THE PATIENT;
  (C)  AN  OFFICER,  INSPECTOR  OR INVESTIGATOR FOR A GOVERNMENT HEALTH,
LICENSING OR LAW  ENFORCEMENT  AGENCY  ACTING  UNDER  APPROPRIATE  LEGAL
AUTHORITY, WHERE THE REQUEST IS MADE IN WRITING.
  (D) A PERSON AUTHORIZED BY A COURT ORDER TO RECEIVE SUCH INFORMATION;
  (E)  A HEALTH RESEARCHER WHO IS OTHERWISE AUTHORIZED TO HAVE ACCESS TO
HEALTH RECORDS OF THE PATIENT THAT INCLUDE  THE  INDIVIDUAL  IDENTIFYING
INFORMATION, FOR REASONS INCLUDING, BUT NOT LIMITED TO, CONDUCTING CLIN-
ICAL TRIALS OR RESEARCH REGARDING THE EFFECTS OF HEALTH CARE PRACTITION-
ER PRESCRIBING PRACTICES;
  (F) CONDUCT DRUG SAFETY EVALUATIONS, PRODUCT RECALLS AND SPECIFIC RISK
MANAGEMENT  PLANS,  AS  IDENTIFIED  OR REQUESTED BY THE FEDERAL FOOD AND
DRUG ADMINISTRATION, OR ITS SUCCESSOR AGENCY;
  (G) ALLOW FOR THE APPROPRIATE TRANSFER OF RECORDS THAT MAY TAKE  PLACE
WHEN OWNERSHIP OF A PHARMACY IS CHANGED OR TRANSFERRED;
  (H)  THE  PATIENT'S  HEALTH PLAN, INSURER, OR THIRD PARTY PAYER, OR AN
AGENT, FOR THE PURPOSE OF  PAYMENT  OR  REIMBURSEMENT  FOR  HEALTH  CARE
SERVICES, INCLUDING DETERMINING COMPLIANCE WITH THE TERMS OF COVERAGE OR
MEDICAL NECESSITY, OR UTILIZATION REVIEW;
  (I)  A  PERSON OR ENTITY TO WHOM, AND FOR A PURPOSE FOR WHICH, DISCLO-
SURE OR TRANSFER IS OTHERWISE EXPLICITLY AUTHORIZED OR REQUIRED BY  LAW;
OR
  (J)  A  PERSON OR ENTITY ACTING AS AN EMPLOYEE OR AGENT OF A PERSON OR
ENTITY UNDER ANY  PRECEDING  PARAGRAPH  OF  THIS  SUBDIVISION,  FOR  THE
PURPOSE OF AND CONSISTENT WITH THAT PARAGRAPH.
  3.  NOTHING IN THIS SECTION SHALL PROHIBIT THE COLLECTION, USE, TRANS-
FER, OR SALE OF PATIENT AND PRESCRIBER  DATA  BY  ZIP  CODE,  GEOGRAPHIC
REGION,  OR  MEDICAL SPECIALTY FOR MARKETING PURPOSES, PROVIDING IT DOES
NOT CONTAIN INDIVIDUAL IDENTIFYING INFORMATION.

S. 4111--A                          3

  4. THIS SECTION SHALL NOT PREVENT ANY PERSON FROM DISCLOSING, SELLING,
TRANSFERRING, OR EXCHANGING FOR VALUE INDIVIDUAL IDENTIFYING INFORMATION
PERTAINING TO THAT PERSON, FOR ANY PURPOSE; PROVIDED THAT  THE  INFORMA-
TION  DOES  NOT INCLUDE INDIVIDUAL IDENTIFYING INFORMATION PERTAINING TO
ANY OTHER PERSON.
  5.  NOTHING  IN  THIS  SECTION  SHALL  PROHIBIT  A PHARMACY FROM USING
PATIENT INFORMATION TO  PROVIDE  CARE  MANAGEMENT  EDUCATIONAL  COMMUNI-
CATIONS  TO A PATIENT ABOUT THE PATIENT'S HEALTH CONDITION, ADHERENCE TO
A PRESCRIBED COURSE OF THERAPY OR OTHER INFORMATION ABOUT THE DRUG BEING
DISPENSED, TREATMENT OPTIONS, OR CLINICAL TRIALS.
  6. NO PERSON OR ENTITY TO WHOM OR WHICH INDIVIDUAL IDENTIFYING  INFOR-
MATION  IS  DISCLOSED,  SOLD,  TRANSFERRED  OR EXCHANGED SHALL DISCLOSE,
SELL, TRANSFER OR EXCHANGE IT TO ANY PERSON OR ENTITY OTHER THAN FOR THE
LAWFUL  PURPOSE  FOR  WHICH  IT  WAS  DISCLOSED,  SOLD,  TRANSFERRED  OR
EXCHANGED  TO  THE  PERSON OR ENTITY, AND WITHOUT SATISFACTORY ASSURANCE
THAT THE RECIPIENT WILL SAFEGUARD THE RECORDS FROM  BEING  DISCLOSED  OR
USED IN THE STATE FOR MARKETING PURPOSES.
  7.  THIS  SECTION  SHALL NOT BE CONSTRUED TO AUTHORIZE ANY DISCLOSURE,
SALE, TRANSFER, OR EXCHANGE OF INDIVIDUAL IDENTIFYING  INFORMATION  THAT
IS NOT OTHERWISE AUTHORIZED OR REQUIRED BY LAW.
  8. IN ADDITION TO THE COMMISSIONER'S AUTHORITY TO ENFORCE THIS SECTION
UNDER  SECTION  TWELVE  OF THIS CHAPTER, THE ATTORNEY GENERAL SHALL HAVE
THE AUTHORITY TO BRING AN ACTION TO ENFORCE COMPLIANCE WITH THIS SECTION
WITHOUT REFERRAL BY THE COMMISSIONER.
  S 4. Subdivision 1 of section 79 of part C of chapter 58 of  the  laws
of  2005,  amending  the  public  health  law and other laws relating to
implementing the state fiscal plan for the  2005-2006  fiscal  year,  is
amended to read as follows:
  1. sections ten through fifteen of this act shall expire and be deemed
repealed on and after June 15, 2012; PROVIDED, HOWEVER, THAT SECTION 270
OF THE PUBLIC HEALTH LAW, AS ADDED BY SECTION TEN OF THIS ACT, SHALL NOT
EXPIRE OR BE DEEMED REPEALED;
  S 5. This act shall take effect on the one hundred eightieth day after
it  shall  have  become a law; provided, however, that the amendments to
article 2-A of the public health law made by section three of  this  act
shall  survive  the  repeal of such article as provided in section 79 of
part C of chapter 58 of the laws  of  2005,  as  amended;  and  provided
further that section four of this act shall take effect immediately.

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Senate Bill S4111

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Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

Bill Amendments

2009-S4111 - Details

2009-S4111 - Summary

2009-S4111 - Sponsor Memo

2009-S4111 - Bill Text download pdf

2009-S4111A (ACTIVE) - Details

2009-S4111A (ACTIVE) - Summary

2009-S4111A (ACTIVE) - Sponsor Memo

2009-S4111A (ACTIVE) - Bill Text download pdf

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Senate Bill S4111

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Sponsored By

Jeffrey D. Klein

Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

Bill Amendments

2009-S4111 - Details

2009-S4111 - Summary

2009-S4111 - Sponsor Memo

2009-S4111 - Bill Text download pdf

2009-S4111A (ACTIVE) - Details

2009-S4111A (ACTIVE) - Summary

2009-S4111A (ACTIVE) - Sponsor Memo

2009-S4111A (ACTIVE) - Bill Text download pdf

Comments