Bill > S07042

This bill creates a new criminal offense called "unlawful possession of a patient record" in the New York penal law, which makes it a class A misdemeanor for a person to obtain or receive a patient record without legal authority and then intentionally refuse to return or destroy the record after receiving a written demand from the healthcare provider or the patient. The bill specifically defines a "patient record" as patient information in written or electronic form, as defined in the public health law, and explicitly excludes HIPAA-covered entities from the definition of "person" for this offense. The law would go into effect 60 days after it becomes law, and it aims to protect patient privacy by creating legal consequences for unauthorized possession and retention of patient records, with potential penalties that could include up to one year in jail, which is typical for a class A misdemeanor in New York.

Housing and Urban Affairs

https://www.nysenate.gov/legislation/bills/2025/S7042