Senate Bill S158D

2023-2024 Legislative Session

Provides for the protection of health information

download bill text pdf

Sponsored By

Current Bill Status - On Floor Calendar


  • 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-S158 - Details

Law Section:
General Business Law
Laws Affected:
Add Art 42 §§1100 - 1107, Gen Bus L

2023-S158 - Summary

Provides for the protection of health information; establishes requirements for communications to individuals about their health information; requires either written consent or a designated necessary purpose for the processing of an individual's health information.

2023-S158 - Sponsor Memo

2023-S158 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    158
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced  by  Sen. KRUEGER -- read twice and ordered printed, and when
   printed to be committed to the Committee on Internet and Technology
 
 AN ACT to amend the general business law, in relation to privacy  stand-
   ards  for electronic health products and services and permissible data
   brokering

   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
 42 to read as follows:
                                ARTICLE 42
                  ELECTRONIC HEALTH PRODUCTS AND SERVICES
 
 SECTION 1100. DEFINITIONS.
         1101. ELECTRONIC HEALTH PRODUCTS AND SERVICES; PRIVACY.
         1102. PRIVATE RIGHT OF ACTION.
         1103. ACTIONS THAT ARE HIPAA COMPLIANT.
   §  1100.  DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE, THE FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   1. "CONSENT" MEANS AN  ACTION  WHICH  (A)  CLEARLY  AND  CONSPICUOUSLY
 COMMUNICATES THE INDIVIDUAL'S VOLUNTARY AUTHORIZATION OF AN ACT OR PRAC-
 TICE;  (B) IS MADE IN THE ABSENCE OF ANY MECHANISM IN THE USER INTERFACE
 THAT HAS THE PURPOSE OR SUBSTANTIAL EFFECT OF OBSCURING, SUBVERTING,  OR
 IMPAIRING DECISION MAKING OR CHOICE TO OBTAIN CONSENT; AND (C) CANNOT BE
 INFERRED  FROM  INACTION. A REQUEST FOR CONSENT SHALL BE PROVIDED TO THE
 INDIVIDUAL IN A CLEAR AND CONSPICUOUS DISCLOSURE, APART FROM ANY PRIVACY
 POLICY, TERMS OF SERVICE, TERMS OF USE, GENERAL RELEASE, USER AGREEMENT,
 OR OTHER SIMILAR DOCUMENT, OF ALL INFORMATION MATERIAL TO THE  PROVISION
 OF CONSENT.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01105-01-3
 S. 158                              2
              

co-Sponsors

2023-S158A - Details

Law Section:
General Business Law
Laws Affected:
Add Art 42 §§1100 - 1107, Gen Bus L

2023-S158A - Summary

Provides for the protection of health information; establishes requirements for communications to individuals about their health information; requires either written consent or a designated necessary purpose for the processing of an individual's health information.

2023-S158A - Sponsor Memo

2023-S158A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  158--A
     Cal. No. 429
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced  by  Sens.  KRUEGER,  COMRIE,  HINCHEY, HOYLMAN-SIGAL -- read
   twice and ordered printed, and when printed to  be  committed  to  the
   Committee  on  Internet and Technology -- reported favorably from said
   committee, ordered to first and second  report,  ordered  to  a  third
   reading,  amended  and  ordered  reprinted, retaining its place in the
   order of third reading
 
 AN ACT to amend the general business law, in relation to  providing  for
   the protection of health information
 
   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
 42 to read as follows:
                                ARTICLE 42
                  NEW YORK HEALTH INFORMATION PRIVACY ACT
 SECTION 1100. DEFINITIONS.
         1101. REQUIREMENTS FOR COMMUNICATIONS TO INDIVIDUALS.
         1102. LAWFULNESS OF PROCESSING REGULATED HEALTH INFORMATION.
         1103. INDIVIDUAL RIGHTS.
         1104. SECURITY.
         1105. SERVICE PROVIDERS.
         1106. EXEMPTIONS.
         1107. ENFORCEMENT.
   § 1100. DEFINITIONS. AS USED IN  THIS  ARTICLE,  THE  FOLLOWING  TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   1. "DEIDENTIFIED INFORMATION" MEANS INFORMATION THAT CANNOT REASONABLY
 BE  USED TO INFER INFORMATION ABOUT, OR OTHERWISE BE LINKED TO A PARTIC-
 ULAR INDIVIDUAL, HOUSEHOLD, OR DEVICE, PROVIDED THAT THE REGULATED ENTI-
 TY OR SERVICE PROVIDER THAT PROCESSES THE INFORMATION:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01105-04-3
              

co-Sponsors

2023-S158B - Details

Law Section:
General Business Law
Laws Affected:
Add Art 42 §§1100 - 1107, Gen Bus L

2023-S158B - Summary

Provides for the protection of health information; establishes requirements for communications to individuals about their health information; requires either written consent or a designated necessary purpose for the processing of an individual's health information.

2023-S158B - Sponsor Memo

2023-S158B - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  158--B
     Cal. No. 429
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced  by  Sens.  KRUEGER,  COMRIE,  HINCHEY, HOYLMAN-SIGAL -- read
   twice and ordered printed, and when printed to  be  committed  to  the
   Committee  on  Internet and Technology -- reported favorably from said
   committee, ordered to first and second  report,  ordered  to  a  third
   reading,  amended  and  ordered  reprinted, retaining its place in the
   order of third reading -- again amended and ordered reprinted, retain-
   ing its place in the order of third reading
 
 AN ACT to amend the general business law, in relation to  providing  for
   the protection of health information
 
   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
 42 to read as follows:
                                ARTICLE 42
                  NEW YORK HEALTH INFORMATION PRIVACY ACT
 SECTION 1100. DEFINITIONS.
         1101. REQUIREMENTS FOR COMMUNICATIONS TO INDIVIDUALS.
         1102. LAWFULNESS OF PROCESSING REGULATED HEALTH INFORMATION.
         1103. INDIVIDUAL RIGHTS.
         1104. SECURITY.
         1105. SERVICE PROVIDERS.
         1106. EXEMPTIONS.
         1107. ENFORCEMENT.
   § 1100. DEFINITIONS. AS USED IN  THIS  ARTICLE,  THE  FOLLOWING  TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   1. "DEIDENTIFIED INFORMATION" MEANS INFORMATION THAT CANNOT REASONABLY
 BE  USED TO INFER INFORMATION ABOUT, OR OTHERWISE BE LINKED TO A PARTIC-
 ULAR INDIVIDUAL, HOUSEHOLD, OR DEVICE, PROVIDED THAT THE REGULATED ENTI-
 TY OR SERVICE PROVIDER THAT PROCESSES THE INFORMATION:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

co-Sponsors

2023-S158C - Details

Law Section:
General Business Law
Laws Affected:
Add Art 42 §§1100 - 1107, Gen Bus L

2023-S158C - Summary

Provides for the protection of health information; establishes requirements for communications to individuals about their health information; requires either written consent or a designated necessary purpose for the processing of an individual's health information.

2023-S158C - Sponsor Memo

2023-S158C - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  158--C
     Cal. No. 76
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced by Sens. KRUEGER, COMRIE, HINCHEY, HOYLMAN-SIGAL, MAY -- read
   twice  and  ordered  printed,  and when printed to be committed to the
   Committee on Internet and Technology -- reported favorably  from  said
   committee,  ordered  to  first  and  second report, ordered to a third
   reading, amended and ordered reprinted, retaining  its  place  in  the
   order of third reading -- again amended and ordered reprinted, retain-
   ing  its  place  in  the  order of third reading -- recommitted to the
   Committee on Health in accordance  with  Senate  Rule  6,  sec.  8  --
   reported  favorably  from  said committee, ordered to first and second
   report, amended on second report, ordered to a third reading,  and  to
   be  reprinted  as  amended,  retaining its place in the order of third
   reading
 
 AN ACT to amend the general business law, in relation to  providing  for
   the protection of health information
 
   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
 42 to read as follows:
                                ARTICLE 42
                  NEW YORK HEALTH INFORMATION PRIVACY ACT
 SECTION 1100. DEFINITIONS.
         1101. REQUIREMENTS FOR COMMUNICATIONS TO INDIVIDUALS.
         1102. LAWFULNESS OF PROCESSING REGULATED HEALTH INFORMATION.
         1103. INDIVIDUAL RIGHTS.
         1104. SECURITY.
         1105. SERVICE PROVIDERS.
         1106. EXEMPTIONS.
         1107. ENFORCEMENT.
   § 1100. DEFINITIONS. AS USED IN  THIS  ARTICLE,  THE  FOLLOWING  TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

co-Sponsors

2023-S158D - Details

Law Section:
General Business Law
Laws Affected:
Add Art 42 §§1100 - 1107, Gen Bus L

2023-S158D - Summary

Provides for the protection of health information; establishes requirements for communications to individuals about their health information; requires either written consent or a designated necessary purpose for the processing of an individual's health information.

2023-S158D - Sponsor Memo

2023-S158D - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  158--D
     Cal. No. 76
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced  by  Sens.  KRUEGER, COMRIE, HINCHEY, HOYLMAN-SIGAL, JACKSON,
   MAY -- read twice and ordered printed, and when printed to be  commit-
   ted  to the Committee on Internet and Technology -- reported favorably
   from said committee, ordered to first and second report, ordered to  a
   third  reading,  amended and ordered reprinted, retaining its place in
   the order of third reading -- again  amended  and  ordered  reprinted,
   retaining  its  place  in the order of third reading -- recommitted to
   the Committee on Health in accordance with Senate Rule 6,  sec.  8  --
   reported  favorably  from  said committee, ordered to first and second
   report, amended on second report, ordered to a third reading,  and  to
   be  reprinted  as  amended,  retaining its place in the order of third
   reading -- reported favorably from said committee  to  third  reading,
   amended  and  ordered  reprinted,  retaining its place in the order of
   third reading
 
 AN ACT to amend the general business law, in relation to  providing  for
   the protection of health information

   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
 42 to read as follows:
                                ARTICLE 42
                  NEW YORK HEALTH INFORMATION PRIVACY ACT
 SECTION 1100. DEFINITIONS.
         1101. REQUIREMENTS FOR COMMUNICATIONS TO INDIVIDUALS.
         1102. LAWFULNESS OF PROCESSING REGULATED HEALTH INFORMATION.
         1103. INDIVIDUAL RIGHTS.
         1104. SECURITY.
         1105. SERVICE PROVIDERS.
         1106. EXEMPTIONS.
         1107. ENFORCEMENT.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

co-Sponsors

2023-S158E (ACTIVE) - Details

Law Section:
General Business Law
Laws Affected:
Add Art 42 §§1100 - 1107, Gen Bus L

2023-S158E (ACTIVE) - Summary

Provides for the protection of health information; establishes requirements for communications to individuals about their health information; requires either written consent or a designated necessary purpose for the processing of an individual's health information.

2023-S158E (ACTIVE) - Sponsor Memo

2023-S158E (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  158--E
     Cal. No. 76
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced  by  Sens.  KRUEGER, BROUK, COMRIE, FERNANDEZ, HINCHEY, HOYL-
   MAN-SIGAL, JACKSON, LIU, MAY, WEBB -- read twice and ordered  printed,
   and  when  printed  to  be  committed to the Committee on Internet and
   Technology -- reported favorably from said committee, ordered to first
   and second report, ordered to a third  reading,  amended  and  ordered
   reprinted,  retaining its place in the order of third reading -- again
   amended and ordered reprinted, retaining its place  in  the  order  of
   third  reading -- recommitted to the Committee on Health in accordance
   with Senate Rule 6, sec. 8 -- reported favorably from said  committee,
   ordered  to first and second report, amended on second report, ordered
   to a third reading, and to be  reprinted  as  amended,  retaining  its
   place  in  the  order of third reading -- reported favorably from said
   committee to third reading, amended and ordered  reprinted,  retaining
   its place in the order of third reading -- passed by Senate and deliv-
   ered  to  the Assembly, recalled, vote reconsidered, restored to third
   reading, amended and ordered reprinted, retaining  its  place  in  the
   order of third reading
 
 AN  ACT  to amend the general business law, in relation to providing for
   the protection of health information
 
   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
 42 to read as follows:
                                ARTICLE 42
                  NEW YORK HEALTH INFORMATION PRIVACY ACT
 SECTION 1100. DEFINITIONS.
         1101. REQUIREMENTS FOR COMMUNICATIONS TO INDIVIDUALS.
         1102. LAWFULNESS OF PROCESSING REGULATED HEALTH INFORMATION.
         1103. INDIVIDUAL RIGHTS.
         1104. SECURITY.
         1105. SERVICE PROVIDERS.
         1106. EXEMPTIONS.
              

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