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A08556 Summary:

BILL NOA08556
 
SAME ASSAME AS S08093
 
SPONSORReyes
 
COSPNSR
 
MLTSPNSR
 
Amd §837-x, Exec L; amd §3119, CPLR (as proposed in S.1066-B & A.1709-B)
 
Permits the commissioner of health to share deidentified information as strictly necessary to respond to a public health emergency or an imminent threat to public health, or to consult and cooperate with the appropriate agencies of the federal government or of other states in accordance with the functions, powers, and duties of the department, and may share identified information in such circumstances only when strictly necessary and with the consent of the patient.
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A08556 Actions:

BILL NOA08556
 
01/09/2024referred to codes
01/23/2024reported
01/25/2024advanced to third reading cal.283
01/29/2024substituted by s8093
 S08093 AMEND= MAYER
 01/05/2024REFERRED TO RULES
 01/08/2024ORDERED TO THIRD READING CAL.72
 01/29/2024PASSED SENATE
 01/29/2024DELIVERED TO ASSEMBLY
 01/29/2024referred to codes
 01/29/2024substituted for a8556
 01/29/2024ordered to third reading cal.283
 02/06/2024passed assembly
 02/06/2024returned to senate
 02/13/2024DELIVERED TO GOVERNOR
 02/13/2024SIGNED CHAP.89
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A08556 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A8556
 
SPONSOR: Reyes
  TITLE OF BILL: An act to amend the executive law and the civil practice law and rules, in relation to sharing of certain information   PURPOSE: The purpose of this bill is to make technical amendments to Chapter 138 of the Laws 2023 to ensure the Department of health is able to share certain legally protected health activity information as necessary to the federal government and other states and as required for federal funding sources.   SUMMARY OF PROVISIONS: Section one would makes technical changes the civil practice law and rules, as amended by Chapter 138 of the Laws of 2023, allowing the Department of Health to share deidentified information as strictly necessary to respond to a public health emergency and to comply with certain reporting requirements, with the consent of the patient. Section two would make a clarifying change to provide an exception to the express consent requirement to allow a legal representative to bring an action on behalf of an individual where express consent is not feasi- ble due to a patient's injury or death. Section three would establish the effective date.   JUSTIFICATION: Chapter 138 of the Laws of 2023 sought to build upon the abortion and reproductive health services laws signed in June 2022 by explicitly adding protections for telehealth and telehealth services. As many states across the country have enacted abortion bans and draconian reproductive rights restrictions following the Dobbs decision, this bill filled an important gap by safeguarding health care practitioners in New York from out-of- state activities that impede upon their ability to provide necessary reproductive health services to patients. Notably, a new definition was added. of "legally protected health activ- ity" to encompass "reproductive health services," which explicitly includes telehealth and telehealth services. Additionally, the bill amended the appropriate civil and criminal proce- dure laws-concerning extradition, arrests, and coordination with any out-of-state investigations or evidentiary requests-to operate as a shield to New York health care practitioners who perform any legally protected health activity against states who try to impose disciplinary actions upon them. It also amended the education law to prevent New York health care practitioners from professional disciplinary action for legally protected health activity. The insurance law was amended to prevent medical malpractice insurers from taking adverse action against health care practitioners for legally protected health activity and prevents insurance companies from imposing any annual deductibles or coinsurance for legally protected health activity. This bill seeks to make technical amendments to Chapter 138 of the Laws of 2023 to allow certain reporting requirements of legally protected health information. Often times states are required to report certain incidents to various federal departments, during a health emergency, and for funding sources, such as Medicaid. These amendments will allow the Department of Health to share certain deidentified information as strictly necessary. This information does not include identifying infor- mation about an individual.   PRIOR LEGISLATIVE HISTORY: New bill.   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: This act shall take effect on the same date and in the same manner as a chapter of the laws of 2023 amending the criminal procedure, executive law, civil practice law and rules, insurance law, and education law relating to legally protected health activity providers as proposed in legislative bills numbers S.1066-B and A.1709-B, takes effect.
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A08556 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8556
 
                   IN ASSEMBLY
 
                                     January 9, 2024
                                       ___________
 
        Introduced  by M. of A. REYES -- read once and referred to the Committee
          on Codes
 
        AN ACT to amend the executive law and the civil practice law and  rules,
          in relation to sharing of certain information
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivision 2 of section 837-x of  the  executive  law,  as
     2  amended  and such section as renumbered by a chapter of the laws of 2023
     3  amending the criminal procedure law, the executive law, the civil  prac-
     4  tice  law and rules, the insurance law and the education law relating to
     5  legally protected health activity providers, as proposed in  legislative
     6  bills numbers S.1066-B and A.1709-B, is amended to read as follows:
     7    2. (a) No state or local government employee or entity or other person
     8  acting  on  behalf  of state or local government shall cooperate with or
     9  provide information to any out-of-state individual or out-of-state agen-
    10  cy or department regarding any legally protected health activity in this
    11  state, or otherwise expend or use time,  moneys,  facilities,  property,
    12  equipment,  personnel  or other resources in furtherance of any investi-
    13  gation or proceeding that seeks to impose civil or criminal liability or
    14  professional sanctions upon a person or entity for any legally protected
    15  health activity occurring in this state; except that the commissioner of
    16  health may share  deidentified  information  as  strictly  necessary  to
    17  respond  to  a  public  health emergency or an imminent threat to public
    18  health, or to consult and cooperate with the appropriate agencies of the
    19  federal government or of other states in accordance with the  functions,
    20  powers,  and  duties  of  the  department  as outlined under section two
    21  hundred one of the public health law, and may share identified  informa-
    22  tion  in  such  circumstances  only when strictly necessary and with the
    23  consent of the patient. For purposes  of  this  section,  "deidentified"
    24  means  that the information cannot identify or be made to identify or be
    25  associated with a particular individual, directly or indirectly, and  is
    26  subject to technical safeguards and policies and procedures that prevent
    27  reidentification, whether intentionally or unintentionally, of any indi-
    28  vidual.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04071-10-4

        A. 8556                             2
 
     1    (b) Nothing in this section shall prohibit the investigation of any
     2    reproductive health services rendered in violation of the laws of this
     3  state,  provided  that  no information relating to any medical procedure
     4  performed on a specific individual may be shared  with  an  out-of-state
     5  agency  or  any other individual. Nothing in this section shall prohibit
     6  compliance with a valid, court-issued subpoena or warrant which does not
     7  relate to a law seeking to impose civil or criminal liability or profes-
     8  sional sanctions for a legally protected health activity, or in response
     9  to the written request of a person who is the subject of such an  inves-
    10  tigation  or  proceeding,  to  the  extent  necessary,  in each case, to
    11  fulfill such request.
    12    (c) Nothing in this section shall  prohibit disclosure of deidentified
    13  information in compliance with federal grant reporting  requirements  or
    14  other reporting requirements under federal law.
    15    (d)  This section shall not be construed to allow for the provision of
    16  any information to any individual or out-of-state agency  or  department
    17  which would not otherwise be available under state law.
    18    § 2. Paragraph 1 of subdivision (g) of section 3119 of the civil prac-
    19  tice law and rules, as amended by a chapter of the laws of 2023 amending
    20  the  criminal  procedure  law, the executive law, the civil practice law
    21  and rules, the insurance law and the education law relating  to  legally
    22  protected  health  activity  providers, as proposed in legislative bills
    23  numbers S.1066-B and A.1709-B, is amended to read as follows:
    24    (1) Out-of-state proceedings regarding legally protected health activ-
    25  ities. Notwithstanding any other provisions of this section or any other
    26  law, no court or county clerk shall  issue  a    subpoena    under  this
    27  section  in  connection  with an out-of-state proceeding relating to any
    28  legally protected health activity which occurred in this  state,  unless
    29  such  out-of-state  proceeding  (i)  sounds in tort or contract, (ii) is
    30  actionable, in an equivalent or similar manner, under the laws  of  this
    31  state,  and  (iii)  was brought by the patient who received reproductive
    32  health services as defined  in  paragraph  (a)  of  subdivision  one  of
    33  section  570.17  of  the  criminal procedure law, or the patient's legal
    34  representative, so long as the  patient  gives  express  consent  unless
    35  express consent is not feasible due to patient injury or death.
    36    §  3.  This  act  shall  take  effect on the same date and in the same
    37  manner as a chapter of the laws of 2023 amending the criminal  procedure
    38  law,  the executive law, the civil practice law and rules, the insurance
    39  law and the education law relating to legally protected health  activity
    40  providers,  as  proposed  in  legislative  bills  numbers  S.1066-B  and
    41  A.1709-B, takes effect.
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