§ 2995. Structure and definitions. 1. Structure. * (a) The department
shall undertake an initiative for the purposes of increasing the
information available to patients about health care providers and health
care plans, and improving the quality of health care in this state, by
creating a statewide health information system, collecting health
information for dissemination by means of such system, and studying
additional uses of such information. Such moneys as may be necessary to
effect the purpose of this section may be appropriated to the department
for its expenses.

* NB Effective until March 31, 2026

* (a) The department shall undertake an initiative for the purposes of
increasing the information available to patients about health care
providers and health care plans, and improving the quality of health
care in this state, by creating a statewide health information system,
collecting health information for dissemination by means of such system,
and studying additional uses of such information. Such moneys as may be
necessary to effect the purpose of this section may be appropriated to
the department for its expenses, but in no event shall funds be diverted
from existing uses of the office of professional medical conduct in
order to fulfill the purposes of this section.

* NB Effective March 31, 2026

(b) The department shall promulgate rules for the purpose of
implementing the provisions of this title.

2. Definitions. For the purposes of this title:

(a) "Health care plan" shall mean a health maintenance organization,
as defined by subdivision one of section forty-four hundred one of this
chapter, a health service corporation licensed pursuant to article
forty-three of the insurance law, a prepaid health services plan
licensed pursuant to section forty-four hundred three-a of this chapter,
or an integrated delivery system licensed pursuant to section forty-four
hundred eight-a of this chapter.

(b) "Health information" shall mean physician data, hospital data, and
health care plan data, to the extent such data is disclosable pursuant
to any provision of law. Such term shall not include individual patient
data, except to the extent such data is disclosable pursuant to any
other provision of law.

(c) "Individual patient data" shall mean any information concerning an
individual patient, whether held orally or recorded in any form or
medium, including, but not limited to, information derived from a
biological sample from the patient, the sample itself or genetic
information that:

(i) relates to the physical or mental health of the patient, the
provision of health care to the patient, or the payment for the
provision of health care to the patient; and

(ii) (A) identifies the individual patient;

(B) could forseeably be used or manipulated to identify the individual
patient; or

(C) could forseeably be linked or matched to any other information
described in clause (A) or (B) of this subparagraph.

(d) "Statewide health information system" shall mean a collection of
health information to be publicly available on an ongoing basis for the
purpose of making statewide comparisons.

(e) "Preferred provider organization data" shall mean data collected
from an insurance company subject to article thirty-two of the insurance
law, a corporation subject to article forty-three of the insurance law,
or a municipal cooperative health benefit plan certified pursuant to
article forty-seven of the insurance law, with respect to preferred
provider organization (PPO) products, as defined by the commissioner in
consultation with the superintendent, offered by such entities.

(f) "Health care practitioner" shall mean a physician, nurse
practitioner, or physician assistant licensed or certified pursuant to
title eight of the education law.

(g) "Sudden unexpected death in epilepsy" shall mean sudden,
unexpected death in patients with epilepsy, with or without evidence of
a seizure.