BILL NUMBER: S1633
SPONSOR: FERNANDEZ
 
TITLE OF BILL:
An act to amend the public health law, in relation to providing addi-
tional protections for sensitive health information and requiring all
health information networks, electronic health record systems, and
health care providers to provide patients with a right to restrict the
disclosures of such patient's health information
 
PURPOSE OR GENERAL IDEA OF BILL:
To protect patients' sensitive information and provide patients the
right to restrict the disclosure of such sensitive information.
 
SUMMARY OF PROVISIONS:
Section 1 amends the public health law to add Section 25 on the privacy
of information disclosed through health information networks and Section
26 on the privacy of patient information held by health care providers
Section 2 creates a severability clause
Section 3 sets the effective date  
JUSTIFICATION:
Electronic health records improve the quality of health care by ensuring
that every provider who sees a patient has access to their medical
history. But the information in a patient's electronic health record may
be shared across state lines automatically and by default. In a post-
Dobbs world, as other states move to criminalize abortion care and
gender affirming care, this automatic sharing can put New York patients
who travel or move to ban states, as well as the New York providers who
care for them, at risk of criminalization. It also poses risks of
discrimination for New York patients who later see New York providers
who oppose abortion, gender affirming care, or other sensitive types of
health care they previously received.
Electronic health records are records-based systems, which means that a
patient's entire medical record is available to all providers with
access to the system or none of their record is shared. This legislation
would require health information exchanges and electronic health record
companies develop capabilities to segment electronic health records and
suppress sensitive health information, which includes reproductive
health care, gender affirming care and other types of care that are
already subject to heightened state and federal privacy protections, at
a patient's direction. The legislation would also require health care
providers to notify their patients of their rights to segment such
sensitive health information and implement those choices. It would also
afford patients with the right to universally opt out of the sharing of
their record and to request an accounting of all disclosures of their
record. In short, this bill would enable patients to reap the health
benefits of electronic health records without risking that information
about their abortion, gender affirming care, or other sensitive health
care will be shared against their will and used against them.
 
PRIOR LEGISLATIVE HISTORY:
2023-2024: S7879
 
FISCAL IMPLICATIONS:
TBD
 
EFFECTIVE DATE:
This act shall take effect immediately