NY Pub Health L § 2180 (2021)
2021 New York Laws PBH - Public Health Article 21 - Control of Acute Communicable Diseases Title 8 - Novel Coronavirus, Covid-19 2180 - Definitions.

§  2180.  Definitions. As used in this title the following terms shall have the following meanings:   1.  "Contact  tracing"   means   COVID-19   case   investigation   and identification of case individuals and contact individuals.   2.  (a)  "Contact  tracer"  and  "contact  tracing  entity"  means  an individual or entity employed by or under contract  with  the  state,  a local  government,  a  state  or  local governmental entity, or an agent thereof, to conduct contact  tracing,  engage  in  contact  tracing,  or receive contact tracing information.  (b)  A  contact  tracer  or contact tracing entity shall not include a service provider that is a non-governmental entity that is  employed  by or  under  contract  with  a contact tracing entity or an agent thereof, that receives, transmits, maintains, stores, or  hosts  contact  tracing information  at  the  direction  of  a contact tracer or contact tracing entity so long as such service provider's access to the  information  is exclusively  limited  to  the  maintenance  of  the  information and the contact tracer or contact tracing entity has the ability to  delete  and manage  contact  tracing  information  as provided by this chapter, law, rules or regulations. A service provider under this paragraph  shall  be referred  to  in this title as a "designated non-governmental entity." A service provider that does not meet the requirements of  this  paragraph and  would  otherwise  be  subject  to paragraph (a) of this subdivision shall be a contact tracing entity.   3. "Contact tracing information" means any information  that  includes or can reveal the identity of any case individual or contact individual, and  any  COVID-19-related  information  or  test  results,  received or collected for the purpose or in the course of contact tracing.   4. "Contact individual" means an individual who has or may  have  come in contact with a case individual or who has or may have been exposed to and possibly infected with COVID-19.   5. " Case individual" means an individual with a confirmed or probable diagnosis of COVID-19.   6. "COVID-19" means infection with or the disease caused by the severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2).   7.  "Immigration  authority"  means  any entity, officer, employee, or government  employee  or  agent  thereof  charged  with  or  engaged  in enforcement  of  the  federal Immigration and Nationality Act, including the United States Immigration and  Customs  Enforcement,  United  States Department  of  Homeland  Security,  or United States Customs and Border Protection, or agent, contractor or employee thereof, or  any  successor legislation or entity.   8.  "De-identified" means, in relation to contact tracing information, that the information cannot identify  or  be  made  to  identify  or  be associated  with  a particular individual, directly or indirectly and is subject to technical safeguards and policies and procedures that prevent re-identification, whether  intentionally  or  unintentionally,  of  any individual.   9.  "Law enforcement agent or entity" means any governmental entity or public servant, or agent, contractor or employee thereof, authorized  to investigate,  prosecute,  or  make  an  arrest  for  a criminal or civil offense (except a designated civil offense),  or  engaged  in  any  such activity,  but shall not mean the department, the commissioner, a health district, a county department of health, a county health commissioner, a local board of health, a local health officer, the department of  health and  mental  hygiene of the city of New York, or the commissioner of the department of health and mental hygiene of the city of New York. As used in this subdivision, "designated civil offense" means a civil offense or offenses designated by the commissioner (or the commissioner of the  New  York city department of health and mental hygiene in the case of contact tracing information collected by or under authority of the New York city department  of health and mental hygiene or the New York city health and hospitals corporation).   10. "Support" means resources or services provided to an individual to enable  such  individual  to  safely  quarantine  or  isolate, including grocery, meal or pharmacy delivery, laundry  services,  child  or  elder care,  pet  walking,  assistance  with  telephone,  internet,  or  other communication services or devices, health and  mental  health  services, legal  services,  provision  of appropriate living space for individuals who cannot isolate  or  quarantine  at  home,  and  income  replacement. "Support"  may  also  include  support provided to other individuals for whom the individual commonly provides those resources or services.   11. "Permitted purpose" means:  (a) disclosure to appropriate health care providers or their personnel for the purpose of the clinical diagnosis, care or treatment of the case individual or contact individual who is the subject of the  information, where  an  emergency  exists  and the individual is in immediate need of medical attention and an attempt to secure consent would result in delay of treatment which would increase the risk to the individual's  life  or health;  (b)  facilitating  a  legally-authorized public health-related action, where and only to the extent necessary to protect the public  health  in relation to COVID-19; or  (c) use or disclosure of contact tracing information to pursue a legal action  in  relation  to  a  violation  of  this  title;  provided  that disclosure shall be subject to in camera  review  and  approval  by  the court,  and,  if  the  use  is  initiated by a party other than the case individual or contact individual who  is  the  subject  of  the  contact tracing  information,  the  information  must  be  highly  material  and relevant for the purpose.