S T A T E   O F   N E W   Y O R K
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                                  5379

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 17, 2011
                               ___________

Introduced by M. of A. ROBINSON -- read once and referred to the Commit-
  tee on Aging

AN  ACT  to  amend  the elder law, in relation to the privacy of contact
  information of senior center members

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

  Section  1.  The  elder  law is amended by adding a new section 224 to
read as follows:
  S 224. PRIVACY OF SENIOR CENTER VISITOR RECORDS. 1. DEFINITIONS.    AS
USED IN THIS SECTION:
  (A)  "SENIOR  CENTER" SHALL MEAN FACILITIES OPERATED BY AN AREA OFFICE
OF THE AGING OR OPERATED BY AN  ENTITY  THAT  HAS  CONTRACTED  WITH  THE
OFFICE OR MUNICIPALITY TO PROVIDE SERVICES TO SENIOR CITIZENS ON A REGU-
LAR  BASIS  INCLUDING,  BUT  NOT  LIMITED TO MEALS, RECREATION AND COUN-
SELING.
  (B) "CONTACT INFORMATION" SHALL MEAN NAME, ADDRESS AND PHONE NUMBER OF
SENIOR CITIZENS.
  2. CONFIDENTIALITY OF RECORDS. NOTWITHSTANDING THE PROVISIONS  OF  ANY
OTHER  LAW,  CONTACT  INFORMATION  OF  SENIORS WHO VISIT A SENIOR CENTER
SHALL NOT BE OPEN TO THE PUBLIC, NOR SUBJECT  TO  DISCLOSURE  UNDER  THE
FREEDOM  OF  INFORMATION LAW PURSUANT TO ARTICLE SIX OF THE PUBLIC OFFI-
CERS LAW, AND NO PUBLIC ENTITY OR EMPLOYEE,  OFFICER  OR  AGENT  THEREOF
SHALL DISCLOSE SUCH INFORMATION.
  3. EXCEPTION. NOTHING IN THIS SECTION SHALL PRECLUDE THE DISCLOSURE OF
CONTACT  INFORMATION  THAT MAY BE OBTAINED AND, IF OTHERWISE ADMISSIBLE,
BE USED IN A CIVIL COURT OR OTHER CIVIL ADMINISTRATIVE  OR  ADJUDICATORY
BODY  IN  ANY  ACTION  OR PROCEEDING PENDING THEREIN WHEN SUCH ACTION OR
PROCEEDING RELATES DIRECTLY TO THE ATTENDANCE OF A SENIOR CENTER.
  4. VIOLATIONS. ANY  PERSON  WHO  KNOWINGLY  RELEASES  OR  PERMITS  THE
DISCLOSURE  OF  THE  CONTACT INFORMATION THAT IS CONFIDENTIAL UNDER THIS
SECTION TO A PERSON OR ENTITY NOT ENTITLED TO RECEIVE  SUCH  INFORMATION
SHALL BE SUBJECT TO A CIVIL PENALTY OF UP TO FIVE THOUSAND DOLLARS.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                      [ ] is old law to be omitted.
                                                           LBD00279-01-1