New York bans emergency service providers from selling patient data

New York Gov. Andrew Cuomo signed legislation on October 7 that prohibits ambulance and first response service providers from selling patient information to third parties for marketing purposes.

Specifically, the new law prohibits these personnel from selling data for marketing regardless of the entity that would benefit, including governmental, for-profit, and nonprofit organizations. The law defines marketing as any activity “used to influence business volume, sales or market share or evaluate the effectiveness of marketing practices or marketing personnel.”

Under prior New York law, a loophole allowed emergency service providers to sell patient information, including home addresses, phone numbers, prescriptions, and medical history, to marketers, according to a press release from Gov. Cuomo’s press office.

In 2014, a Brooklyn fire department was found to be selling patient data to marketing companies, according to WROC, prompting Assembly Member Edward Braunstein to introduce a bill to address the loophole.

“I first introduced this legislation in 2014 after reports surfaced that some emergency service providers in New York State may have been selling patient protected health information (PHI) for fundraising and marketing purposes,” says Braunstein in the press release. “Patients have a right to privacy and their medical information should never be sold to pharmaceutical companies, insurers, nursing homes, or other businesses."

According to Gov. Cuomo, this law will defend patient privacy. "Nothing is more personal than your health records, and New Yorkers have a right to privacy when it comes to this incredibly sensitive information," he says in the press release. "This law sets clear guidelines so patient information isn't sold or used for marketing purposes and most importantly doesn't end up in the wrong hands."