Bill Text: NY S04762 | 2023-2024 | General Assembly | Introduced
Bill Title: Relates to the unlawful possession of a patient record; makes such offense a class A misdemeanor.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2024-01-03 - REFERRED TO CODES [S04762 Detail]
Download: New_York-2023-S04762-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 4762 2023-2024 Regular Sessions IN SENATE February 14, 2023 ___________ Introduced by Sen. LANZA -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the penal law, in relation to the unlawful possession of a patient record The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The penal law is amended by adding a new section 250.73 to 2 read as follows: 3 § 250.73 Unlawful possession of a patient record. 4 A person is guilty of unlawful possession of a patient record when the 5 person obtains a patient record without legal authority, or receives a 6 patient record that was disclosed to him or her without legal authority, 7 and intentionally disregards a written demand by a health care provider 8 that lawfully possessed such record, or by the patient who is the 9 subject of such record, to return or destroy the record. For the purpose 10 of this section, "patient record" shall mean patient information as 11 defined in section eighteen of the public health law that is in written 12 or electronic form, and "person" does not include a covered entity with- 13 in the meaning of HIPAA regulations. 14 Unlawful possession of a patient record is a class A misdemeanor. 15 § 2. This act shall take effect on the sixtieth day after it shall 16 have become a law. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD08728-01-3