New York Assembly Bill A08292 Latest Draft

   
  STATE OF NEW YORK ________________________________________________________________________ 8292 2023-2024 Regular Sessions  IN ASSEMBLY November 27, 2023 ___________ Introduced by M. of A. BURKE -- read once and referred to the Committee on Health AN ACT to amend the public health law, in relation to establishing the central healthcare data system The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The public health law is amended by adding a new section 2 18-c to read as follows: 3 § 18-c. Central healthcare data system. 1. For the purposes of this 4 section: 5 (a) The term "authorized user" shall mean any person or entity author- 6 ized by a patient to provide information on such patient to or to 7 receive information about such patient from the central healthcare data 8 system and shall include, but not be limited to, health care providers 9 and their designees, registered professional nurses, and pharmacists. An 10 authorized user may be located outside New York state. An entity shall 11 be an authorized user only with respect to their patients who have 12 authorized access to such patients' information within the system. 13 (b) The term "central healthcare data system" or "system" shall mean a 14 statewide computerized database maintained by the department capable of 15 collecting, storing, and disclosing electronic and paper medical records 16 and information. 17 (c) The term "patient" shall mean a person seeking or receiving a 18 health care service from the health care provider. 19 2. The department is hereby directed to establish a central healthcare 20 data system that shall: 21 (a) collect medical records and information from and distribute 22 medical records and information to authorized users to ensure such 23 authorized users are aware of a patient's entire medical history so as 24 to ensure the highest quality of health care is provided; 25 (b) establish the public health infrastructure necessary to obtain, 26 collect, preserve, and disclose medical records and information; and 27 (c) protect the confidentiality of an individual's identifying infor- 28 mation and the privacy of persons included in the system. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD13042-01-3 
 A. 8292 2 1 3. (a) All authorized users shall provide all medical records and 2 information on their patients to the central healthcare data system 3 within fourteen days of such medical records and information being 4 created. 5 (b) All authorized users shall retrieve all medical records and infor- 6 mation on their patients from the central healthcare data system before 7 providing any healthcare services; provided, however, an authorized user 8 shall retrieve all medical records and information on their patients 9 from the central healthcare data system within twenty-four hours of 10 beginning to provide any healthcare services where emergency healthcare 11 services were required to protect the life and well-being of the 12 patient. 13 4. (a) All information maintained by the department under the 14 provisions of this section shall be confidential except as necessary to 15 carry out the provisions of this section and shall not be released for 16 any other purpose. 17 (b) No authorized user to whom medical records and information is 18 furnished by the system shall divulge any part thereof, except insofar 19 as such disclosure is necessary for the best interests of the patient, 20 consistent with the purposes of this section. 21 5. Submission of incomplete medical records and information shall not 22 prohibit entry of incomplete but viable data into the system. All 23 authorized users shall provide the department with additional or clari- 24 fying information upon request reasonably related to the purposes of 25 this section. 26 6. (a) Access and use of the system shall be limited to authorized 27 users. The commissioner shall provide a method by which authorized 28 users shall apply for access to the system. 29 (b) The commissioner may judge the legitimacy of any request for 30 access and use of the system and may refuse such access and use based on 31 the authenticity of the request, credibility of the authorized user or 32 other reasons as provided for by the commissioner. 33 7. Any patient, or his or her parent, or guardian, or other person in 34 parental or custodial relation for persons under the age of eighteen, 35 who has any medical records and information in the system may request a 36 copy of such medical records and information according to procedures 37 established by the commissioner. 38 8. The commissioner shall promulgate regulations as necessary to 39 effectuate the provisions of this section. Such regulations shall 40 include provisions for orderly implementation and operation of the 41 system, including the method by which each category of authorized user 42 may access the system. Access standards shall include at a minimum a 43 method for assigning and authenticating each user identification and 44 password assigned. 45 9. No authorized user shall be subjected to civil or criminal liabil- 46 ity, or be deemed to have engaged in unprofessional conduct, for report- 47 ing to, receiving from, or disclosing information relating to the system 48 when made reasonably and in good faith and in accordance with the 49 provisions of this section or any regulation adopted thereto. 50 § 2. This act shall take effect one year after it shall have become a 51 law. Effective immediately, the addition, amendment and/or repeal of any 52 rule or regulation necessary for the implementation of this act on its 53 effective date are authorized to be made and completed on or before such 54 effective date.