2023 New York Laws › GBS - General Business › Article 26 - Miscellaneous › 394-H - Electronic Health Information Protections.

§  394-h.  Electronic  health  information  protections.  1.  For  the
  purposes of this section, the following terms shall have  the  following
  meanings:
a.   Electronic   health  information.  The  term  "electronic  health
  information" means any information in any  electronic  format  or  media
  that relates to an individual or a device that is reasonably linkable to
  an  individual  or  individuals in connection with any past, present, or
  future  disability,  physical  health  condition,   or   mental   health
  condition; the search for or attempt to obtain health care services; any
  past,  present,  or future treatment or other health care services for a
  disability, physical  health  condition,  or  mental  health  condition;
  location  information  associated  with  a  health care facility; or the
  past, present, or future payment  for  health  care  services.  For  the
  avoidance  of  doubt,  any  inference  drawn  or  data  derived about an
  individual or a device that is reasonably linkable to an  individual  or
  individuals that relates to any of these topics in any electronic format
  or  media is considered electronic health information. Electronic health
  information does not include deidentified information.
b. Law enforcement agency. The term  "law  enforcement  agency"  shall
  have  the  same  meaning as in subdivision four of section 705.00 of the
  criminal procedure law.
c. Law enforcement officer. The term "law enforcement officer" means a
  police officer or peace officer  as  defined  in  section  1.20  of  the
  criminal procedure law.
2.   Prohibition   on   access   to   electronic  health  information.
  Notwithstanding  any  other  law,  law  enforcement  agencies  and   law
  enforcement  officers  shall  be prohibited from purchasing or obtaining
  electronic health information without a warrant.
3. Exemptions. Nothing in this article shall apply to:
a. Information processed by local, state, and federal governments, and
  municipal corporations;
b. Protected health information that is collected by a covered  entity
  or  business  associate  governed  by  the privacy, security, and breach
  notification rules issued by the United States Department of Health  and
  Human  Services,  Parts  160  and 164 of Title 45 of the Code of Federal
  Regulations, established pursuant to the  Health  Insurance  Portability
  and  Accountability  Act  of  1996  (Public  Law 104-191) and the Health
  Information Technology for Economic and Clinical Health Act (Public  Law
  111-5);
c.  Any  covered  entity governed by the privacy, security, and breach
  notification rules issued by the United States Department of Health  and
  Human  Services,  Parts  160  and 164 of Title 45 of the Code of Federal
  Regulations, established pursuant to the  Health  Insurance  Portability
  and  Accountability  Act of 1996 (Public Law 104-191), to the extent the
  covered entity maintains patient  information  in  the  same  manner  as
  protected  health  information  as  described  in  paragraph  b  of this
  subdivision;
d. Information collected as part of a clinical trial  subject  to  the
  Federal  Policy  for the Protection of Human Subjects, also known as the
  Common Rule, pursuant to good clinical practice guidelines issued by the
  International Council for Harmonisation or  pursuant  to  human  subject
  protection   requirements   of   the   United   States   Food  and  Drug
  Administration;
e. Information processed pursuant to the  federal  Family  Educational
  Rights  and  Privacy  Act  (20  U.S.C.  Sec. 1232g) and its implementing
  regulations;
f. Information processed pursuant to section two-d  of  the  education
  law; and
g.  Information  processed  pursuant  to  the federal Driver's Privacy
  Protection Act of 1994 (18 U.S.C. Sec. 2721 et seq).