§ 2180. Definitions. As used in this title the following terms shall
have the following meanings:

1. "Contact tracing" means COVID-19 case investigation and
identification of case individuals and contact individuals.

2. (a) "Contact tracer" and "contact tracing entity" means an
individual or entity employed by or under contract with the state, a
local government, a state or local governmental entity, or an agent
thereof, to conduct contact tracing, engage in contact tracing, or
receive contact tracing information.

(b) A contact tracer or contact tracing entity shall not include a
service provider that is a non-governmental entity that is employed by
or under contract with a contact tracing entity or an agent thereof,
that receives, transmits, maintains, stores, or hosts contact tracing
information at the direction of a contact tracer or contact tracing
entity so long as such service provider's access to the information is
exclusively limited to the maintenance of the information and the
contact tracer or contact tracing entity has the ability to delete and
manage contact tracing information as provided by this chapter, law,
rules or regulations. A service provider under this paragraph shall be
referred to in this title as a "designated non-governmental entity." A
service provider that does not meet the requirements of this paragraph
and would otherwise be subject to paragraph (a) of this subdivision
shall be a contact tracing entity.

3. "Contact tracing information" means any information that includes
or can reveal the identity of any case individual or contact individual,
and any COVID-19-related information or test results, received or
collected for the purpose or in the course of contact tracing.

4. "Contact individual" means an individual who has or may have come
in contact with a case individual or who has or may have been exposed to
and possibly infected with COVID-19.

5. " Case individual" means an individual with a confirmed or probable
diagnosis of COVID-19.

6. "COVID-19" means infection with or the disease caused by the severe
acute respiratory syndrome coronavirus 2 (SARS-CoV-2).

7. "Immigration authority" means any entity, officer, employee, or
government employee or agent thereof charged with or engaged in
enforcement of the federal Immigration and Nationality Act, including
the United States Immigration and Customs Enforcement, United States
Department of Homeland Security, or United States Customs and Border
Protection, or agent, contractor or employee thereof, or any successor
legislation or entity.

8. "De-identified" means, in relation to contact tracing information,
that the information cannot identify or be made to identify or be
associated with a particular individual, directly or indirectly and is
subject to technical safeguards and policies and procedures that prevent
re-identification, whether intentionally or unintentionally, of any
individual.

9. "Law enforcement agent or entity" means any governmental entity or
public servant, or agent, contractor or employee thereof, authorized to
investigate, prosecute, or make an arrest for a criminal or civil
offense (except a designated civil offense), or engaged in any such
activity, but shall not mean the department, the commissioner, a health
district, a county department of health, a county health commissioner, a
local board of health, a local health officer, the department of health
and mental hygiene of the city of New York, or the commissioner of the
department of health and mental hygiene of the city of New York. As used
in this subdivision, "designated civil offense" means a civil offense or
offenses designated by the commissioner (or the commissioner of the New
York city department of health and mental hygiene in the case of contact
tracing information collected by or under authority of the New York city
department of health and mental hygiene or the New York city health and
hospitals corporation).

10. "Support" means resources or services provided to an individual to
enable such individual to safely quarantine or isolate, including
grocery, meal or pharmacy delivery, laundry services, child or elder
care, pet walking, assistance with telephone, internet, or other
communication services or devices, health and mental health services,
legal services, provision of appropriate living space for individuals
who cannot isolate or quarantine at home, and income replacement.
"Support" may also include support provided to other individuals for
whom the individual commonly provides those resources or services.

11. "Permitted purpose" means:

(a) disclosure to appropriate health care providers or their personnel
for the purpose of the clinical diagnosis, care or treatment of the case
individual or contact individual who is the subject of the information,
where an emergency exists and the individual is in immediate need of
medical attention and an attempt to secure consent would result in delay
of treatment which would increase the risk to the individual's life or
health;

(b) facilitating a legally-authorized public health-related action,
where and only to the extent necessary to protect the public health in
relation to COVID-19; or

(c) use or disclosure of contact tracing information to pursue a legal
action in relation to a violation of this title; provided that
disclosure shall be subject to in camera review and approval by the
court, and, if the use is initiated by a party other than the case
individual or contact individual who is the subject of the contact
tracing information, the information must be highly material and
relevant for the purpose.

12. "Covered entity" means a governmental entity or a place of public
accommodation, resort or amusement, as defined in section two hundred
ninety-two of the executive law.

13. "Physical immunity passport" means a credential that identifies an
individual as having received a COVID-19 vaccine or a COVID-19 test
result that does not rely on a digital or electronic device. Physical
immunity passports include, but are not limited to, pieces of paper
denoting immunity status.