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S1633A

An act to amend the Public Health Law — 2026-01-27 · Calendar #140

The New York State Senate passed legislation allowing patients to opt out of including certain medical information in their health records, with a 37-21 vote along largely partisan lines. Sponsored by Sen. Fernandez, the bill permits patients to control what information healthcare providers can access, a measure supporters say protects sensitive data that could be weaponized across state lines—particularly regarding abortion and gender-affirming care. Sen. May cited scenarios where patients might fear seeking emergency care in hostile jurisdictions if their records revealed such procedures. However, opponents including Sen. Martins and Sen. Weik argued the measure could compromise patient safety by preventing doctors from accessing complete medical histories, potentially leading to harmful treatment decisions. Sen. Martins noted the state has invested significant resources in making medical records portable and accessible to ensure comprehensive care. The bill, which has backing from over 200 medical professionals according to its sponsor, takes effect immediately.
PASSED Ayes: 37 · Nays: 21

Debate Summary

The bill allows patients to opt in or opt out of including certain information in their medical records. Supporters argued it protects patient privacy and dignity in an era where medical information could be weaponized across state lines, particularly regarding abortion and gender-affirming care. Opponents contended that limiting medical record visibility could harm patient care by preventing healthcare providers from seeing complete health histories, potentially leading to harmful treatment decisions.

Recorded Votes

Recorded votes are predominantly dissenting (nay) votes captured from roll call records.

Senator Vote Party
Fernandez aye Democrat
May aye Democrat
Ashby nay Republican
Borrello nay Republican
Canzoneri-Fitzpatrick nay Republican
Chan nay Republican
Gallivan nay Republican
Griffo nay Republican
Helming nay Republican
Lanza nay Republican
Martins nay Republican
Mattera nay Republican
Murray nay Republican
O'Mara nay Republican
Oberacker nay Republican
Ortt nay Republican
Palumbo nay Republican
Rhoads nay Republican
Stec nay Republican
Tedisco nay Republican
Walczyk nay Republican
Weber nay Republican
Weik nay Republican