S1633B

The New York State Senate passed legislation Tuesday allowing patients to exclude sensitive health information from electronic health records, protecting data related to reproductive health, gender-affirming care, sexually transmitted infections, HIV, substance abuse treatment, and mental health care. Senate Print 1633B, sponsored by Sen. Fernandez, passed 40-19 after extended floor debate centered on patient privacy versus medical safety concerns. The bill would permit patients to restrict access to certain medical information in EHRs based on the scope of practice of the healthcare provider treating them, while maintaining emergency room access to full records. Sen. Martins, the bill's chief critic, argued the legislation compromises patient safety by allowing doctors to lack critical information, particularly in emergencies. He cited studies showing patients cannot accurately recall medications and expressed concern that doctors would not know information had been redacted from records. He also questioned the bill's legal predicate, arguing due process prevents prosecution in other states for actions taken in New York. Sen. Canzoneri-Fitzpatrick opposed the bill on grounds that its definition of reproductive healthcare includes contraception, which interacts dangerously with other medications. She warned the legislation could withhold information that "very well could harm a woman." Sen. Fernandez countered that the bill protects New Yorkers from discrimination, citing instances where patients from other states have faced legal consequences for seeking care in New York. She noted the bill includes emergency exceptions and that information will be shared based on provider scope of practice. She cited support from over 200 healthcare providers. The bill now moves to the Assembly.