Assembly Bill A8884A

2023-2024 Legislative Session

Requires all health information systems or electronic health record systems to segregate certain patient information from the rest of such patient's medical record

download bill text pdf

Sponsored By

Current Bill Status - In Assembly 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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Bill Amendments

co-Sponsors

2023-A8884 - Details

See Senate Version of this Bill:
S7879
Current Committee:
Assembly Health
Law Section:
Public Health Law
Laws Affected:
Amd §206, Pub Health L

2023-A8884 - Summary

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.

2023-A8884 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8884
 
                           I N  A S S E M B L Y
 
                             January 26, 2024
                                ___________
 
 Introduced by M. of A. LUNSFORD -- read once and referred to the Commit-
   tee on Health
 
 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:
 
   Section 1. Subdivision 18-a of section 206 of the public health law is
 amended by adding a new paragraph (e) to read as follows:
   (E)  WITHIN  ONE  HUNDRED  EIGHTY DAYS FROM THE EFFECTIVE DATE OF THIS
 PARAGRAPH,  THE  COMMISSIONER  SHALL  ESTABLISH  RULES  AND  REGULATIONS
 REQUIRING  ANY  HEALTH  INFORMATION  SYSTEM  OR ELECTRONIC HEALTH RECORD
 SYSTEM OPERATING IN THE STATE OF NEW YORK THAT ELECTRONICALLY STORES  OR
 MAINTAINS  MEDICAL  INFORMATION,  ELECTRONIC  HEALTH  RECORDS,  PERSONAL
 HEALTH RECORDS, HEALTH CARE CLAIMS,  PAYMENT  AND  OTHER  ADMINISTRATIVE
 DATA  ON  BEHALF OF A PROVIDER OF HEALTH CARE, HEALTH CARE SERVICE PLAN,
 PHARMACEUTICAL COMPANY, CONTRACTOR, OR EMPLOYER TO DEVELOP CAPABILITIES,
 POLICIES, AND PROCEDURES TO:
   (I)  SEGREGATE  HEALTH  INFORMATION  RELATED  TO  REPRODUCTIVE  HEALTH
 SERVICES  AS  DEFINED  IN  PARAGRAPH  (A)  OF SUBDIVISION ONE OF SECTION
 SIXTY-FIVE HUNDRED THIRTY-ONE-B OF THE EDUCATION  LAW,  GENDER-AFFIRMING
 CARE  AS  DEFINED  IN PARAGRAPH (C) OF SUBDIVISION ONE OF SECTION SIXTY-
 FIVE HUNDRED THIRTY-ONE-B OF THE EDUCATION LAW, CARE PROTECTED UNDER  42
 CFR PART 2, DIAGNOSIS AND TREATMENT FOR A SEXUALLY TRANSMITTED INFECTION
 OR  HIV, MENTAL HEALTH SERVICES, ALCOHOL OR SUBSTANCE USE TREATMENT, AND
 ANY OTHER HEALTH CARE SERVICES DETERMINED BY  THE  COMMISSIONER  THROUGH
 REGULATIONS,  IN  CONSULTATION  WITH MEDICAL PROVIDERS AND PATIENT ADVO-
 CATES, FROM THE REST OF THE PATIENT'S RECORD;
   (II) LIMIT USER ACCESS PRIVILEGES  TO  HEALTH  INFORMATION  SEGREGATED
 PURSUANT  TO  SUBPARAGRAPH  (I)  OF THIS PARAGRAPH TO ONLY THOSE PERSONS
 WHOM THE PATIENT HAS SPECIFICALLY AUTHORIZED TO ACCESS THE HEALTH INFOR-
 MATION;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13926-01-3
              

co-Sponsors

2023-A8884A (ACTIVE) - Details

See Senate Version of this Bill:
S7879
Current Committee:
Assembly Health
Law Section:
Public Health Law
Laws Affected:
Amd §206, Pub Health L

2023-A8884A (ACTIVE) - Summary

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.

2023-A8884A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8884--A
 
                           I N  A S S E M B L Y
 
                             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:
 
   Section 1. Subdivision 18-a of section 206 of the public health law is
 amended by adding a new paragraph (e) to read as follows:
   (E)  WITHIN  ONE  HUNDRED  EIGHTY DAYS FROM THE EFFECTIVE DATE OF THIS
 PARAGRAPH,  THE  COMMISSIONER  SHALL  ESTABLISH  RULES  AND  REGULATIONS
 CONSISTENT WITH STATE AND FEDERAL LAW AND REGULATIONS, INCLUDING BUT NOT
 LIMITED  TO  ARTICLE  THIRTY-THREE OF THE MENTAL HYGIENE LAW AND SECTION
 TWENTY-SEVEN HUNDRED EIGHTY-TWO OF THIS CHAPTER,  REQUIRING  ANY  HEALTH
 INFORMATION  SYSTEM  OR ELECTRONIC HEALTH RECORD SYSTEM OPERATING IN THE
 STATE OF NEW YORK THAT ELECTRONICALLY STORES OR MAINTAINS MEDICAL INFOR-
 MATION, ELECTRONIC HEALTH RECORDS, PERSONAL HEALTH RECORDS, HEALTH  CARE
 CLAIMS, PAYMENT AND OTHER ADMINISTRATIVE DATA ON BEHALF OF A PROVIDER OF
 HEALTH  CARE, HEALTH CARE SERVICE PLAN, PHARMACEUTICAL COMPANY, CONTRAC-
 TOR, OR EMPLOYER TO DEVELOP CAPABILITIES, POLICIES, AND PROCEDURES TO:
   (I)  SEGREGATE  HEALTH  INFORMATION  RELATED  TO  REPRODUCTIVE  HEALTH
 SERVICES  AS  DEFINED  IN  PARAGRAPH  (A)  OF SUBDIVISION ONE OF SECTION
 SIXTY-FIVE HUNDRED THIRTY-ONE-B OF THE EDUCATION  LAW,  GENDER-AFFIRMING
 CARE  AS  DEFINED  IN PARAGRAPH (C) OF SUBDIVISION ONE OF SECTION SIXTY-
 FIVE HUNDRED THIRTY-ONE-B OF THE EDUCATION LAW, CARE PROTECTED UNDER  42
 CFR PART 2, DIAGNOSIS AND TREATMENT FOR A SEXUALLY TRANSMITTED INFECTION
 OR  HIV, MENTAL HEALTH SERVICES, ALCOHOL OR SUBSTANCE USE TREATMENT, AND
 ANY OTHER HEALTH CARE SERVICES DETERMINED BY  THE  COMMISSIONER  THROUGH
 REGULATIONS,  IN  CONSULTATION  WITH MEDICAL PROVIDERS AND PATIENT ADVO-
 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.
              

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