N.Y. Public Health Law § 2995: Structure and definitions

§ 2995. Structure and definitions. 1. Structure. * (a) The department

shall undertake an initiative for the purposes of increasing the

information available to patients about health care providers and health

care plans, and improving the quality of health care in this state, by

creating a statewide health information system, collecting health

information for dissemination by means of such system, and studying

additional uses of such information. Such moneys as may be necessary to

effect the purpose of this section may be appropriated to the department

for its expenses.

* NB Effective until March 31, 2029

* (a) The department shall undertake an initiative for the purposes of

increasing the information available to patients about health care

providers and health care plans, and improving the quality of health

care in this state, by creating a statewide health information system,

collecting health information for dissemination by means of such system,

and studying additional uses of such information. Such moneys as may be

necessary to effect the purpose of this section may be appropriated to

the department for its expenses, but in no event shall funds be diverted

from existing uses of the office of professional medical conduct in

order to fulfill the purposes of this section.

* NB Effective March 31, 2029

(b) The department shall promulgate rules for the purpose of

implementing the provisions of this title.

2. Definitions. For the purposes of this title:

(a) "Health care plan" shall mean a health maintenance organization,

as defined by subdivision one of section forty-four hundred one of this

chapter, a health service corporation licensed pursuant to article

forty-three of the insurance law, a prepaid health services plan

licensed pursuant to section forty-four hundred three-a of this chapter,

or an integrated delivery system licensed pursuant to section forty-four

hundred eight-a of this chapter.

(b) "Health information" shall mean physician data, hospital data, and

health care plan data, to the extent such data is disclosable pursuant

to any provision of law. Such term shall not include individual patient

data, except to the extent such data is disclosable pursuant to any

other provision of law.

(c) "Individual patient data" shall mean any information concerning an

individual patient, whether held orally or recorded in any form or

medium, including, but not limited to, information derived from a

biological sample from the patient, the sample itself or genetic

information that:

(i) relates to the physical or mental health of the patient, the

provision of health care to the patient, or the payment for the

provision of health care to the patient; and

(ii) (A) identifies the individual patient;

(B) could forseeably be used or manipulated to identify the individual

patient; or

(C) could forseeably be linked or matched to any other information

described in clause (A) or (B) of this subparagraph.

(d) "Statewide health information system" shall mean a collection of

health information to be publicly available on an ongoing basis for the

purpose of making statewide comparisons.

(e) "Preferred provider organization data" shall mean data collected

from an insurance company subject to article thirty-two of the insurance

law, a corporation subject to article forty-three of the insurance law,

or a municipal cooperative health benefit plan certified pursuant to

article forty-seven of the insurance law, with respect to preferred

provider organization (PPO) products, as defined by the commissioner in

consultation with the superintendent, offered by such entities.

(f) "Health care practitioner" shall mean a physician, nurse

practitioner, or physician assistant licensed or certified pursuant to

title eight of the education law.

(g) "Sudden unexpected death in epilepsy" shall mean sudden,

unexpected death in patients with epilepsy, with or without evidence of

a seizure.