STATE OF NEW YORK ________________________________________________________________________ 7879--A IN SENATE January 3, 2024 ___________ Introduced by Sens. FERNANDEZ, HINCHEY, JACKSON, WEBB -- read twice and ordered printed, and when printed to be committed to the Committee on Health -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the public health law, in relation to requiring all health information systems or electronic health record systems to segregate certain patient information from the rest of such patient's medical record The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 18-a of section 206 of the public health law is 2 amended by adding a new paragraph (e) to read as follows: 3 (e) Within one hundred eighty days from the effective date of this 4 paragraph, the commissioner shall establish rules and regulations 5 consistent with state and federal law and regulations, including but not 6 limited to article thirty-three of the mental hygiene law and section 7 twenty-seven hundred eighty-two of this chapter, requiring any health 8 information system or electronic health record system operating in the 9 state of New York that electronically stores or maintains medical infor- 10 mation, electronic health records, personal health records, health care 11 claims, payment and other administrative data on behalf of a provider of 12 health care, health care service plan, pharmaceutical company, contrac- 13 tor, or employer to develop capabilities, policies, and procedures to: 14 (i) segregate health information related to reproductive health 15 services as defined in paragraph (a) of subdivision one of section 16 sixty-five hundred thirty-one-b of the education law, gender-affirming 17 care as defined in paragraph (c) of subdivision one of section sixty- 18 five hundred thirty-one-b of the education law, care protected under 42 19 CFR part 2, diagnosis and treatment for a sexually transmitted infection 20 or HIV, mental health services, alcohol or substance use treatment, and 21 any other health care services determined by the commissioner through 22 regulations, in consultation with medical providers and patient advo- 23 cates, from the rest of the patient's record; EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD13926-05-4S. 7879--A 2 1 (ii) limit user access privileges to health information segregated 2 pursuant to subparagraph (i) of this paragraph to only those persons 3 whom the patient has specifically authorized to access the health infor- 4 mation; 5 (iii) provide the ability to automatically disable access to health 6 information segregated pursuant to subparagraph (i) of this paragraph by 7 individuals and entities in another state with the documented authori- 8 zation of the patient; and 9 (iv) unless otherwise ordered by a court of competent jurisdiction, 10 notify the patient and the provider who rendered the care documented in 11 the health information segregated pursuant to subparagraph (i) of this 12 paragraph at least thirty days prior to complying with a civil, crimi- 13 nal, or regulatory inquiry, investigation, subpoena, or summons for 14 health information segregated pursuant to subparagraph (i) of this para- 15 graph. 16 § 2. This act shall take effect on the one hundred eightieth day after 17 it shall have become a law. Effective immediately, the addition, amend- 18 ment and/or repeal of any rule or regulation necessary for the implemen- 19 tation of this act on its effective date are authorized to be made and 20 completed on or before such effective date.