WEDNESDAY, JANUARY 22, 2025 1:53 P.M.
ACTING SPEAKER HUNTER: GOOD AFTERNOON,
COLLEAGUES.
IN THE ABSENCE OF CLERGY, IF WE CAN TAKE A MOMENT TO
PAUSE AND HONOR THE LIFE OF CECILE RICHARDS. SHE WAS A PLANNED
PARENTHOOD AND A TRAILBLAZER AND ADVOCATE FOR WOMEN'S HEALTH.
(WHEREUPON, A MOMENT OF SILENCE WAS OBSERVED.)
VISITORS ARE INVITED TO JOIN THE MEMBERS IN THE PLEDGE
OF ALLEGIANCE.
(WHEREUPON, ACTING SPEAKER HUNTER LED VISITORS AND
MEMBERS IN THE PLEDGE OF ALLEGIANCE.)
A QUORUM BEING PRESENT, THE CLERK WILL READ THE
JOURNAL OF TUESDAY, JANUARY 25TH -- 21ST, EXCUSE ME.
1
NYS ASSEMBLY JANUARY 22, 2025
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MADAM SPEAKER, I MOVE
TO DISPENSE WITH THE FURTHER READING OF THE JOURNAL OF TUESDAY, JANUARY
THE 21ST AND THAT THE SAME STAND APPROVED.
ACTING SPEAKER HUNTER: WITHOUT OBJECTION,
SO ORDERED.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU SO MUCH,
MADAM SPEAKER. I WANT TO BEGIN OUR WORK TODAY, COLLEAGUES AND
GUESTS THAT ARE IN THE CHAMBERS, WITH A QUOTE. MANY OF YOU ALL WILL
KNOW WHERE THIS COMES FROM BECAUSE IT COMES FROM FAMILY CIRCUS
WHICH IS A CARTOON THAT ENDS UP IN MOST NEWSPAPERS, AND IT HAS BEEN
FOR MANY NUMBER OF YEARS. IT'S AUTHOR IS A GENTLEMAN BY THE NAME OF
BILL KEANE WHO HAS NOW TRANSITIONED. BUT HIS WORDS FOR US TODAY FROM
THE FAMILY CIRCUS CARTOON: YESTERDAY IS HISTORY, TOMORROW IS A
MYSTERY, TODAY IS A GIFT OF GOD, WHICH IS WHY WE ALL CALL IT THE PRESENT.
MADAM SPEAKER AND COLLEAGUES, MEMBERS HAVE ON
THEIR DESK A MAIN CALENDAR. BEFORE INTRODUCTIONS WE'RE GOING TO BE
CALLING FOR SOME COMMITTEES TO MEET. WE'RE GOING TO START WITH CODES
AND THEN GO IMMEDIATELY TO WAYS AND MEANS, FOLLOWED BY RULES.
THESE COMMITTEES ARE GOING TO PRODUCE AN A-CALENDAR AND AFTER YOU
HAVE DONE ANY HOUSEKEEPING AND/OR INTRODUCTIONS WE'RE GOING TO BEGIN
OUR CALENDAR -- WORK ON CALENDAR RESOLUTIONS ON PAGE 3 AND THEN
CONTINUE WITH CONSENT FROM WHERE WE LEFT OFF ON YESTERDAY, BEGINNING
WITH RULES REPORT NO. 16, THAT'S ON PAGE 4. THERE COULD BE A NEED TO
2
NYS ASSEMBLY JANUARY 22, 2025
HAVE FURTHER ANNOUNCEMENTS REGARDING FLOOR ACTIVITY, MADAM SPEAKER.
SHOULD THAT HAPPEN, I WILL BE HAPPY TO ADVISE AT THAT MOMENT, BUT
THAT'S A GENERAL OUTLINE OF WHERE WE'RE GOING WITH OUR WORK TODAY, SO IF
YOU COULD BEGIN BY CALLING CODES COMMITTEE TO THE SPEAKER'S
CONFERENCE ROOM, WE CAN GET STARTED.
ACTING SPEAKER HUNTER: THANK YOU, MRS.
PEOPLES-STOKES. WE HAVE NO HOUSEKEEPING TODAY AND WE WILL BE
CALLING THE CODES COMMITTEE TO THE SPEAKER'S CONFERENCE ROOM;
CODES COMMITTEE, SPEAKER'S CONFERENCE ROOM.
(PAUSE)
AS MEMBERS ARE GOING TOWARDS THE SPEAKER'S
CONFERENCE ROOM FOR THE CODES COMMITTEE, WE ARE MOVING TO
INTRODUCTIONS.
MS. CLARK FOR THE PURPOSE OF AN INTRODUCTION.
MS. CLARK: THANK YOU, MADAM SPEAKER. I RISE IN
PURE EXCITEMENT TODAY TO WELCOME A GROUP FROM AQUINAS INSTITUTE.
THEY -- YUP, GREAT, THEY'RE ALL STANDING. I WANT TO SAY THEY ALL TRAVELED
HERE EVEN THOUGH IT WAS TECHNICALLY A SNOW/COLD DAY AT HOME AND THEY
HAD NO SCHOOL, THEY STILL GOT ON A BUS AND MADE THEIR WAY TO ALBANY
TODAY. YOU KNOW, AQUINAS INSTITUTE IS KNOWN FOR RIGOROUS ACADEMICS,
EXCELLENCE IN SPORTS AND ARTS, A COMMITMENT TO ENSURING EACH STUDENT
DOES MANY HOURS OF COMMUNITY SERVICE. THEIR THREE WORDS OF MOTTO IS
GOODNESS, DISCIPLINE, AND KNOWLEDGE. THEY'RE CELEBRATING 100 YEARS IN
THEIR CURRENT LOCATION, WHICH IS IN MY NEIGHBORHOOD AROUND THE CORNER.
THEY ARE AN ANCHOR INSTITUTION IN A CHALLENGING NEIGHBORHOOD THAT HAS
3
NYS ASSEMBLY JANUARY 22, 2025
HAD ITS OWN RENAISSANCE, I WOULD SAY, AND STILL STRUGGLING WITH HUGE
POVERTY NUMBERS AND MANY OTHER THINGS, BUT AQUINAS IS A GREAT ANCHOR
INSTITUTION IN THAT NEIGHBORHOOD.
THIS IS THE DIVERSITY CLUB. AQUINAS IS COMMITTED TO
CREATING AN ENVIRONMENT FOR ALL STUDENTS TO FEEL WELCOME, TO DEFEAT
RACISM, CLASSISM, AND INTOLERANCE, AND ENSURE ALL STUDENTS FEEL INCLUDED
AND A SAFE PLACE FOR ALL. THIS DIVERSITY CLUB IS LED BY MR. MESUE, WHO
TEACHES THEOLOGY AND ALSO IS PART OF THE SOCCER PROGRAM, AND HIS JOY
RADIATES OUT OF HIM EVERY DAY, SPENDING TIME WITH STUDENTS, INSPIRING
THEM WITH HIS INFECTIOUS SMILE AND MANY OTHER THINGS. BUT IT'S SUPER
SPECIAL FOR ME BECAUSE THE PRESIDENT OF THE DIVERSITY CLUB IS MY SON,
SEAN CLARK, AND HE IS HERE AND MY DAUGHTER, WHO IS A FRESHMAN, IS ALSO
HERE, GRACE CLARK, AND MANY OF THEIR FRIENDS. THE DIVERSITY CLUB IS
REALLY ABOUT CREATING DIVERSITY ON CAMPUS AND RAISING VOICES IN THE
SCHOOL SETTING, BUT TODAY THEY CAME TO ALBANY TO LEARN WHY IT MATTERS
TO HAVE DIVERSITY IN GOVERNMENT.
I WANT TO THANK ALL MY COLLEAGUES AND EVERYONE WHO
SPENT TIME WITH THEM TODAY GIVING THEIR UNIQUE VOICE AND EXPERIENCE
AND TEACHING THEM ABOUT WHY IT MATTERS TO HAVE THESE DIVERSE VOICES,
BUT ALSO WHY IT'S IMPORTANT TO CREATE THE SPACES WHERE WE HAVE DIALOG,
WHERE WE TALK TO EACH OTHER WHEN WE MAY FEEL DIFFERENT ABOUT THINGS
AND ENSURING THAT WE DO THAT. SO PLEASE WELCOME THEM HERE TO THE
FLOOR, MADAM SPEAKER.
ACTING SPEAKER HUNTER: THANK YOU. ON
BEHALF OF MEMBER CLARK, WELCOME TO THE DIVERSITY CLUB FROM THE
4
NYS ASSEMBLY JANUARY 22, 2025
AQUINAS INSTITUTE. THE WORDS FITNESS, DISCIPLINE, KNOWLEDGE -
DEFINITELY WORDS TO LIVE BY. SO WE WELCOME YOU, AND THE SPEAKER AND
ALL THE MEMBERS, TO THE CHAMBER AND EXTEND THE PRIVILEGES OF THE FLOOR
AND HOPE YOU ENJOY THE PROCEEDINGS. THANK YOU SO MUCH FOR JOINING
US TODAY.
(APPLAUSE)
MS. LEE FOR THE PURPOSE OF AN INTRODUCTION.
MS. LEE: THANK YOU, MADAM SPEAKER. I RISE TO
INTRODUCE STAFF AND COMMUNITY MEMBERS FROM THE CHINESE AMERICAN
PLANNING COUNCIL WHO ARE STANDING JUST THERE IN THE BACK. THE
CHINESE AMERICAN PLANNING COUNCIL HAS SERVED ASIAN AMERICAN
IMMIGRANT AND LOW-INCOME COMMUNITIES IN NEW YORK CITY SINCE
1965, ENSURING THEY HAVE EQUITABLE ACCESS TO THE RESOURCES AND
OPPORTUNITIES NEEDED TO THRIVE. TODAY, CPC IS A COMMUNITY PARTNER TO
80,000 NEW YORKERS, INCLUDING THE COMMUNITY MEMBERS WHO'VE
JOINED US HERE TODAY. MADAM SPEAKER, PLEASE WELCOME MEMBERS OF
THE CHINESE AMERICAN PLANNING COUNCIL, AND PLEASE EXTEND THEM THE
PRIVILEGES OF THE FLOOR.
ACTING SPEAKER HUNTER: ON BEHALF OF MS.
LEE, THE SPEAKER AND ALL THE MEMBERS, WE WELCOME YOU, THE CHINESE
PLANNING COUNCIL, TO THE CHAMBER, EXTEND THE PRIVILEGES OF THE FLOOR
AND WE DO HOPE YOU ENJOY THE PROCEEDINGS TODAY. THANK YOU SO MUCH
FOR JOINING US.
(APPLAUSE)
RESOLUTION NO. 38, THE CLERK WILL READ.
5
NYS ASSEMBLY JANUARY 22, 2025
THE CLERK: ASSEMBLY RESOLUTION NO. 38, MR.
MAGNARELLI. LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR KATHY
HOCHUL TO PROCLAIM JANUARY 19-25, 2025 AS ENROLLED AGENT WEEK IN
THE STATE OF NEW YORK.
ACTING SPEAKER HUNTER: READ THE LAST
SECTION.
ON THE RESOLUTION, ALL THOSE IN FAVOR SIGNIFY BY SAYING
AYE; OPPOSED, NO. THE RESOLUTION IS ADOPTED.
THE CLERK: ASSEMBLY RESOLUTION NO. 39, MR.
DURSO. LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR KATHY HOCHUL
TO PROCLAIM JANUARY 2025 AS TECHNOLOGY MONTH IN THE STATE OF NEW
YORK.
ACTING SPEAKER HUNTER: ON THE RESOLUTION,
ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO. THE RESOLUTION IS
ADOPTED.
THE CLERK: ASSEMBLY RESOLUTION NO. 40, MS.
BUTTENSCHON. LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR KATHY
HOCHUL TO PROCLAIM JANUARY 2025 AS FIREFIGHTER CANCER PREVENTION
MONTH IN THE STATE OF NEW YORK.
ACTING SPEAKER HUNTER: ON THE RESOLUTION,
ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO. THE RESOLUTION IS
ADOPTED.
ON CONSENT, PAGE 4, RULES REPORT NO. 16, THE CLERK
WILL READ.
THE CLERK: ASSEMBLY NO. A00915, RULES REPORT
6
NYS ASSEMBLY JANUARY 22, 2025
NO. 16, CLARK. AN ACT TO AMEND THE SOCIAL SERVICES LAW, IN RELATION TO
THE USE OF CHILD CARE BLOCK GRANT FUNDS FOR THE STATEWIDE PRESUMPTIVE
ELIGIBILITY PERIOD FOR THE RECEIPT OF CHILD CARE ASSISTANCE; AND TO AMEND
A CHAPTER OF THE LAWS OF 2024 AMENDING THE SOCIAL SERVICES LAW
RELATING TO THE USE OF CHILD CARE BLOCK GRANT FUNDS FOR THE STATEWIDE
PRESUMPTIVE ELIGIBILITY PERIOD FOR THE RECEIPT OF CHILD CARE ASSISTANCE,
AS PROPOSED IN LEGISLATIVE BILLS NUMBERS S. 4667-A AND A. 4099-A, IN
RELATION TO THE EFFECTIVENESS THEREOF.
ACTING SPEAKER HUNTER: READ THE LAST
SECTION.
ON A MOTION BY MS. CLARK, THE SENATE BILL IS BEFORE
THE HOUSE. THE SENATE BILL IS ADVANCED. READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER HUNTER: THE CLERK WILL
RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
MS. CLARK TO EXPLAIN HER VOTE.
MS. CLARK: THANK YOU, MADAM SPEAKER. I BRIEFLY
JUST WANT TO TALK ABOUT THE FACT THAT I AM PASSING THIS BILL RIGHT NOW -
WHICH IS ALWAYS EXCITING TO PASS A BILL - I'M ALSO PASSING IT IN FRONT OF
TWO OF MY CHILDREN, ANOTHER EXCITING MOMENT. AND MY CHILDREN ARE
THE REASON I FIGHT SO HARD FOR CHILD CARE. THIS IS ONE OF MANY CHILD
CARE BILLS I'VE BEEN ABLE TO PASS IN THIS CHAMBER AS WE LOOK TO FIX AND
GET TO UNIVERSAL CHILD CARE, BUT RAISING THREE CHILDREN WHILE WORKING IS
CONSTANTLY A STRUGGLE FOR ME AND MANY FAMILIES ACROSS OUR STATE ARE
7
NYS ASSEMBLY JANUARY 22, 2025
GOING THROUGH THE SAME THING.
SO IT IS JUST A TRIFECTA OF EXCITEMENT FOR ME AND A
PRIVILEGE TO BE ABLE TO SAY A FEW WORDS IN FRONT OF MY CHILDREN AND
THANK YOU ALL, AGAIN, FOR ALL YOUR SUPPORT AS WE LOOK TO MAKE UNIVERSAL
CHILD CARE IN OUR STATE AND MAKE IT A REALITY FOR EVERYONE. THANK YOU.
(APPLAUSE)
ACTING SPEAKER HUNTER: MS. CLARK IN THE
AFFIRMATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A00916, RULES REPORT
NO. 17, PAULIN. AN ACT TO AMEND THE PUBLIC HEALTH LAW, IN RELATION TO
HEALTH CARE AGENTS AND PROXIES, DECISIONS UNDER THE FAMILY HEALTH
CARE DECISIONS ACT, AND NONHOSPITAL ORDERS NOT TO RESUSCITATE; AND TO
REPEAL CERTAIN PROVISIONS OF THE PUBLIC HEALTH LAW RELATING THERETO.
ACTING SPEAKER HUNTER: READ THE LAST
SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 90TH
DAY.
ACTING SPEAKER HUNTER: THE CLERK WILL
RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
8
NYS ASSEMBLY JANUARY 22, 2025
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A00917, RULES REPORT
NO. 18, HEVESI. AN ACT TO AMEND THE SOCIAL SERVICES LAW, IN RELATION
TO THE TERMINATION OF CERTAIN SUBSIDIES PROVIDED TO ADOPTIVE PARENTS FOR
DISABLED OR HARD TO PLACE CHILDREN; AND TO AMEND A CHAPTER OF THE LAWS
OF 2024 AMENDING THE SOCIAL SERVICES LAW RELATING TO THE ADOPTION
SUBSIDIES PROVIDED FOR DISABLED OR HARD TO PLACE CHILDREN, AS PROPOSED
IN LEGISLATIVE BILLS NUMBERS S. 8745 AND A. 3580-A, IN RELATION TO THE
EFFECTIVENESS THEREOF.
ACTING SPEAKER HUNTER: ON A MOTION BY MR.
HEVESI, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED. READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER HUNTER: THE CLERK WILL
RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A00922, RULES REPORT
NO. 19, HEVESI. AN ACT TO AMEND THE FAMILY COURT ACT AND THE SOCIAL
SERVICES LAW, IN RELATION TO THE "SAFE LANDINGS ACT"; AND TO AMEND A
CHAPTER OF THE LAWS OF 2024 AMENDING THE FAMILY COURT ACT AND THE
SOCIAL SERVICES LAW RELATING TO ENACTING THE "SAFE LANDINGS FOR YOUTH
LEAVING FOSTER CARE ACT" OR "SAFE LANDINGS ACT", AS PROPOSED IN
9
NYS ASSEMBLY JANUARY 22, 2025
LEGISLATIVE BILLS NUMBERS S. 8724-B AND A. 9321-B, IN RELATION TO THE
EFFECTIVENESS THEREOF.
ACTING SPEAKER HUNTER: ON A MOTION BY MR.
HEVESI, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS LAID
ASIDE.
THE CLERK: ASSEMBLY NO. A00923, RULES REPORT
NO. 20, ZINERMAN. AN ACT TO AMEND THE GENERAL BUSINESS LAW, IN
RELATION TO REQUIRING RETAILERS OF MICROMOBILITY DEVICES, BICYCLES WITH
ELECTRIC ASSIST AND LIMITED USE MOTORCYCLES POWERED BY LITHIUM-ION
BATTERIES, AND LITHIUM-ION BATTERIES INTENDED FOR USE IN SUCH DEVICES OR
BICYCLES TO PROVIDE CUSTOMERS WITH AN OPERATING MANUAL.
ACTING SPEAKER HUNTER: THE BILL IS LAID
ASIDE.
THE CLERK: ASSEMBLY NO. A00924, RULES REPORT
NO. 21, PAULIN. AN ACT TO AMEND A CHAPTER OF THE LAWS OF 2024
AMENDING THE SOCIAL SERVICES LAW RELATING TO THE APPLICATION FOR THE
MEDICARE SAVINGS PROGRAM, AS PROPOSED IN LEGISLATIVE BILLS NUMBERS S.
8650 AND A. 7570, IN RELATION TO THE EFFECTIVENESS THEREOF.
ACTING SPEAKER HUNTER: READ THE LAST
SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER HUNTER: THE CLERK WILL
RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
10
NYS ASSEMBLY JANUARY 22, 2025
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MADAM SPEAKER, WOULD
YOU PLEASE CALL THE WAYS AND MEANS COMMITTEE TO THE SPEAKER'S
CONFERENCE ROOM?
ACTING SPEAKER HUNTER: WAYS AND MEANS,
SPEAKER'S CONFERENCE ROOM.
THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A00926, RULES REPORT
NO. 22, MCDONALD. AN ACT TO AMEND A CHAPTER OF THE LAWS OF 2024
AMENDING THE PUBLIC HEALTH LAW RELATING TO SUBMISSION OF INFORMATION
TO THE DEPARTMENT OF HEALTH FOR PHYSICIAN PROFILES, AS PROPOSED IN
LEGISLATIVE BILLS NUMBERS S. 3472 AND A. 7214, IN RELATION TO THE
EFFECTIVENESS THEREOF.
ACTING SPEAKER HUNTER: READ THE LAST
SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER HUNTER: THE CLERK WILL
RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
MR. GANDOLFO FOR THE PURPOSES OF AN INTRODUCTION.
11
NYS ASSEMBLY JANUARY 22, 2025
MR. GANDOLFO: THANK YOU, MADAM SPEAKER. IT
GIVES ME GREAT PLEASURE TO INTRODUCE MIRSAD AZEMOVIC ON BEHALF OF
MR. PIROZZOLO HERE TODAY. HE IS THE MINISTER OF THE DIASPORA OF
MONTENEGRO. HE BEGAN HIS PROFESSIONAL CAREER IN 2007 AS A MANAGER
OF THE FOUNDREISERS DEPARTMENT AT UNICEF. WHILE -- SINCE THE YEAR
2012, HE HAS BEEN WORKING AS AN EDITOR AND CORRESPONDENT JOURNALIST.
HE STARTED HIS FIRST PUBLIC FUNCTIONS AS THE VICE PRESIDENT OF THE
MUNICIPALITY OF ROŽAJE UNTIL 2017. AFTER THAT, HE TOOK OVER THE
POSITION OF ADVISOR TO THE VICE PRESIDENT OF THE GOVERNMENT OF
MONTENEGRO UNTIL 2020. FROM 2021 TO 2022 HE WAS ADVISOR TO THE
VICE PRESIDENT OF THE PARLIAMENT OF MONTENEGRO, AND THEN FROM 2023
HE SERVES AS THE DIRECTOR OF THE -- DIRECTORATE IN THE MINISTRY OF LABOR
AND SOCIAL WELFARE OF MONTENEGRO. IN JULY OF 2024, HE WAS APPOINTED
BY THE PARLIAMENT TO SERVE AS THE MINISTER OF THE DIASPORA OF
MONTENEGRO. HE SPEAKS RUSSIAN AND ENGLISH, AND HE IS OUR HONORED
GUEST HERE TODAY ON BEHALF OF MR. PIROZZOLO, SO WOULD YOU PLEASE GIVE
HIM THE WELCOME HE DESERVES.
ACTING SPEAKER HUNTER: CERTAINLY.
(APPLAUSE)
ON BEHALF OF MR. GANDOLFO, MR. PIROZZOLO, AND THE
SPEAKER AND ALL THE MEMBERS, WE WELCOME YOU TO THE CHAMBER AND
EXTEND THE PRIVILEGES OF THE FLOOR, AND DO HOPE YOU ENJOY THE
PROCEEDINGS TODAY. THANK YOU SO VERY MUCH FOR JOINING US.
(APPLAUSE)
THE CLERK WILL READ.
12
NYS ASSEMBLY JANUARY 22, 2025
THE CLERK: ASSEMBLY NO. A00927, RULES REPORT
NO. 23, FALL. AN ACT TO AMEND THE PUBLIC HEALTH LAW, IN RELATION TO
INCLUDING INFORMATION ON CONGENITAL HEART DEFECT BIRTHS AS PART OF THE
DEPARTMENT OF HEALTH'S HEALTH CARE AND WELLNESS EDUCATION AND
OUTREACH PROGRAM; TO REPEAL CERTAIN PROVISIONS OF SUCH LAW RELATING
THERETO; AND TO AMEND A CHAPTER OF THE LAWS OF 2024 AMENDING THE
PUBLIC HEALTH LAW RELATING TO INCLUDING INFORMATION ON CONGENITAL
HEART DEFECT BIRTHS IN THE INFORMATIONAL LEAFLETS REQUIRED TO BE GIVEN TO
MATERNITY PATIENTS, AS PROPOSED IN LEGISLATIVE BILLS NUMBERS S. 9283
AND A. 7516-A, IN RELATION TO THE EFFECTIVENESS THEREOF.
ACTING SPEAKER HUNTER: READ THE LAST
SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 30TH
DAY.
ACTING SPEAKER HUNTER: THE CLERK WILL
RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A01016, RULES REPORT
NO. 24, MCDONALD. AN ACT TO AMEND THE PUBLIC HEALTH LAW, IN
RELATION TO RECOMMENDATIONS OF THE TRAUMATIC BRAIN INJURY SERVICES
COORDINATING COUNCIL; AND TO REPEAL A CHAPTER OF THE LAWS OF 2024
DIRECTING THE COMMISSIONER OF HEALTH AND THE COMMISSIONER OF THE
13
NYS ASSEMBLY JANUARY 22, 2025
OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES TO CONDUCT A STUDY
OF THE DELIVERY OF SERVICES TO INDIVIDUALS WITH TRAUMATIC BRAIN INJURY,
AS PROPOSED IN LEGISLATIVE BILLS NUMBERS S. 1478 AND A. 7215.
ACTING SPEAKER HUNTER: READ THE LAST
SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 60TH
DAY.
ACTING SPEAKER HUNTER: THE CLERK WILL
RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A01017, RULES REPORT
NO. 25, PAULIN. AN ACT TO AMEND THE PUBLIC HEALTH LAW, IN RELATION TO
AUTHORIZING THE HEALTH CARE AND WELLNESS EDUCATION AND OUTREACH
PROGRAM TO DEVELOP AND DISSEMINATE INFORMATION REGARDING
DRUG-INDUCED MOVEMENT DISORDERS.
ACTING SPEAKER HUNTER: READ THE LAST
SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT APRIL 1ST,
2025.
ACTING SPEAKER HUNTER: THE CLERK WILL
RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
14
NYS ASSEMBLY JANUARY 22, 2025
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A01018, RULES REPORT
NO. 26, HEVESI. AN ACT TO AMEND THE SOCIAL SERVICES LAW, IN RELATION
TO MAKING TECHNICAL CHANGES TO CERTAIN PROVISIONS OF SUCH LAW; TO
REPEAL SECTIONS 2, 3, 4 AND 5 OF A CHAPTER OF THE LAWS OF 2024
AMENDING THE SOCIAL SERVICES LAW RELATING TO REQUIRING MAINTAINED
RECORDS FOR CERTAIN CHILDREN TO INCLUDE WHETHER THEY HAVE A
DEVELOPMENTAL DISABILITY; AND CONDUCTING A STUDY ON THE NUMBER OF
CHILDREN IN FOSTER CARE WHO HAVE A DEVELOPMENTAL DISABILITY; AS
PROPOSED IN LEGISLATIVE BILLS NUMBERS S. 8679 AND A. 8846-A, IN
RELATION TO CONDUCTING A STUDY TO DETERMINE THE NUMBER OF CHILDREN IN
FOSTER CARE AND WHO HAVE BEEN DIAGNOSED WITH A DEVELOPMENTAL
DISABILITY; AND TO AMEND A CHAPTER OF THE LAWS OF 2024 AMENDING THE
SOCIAL SERVICES LAW RELATING TO REQUIRING MAINTAINED RECORDS FOR
CERTAIN CHILDREN TO INCLUDE WHETHER THEY HAVE A DEVELOPMENTAL
DISABILITY; AND CONDUCTING A STUDY ON THE NUMBER OF CHILDREN IN FOSTER
CARE WHO HAVE A DEVELOPMENTAL DISABILITY, AS PROPOSED IN LEGISLATIVE
BILLS NUMBERS S. 8679-A AND A. 8846-A, IN RELATION TO THE
EFFECTIVENESS THEREOF.
ACTING SPEAKER HUNTER: READ THE LAST
SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER HUNTER: THE CLERK WILL
15
NYS ASSEMBLY JANUARY 22, 2025
RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MADAM
SPEAKER. WOULD YOU PLEASE CALL THE RULES COMMITTEE TO THE SPEAKER'S
CONFERENCE ROOM IMMEDIATELY? RULES TO THE SPEAKER'S CONFERENCE
ROOM.
ACTING SPEAKER HUNTER: THANK YOU, MRS.
PEOPLES-STOKES. IF YOU HEAR THE SOUND OF MY VOICE, RULES COMMITTEE,
SPEAKER'S CONFERENCE ROOM IMMEDIATELY, IMMEDIATELY; SPEAKER'S
CONFERENCE ROOM, RULES COMMITTEE.
THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A01019, RULES REPORT
NO. 27, SOLAGES. AN ACT TO AMEND THE PUBLIC HEALTH LAW, IN RELATION
TO DOULA ACCESS DURING EMERGENCY SITUATIONS.
ACTING SPEAKER HUNTER: READ THE LAST
SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER HUNTER: THE CLERK WILL
RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
16
NYS ASSEMBLY JANUARY 22, 2025
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A01021, RULES REPORT
NO. 28, MCDONALD. AN ACT TO AMEND THE SOCIAL SERVICES LAW, IN
RELATION TO WHEN SERVICES FOR TRAUMATIC BRAIN INJURIES GRANTED PURSUANT
TO A WAIVER BY THE FEDERAL SOCIAL SECURITY ACT SHALL BEGIN.
ACTING SPEAKER HUNTER: READ THE LAST
SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER HUNTER: THE CLERK WILL
RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A01025, RULES REPORT
NO. 29, SOLAGES. AN ACT TO AMEND THE PUBLIC HEALTH LAW, IN RELATION
TO REQUIRING THE COMMISSIONER OF HEALTH TO CONSULT WITH THE OFFICE OF
ADDICTION SERVICES AND SUPPORTS TO PUBLISH CERTAIN GUIDANCE ON
MATERNAL DEPRESSION SCREENINGS, AND TO AMEND A CHAPTER OF THE LAWS OF
2024 AMENDING THE PUBLIC HEALTH LAW RELATING TO MATERNAL DEPRESSION
SCREENINGS, AS PROPOSED IN LEGISLATIVE BILLS NUMBERS S. 2039-B AND A.
2870-B, IN RELATION TO THE EFFECTIVENESS THEREOF.
ACTING SPEAKER HUNTER: READ THE LAST
SECTION.
17
NYS ASSEMBLY JANUARY 22, 2025
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER HUNTER: THE CLERK WILL
RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MADAM SPEAKER,
COLLEAGUES HAVE ON THEIR DESKS AN A-CALENDAR. I WOULD NOW MOVE TO
ADVANCE THAT CALENDAR.
ACTING SPEAKER HUNTER: ON A MOTION BY
MRS. PEOPLES-STOKES, THE A-CALENDAR IS ADVANCED.
MRS. PEOPLES-STOKES: THANK YOU SO MUCH.
NOW WE'RE GOING TO IMMEDIATELY TAKE UP RULES REPORT NO. 60 BY MS.
ROSENTHAL, AND RULES REPORT NO. 61 BY MS. REYES; IN THAT ORDER,
MADAM SPEAKER.
ACTING SPEAKER HUNTER: PAGE 8, RULES
REPORT NO. 60, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A02141, RULES REPORT
NO. 60, ROSENTHAL, REYES, DINOWITZ, SIMON, CUNNINGHAM, TAPIA,
SHIMSKY, EPSTEIN, BICHOTTE HERMELYN, BURDICK, BRAUNSTEIN, LUCAS,
SEAWRIGHT, STIRPE, GLICK, KIM, DILAN, TAYLOR, SEPTIMO,
GONZÁLEZ-ROJAS, LEVENBERG, MITAYNES, RAMOS, OTIS. AN ACT TO AMEND
THE GENERAL BUSINESS LAW, IN RELATION TO PROVIDING FOR THE PROTECTION
18
NYS ASSEMBLY JANUARY 22, 2025
OF HEALTH INFORMATION.
ACTING SPEAKER HUNTER: ON A MOTION BY MS.
ROSENTHAL, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED.
AN EXPLANATION HAS BEEN REQUESTED.
MS. ROSENTHAL: THIS BILL PROVIDES
COMPREHENSIVE HEALTH DATA PRIVACY PROVISIONS FOR INDIVIDUALS
REGARDING THEIR REGULATED HEALTH DATA, AND PROVIDES FOR THE RIGHTS OF
CONSUMERS AND RESPONSIBILITIES OF PROCESSORS REGARDING REGULATED
HEALTH DATA.
ACTING SPEAKER HUNTER: MR. BLUMENCRANZ.
MR. BLUMENCRANZ: THANK YOU, MADAM
SPEAKER. WILL THE SPONSOR YIELD FOR SOME QUESTIONS?
ACTING SPEAKER HUNTER: WILL THE SPONSOR
YIELD?
THE SPONSOR YIELDS.
MR. BLUMENCRANZ: THANK YOU, MS. ROSENTHAL.
A FEW QUESTIONS FOR YOU. I THINK THAT DATA PRIVACY, ESPECIALLY WHEN IT
COMES TO HEALTH, IS REALLY IMPORTANT BUT I'D LOVE TO DISSECT SOME OF THE
COMPONENTS OF THE BILL. WHY DON'T WE START WITH THE DEFINITIONS HERE.
COULD YOU TELL ME WHAT YOU MEAN WHEN YOU DISCUSS "REGULATED HEALTH
INFORMATION?" CAN YOU PROVIDE SOME EXAMPLES OF REGULATED HEALTH
INFORMATION THAT YOU THINK WOULD BE COVERED UNDER THE BILL?
MS. ROSENTHAL: BY REGULATED ENTITY MEANS AN
ENTITY THAT CONTROLS THE PROCESSING OF REGULATED HEALTH INFORMATION OF
19
NYS ASSEMBLY JANUARY 22, 2025
AN INDIVIDUAL WHO IS A NEW YORK RESIDENT, CONTROLS THE PROCESSING OF
REGULATED HEALTH INFORMATION OF AN INDIVIDUAL WHO IS PHYSICALLY PRESENT
IN NEW YORK, WHILE THAT PERSON IS IN NEW YORK, OR IS LOCATED IN NEW
YORK AND CONTROLS THE PROCESSING OF REGULATED HEALTH INFORMATION.
MR. BLUMENCRANZ: OKAY. COULD YOU KIND OF
HONE IN ON THAT, THE REASONABLE LINKABLE, YOU DIDN'T DEFINE THAT WITHIN
THE BILL; CAN YOU TELL ME WHAT THAT MEANS HERE?
MS. ROSENTHAL: I'M SORRY, REPEAT THE LAST --
MR. BLUMENCRANZ: REASONABLY LINKABLE. CAN
YOU DESCRIBE WHAT THAT -- DEFINE THAT FOR ME HERE?
MS. ROSENTHAL: SURE.
(PAUSE)
MR. BLUMENCRANZ: YOU DON'T DEFINE IT WITHIN
THE TEXT, SO...
(PAUSE)
IF YOU DON'T --
MS. ROSENTHAL: NO, NO, NO, I'M JUST LOOKING FOR
MY PROPER PAGE. REASONABLY LINKABLE IS EXTRAPOLATING HEALTH
INFORMATION FROM NON-HEALTH INFORMATION BASICALLY, AND THAT'S BEEN
DONE FOR QUITE SOME TIME ALREADY. THAT'S WHAT THAT IS.
MR. BLUMENCRANZ: OKAY. SO WHAT DATA
ENUMERATED HERE AS SOME COMPONENTS, BUT WHAT DATA WOULD BE SUBJECT
TO THE PROTECTIONS? YOU SAY HERE LOCATION, PAYMENT INFORMATION.
WHAT OTHER HEALTH DATA DO YOU THINK WOULD BE REASONABLY INCLUDED
HERE?
20
NYS ASSEMBLY JANUARY 22, 2025
MS. ROSENTHAL: WELL, IF YOU HAVE A FITBIT THE
INFORMATION ON THAT IS ONE EXAMPLE.
MR. BLUMENCRANZ: OKAY. SO FITBIT
INFORMATION, APPLE WATCH, YOU ALSO WOULD SAY MAYBE SOMETHING LIKE
WEIGHT WATCHERS, CORRECT?
MS. ROSENTHAL: YEP.
MR. BLUMENCRANZ: OKAY. SO THEN LET'S TALK
ABOUT THOSE REGULATED ENTITIES, BECAUSE YOU DO DEFINE THAT IN THE BILL.
YOU TALK ABOUT THE CONTROLS HERE SO CAN YOU PROVIDE SOME OTHER
EXAMPLES, MAYBE NOT EXACTLY THE FITBITS, BUT OTHER HEALTH DATA BEING
COLLECTED THAT YOU THINK WOULD BE REGULATED UNDER THIS BILL.
MS. ROSENTHAL: IT COULD BE A PERIOD TRACKER, A
CVS HEALTH APP, YOU KNOW, SOMETHING THAT COUNTS HOW MANY STEPS
YOU TAKE.
MR. BLUMENCRANZ: SO I HAVE AN APP WITH NYU
HEALTH, RIGHT, THAT COLLECTS HEALTH DATA AND MAKES REFERENCES
SOMETIMES IF YOU HAVE AN APPOINTMENT --
MS. ROSENTHAL: YES.
MR. BLUMENCRANZ: -- IT COULD MAKE A REFERENCE
TO ANOTHER DOCTOR IN THERE.
MS. ROSENTHAL: YES.
MR. BLUMENCRANZ: NOW, YOU DEFINE "SELL" TO
MEAN MULTIPLE THINGS HERE, INCLUDING SHARING REGULATED HEALTH
INFORMATION FOR MONETARY OR OTHER VALUABLE CONSIDERATION. WOULD
NYU REFERRING ME TO ANOTHER DOCTOR WHERE THERE WOULD BE A PROFIT
21
NYS ASSEMBLY JANUARY 22, 2025
EXCHANGED WITHIN THE HEALTH CARE SYSTEM, WOULD THAT COUNT AS NYU
SELLING ITS DATA IF IT'S SHARING IT WITHIN ITS OWN ECOSYSTEM?
MS. ROSENTHAL: WELL, I HAVE THAT SAME NYU
HEALTH APP AND IT'S VERY GOOD. MOST OF WHAT'S ON THERE IS PROTECTED BY
HIPPA.
MR. BLUMENCRANZ: SOME OF IT'S NOT.
MS. ROSENTHAL: SOME OF IT'S NOT.
MR. BLUMENCRANZ: I MAY MAKE REFERENCE TO
NEEDING A NUTRITIONIST.
MS. ROSENTHAL: SO IT DEPENDS IF THAT'S COVERED
BY INSURANCE OR NOT.
MR. BLUMENCRANZ: SO IF IT'S NOT COVERED AND
THEY MAKE -- IT'S WELLNESS AND HEALTH CARE SO NOW THAT APP WOULD BE
REGULATED UNDER THIS PIECE OF LEGISLATION, CORRECT?
MS. ROSENTHAL: IT WOULD BE COVERED HERE.
MR. BLUMENCRANZ: AND YOU'D BE SUBJECT TO
SOME OF THE NEW REGULATIONS CREATED BY THIS?
MS. ROSENTHAL: YES.
MR. BLUMENCRANZ: NOW, ALSO ONE COMPONENT
THAT I WANT TO TALK ABOUT IS WITHIN REGULATED ENTITY, A REGULATED ENTITY
MEANS ANY ENTITY OR SERVICE PROVIDER DEPENDING UPON THE CONTEXT IN
WHICH REGULATED HEALTH INFORMATION IS PROCESSED. SO I ALSO AM A LIFE
INSURANCE BROKER. I COLLECT LOTS OF HEALTH DATA AS A BROKER. WILL
INSURANCE COMPANIES AND INSURANCE BROKERS BE REGULATED UNDER THIS
PIECE OF LEGISLATION, AS WELL, UNDER YOUR DEFINITION?
22
NYS ASSEMBLY JANUARY 22, 2025
MS. ROSENTHAL: IF -- IF THE INFORMATION THAT THEY
ARE PROCESSING OR YOU ARE PROCESSING IS COVERED BY HIPPA, THEN IT'S
NOT COVERED BY THIS BILL.
MR. BLUMENCRANZ: IT GOES ABOVE AND BEYOND
THAT. SO LET'S SAY HEALTH INSURERS PROCESS THAT INFORMATION, THEY'RE NOT
SELLING IT BUT THEY ARE PROCESSING IT AND IT'S NOT NECESSARILY A
COMPONENT THAT IS COVERED BY HIPPA, THEN THAT WOULD NOT BE REGULATED
UNDER THIS BILL?
MS. ROSENTHAL: IF -- IF THE INSURANCE COMPANY IS
COVERING SOMETHING, THEY WOULD BE ALLOWED TO PROCESS IT UNDER THIS
BILL BECAUSE THE PERSON IS REQUESTING THAT IT PROVIDE THAT SERVICE.
MR. BLUMENCRANZ: OKAY. WHAT ABOUT PAYMENT
INFORMATION AS FAR AS THE DEFINITION WITHIN THIS BILL?
MS. ROSENTHAL: I DON'T BELIEVE THAT'S COVERED.
MR. BLUMENCRANZ: I BELIEVE IT IS COVERED UNDER
THIS. OH, YEAH; PAYMENT INFORMATION IS COVERED AS A --
MS. ROSENTHAL: IF IT'S RELATED TO YOUR HEALTH
INFORMATION.
MR. BLUMENCRANZ: OKAY. THE REASON I ASK ALL
THESE QUESTIONS IS BECAUSE OF PROVISION ON PAGE 3, LINE 49, IT STARTS AT
THE REQUEST FOR AUTHORIZATION TO PROCESS AN INDIVIDUAL'S REGULATED
HEALTH INFORMATION SHALL BE MADE SEPARATELY FROM A TRANSACTION OR AS
PART OF THE TRANSACTION AND BE MADE 24 HOURS AFTER THE INDIVIDUAL
CREATES AN ACCOUNT OR FIRST USES THE REQUESTED PRODUCT OR SERVICE. CAN
YOU TALK ABOUT WHAT YOU MEAN BY THIS LINE? SO IF I DOWNLOAD
23
NYS ASSEMBLY JANUARY 22, 2025
BETTERHELP, WHICH IS AN APPLICATION THAT HELPS WITH MENTAL HEALTH
SERVICES, IF I DOWNLOAD THE APP, DO I HAVE A 24-HOUR WAITING PERIOD
BEFORE I CAN SEE A PROVIDER?
MS. ROSENTHAL: NO, YOU DON'T; NO, YOU DON'T. IF
YOU DOWNLOAD THE APP AND YOU REQUEST A SERVICE, YOU WILL GET THAT
IMMEDIATELY.
MR. BLUMENCRANZ: HOW IS THAT POSSIBLE WITH
THE LANGUAGE IN THE BILL? THEY -- IT -- BE MADE AT LEAST 24 HOURS AFTER
AN INDIVIDUAL CREATES AN ACCOUNT.
MS. ROSENTHAL: YES. SO WHEN YOU CREATE THE
ACCOUNT, YOU REQUEST SERVICE OR PRODUCT, YOU WILL GET THAT BECAUSE YOU
ARE SAYING, I WANT THIS NOW. THE 24-HOUR RULE PERTAINS TO THE PLATFORM
HAS TO WAIT 24 HOURS BEFORE OBTAINING CONSENT TO PROCESS OR SHARE THE
INFORMATION.
MR. BLUMENCRANZ: CAN YOU DEFINE "PROCESS"
FOR ME? I'M NOT GOING TO PROVIDE A SERVICE --
MS. ROSENTHAL: SHARED --
MR. BLUMENCRANZ: -- IF I DON'T GET PAYMENT,
RIGHT? SO I --
MS. ROSENTHAL: SORRY?
MR. BLUMENCRANZ: -- HAVE TO WAIT 24 HOURS --
MS. ROSENTHAL: SORRY?
MR. BLUMENCRANZ: I SAID I WOULDN'T PROVIDE
SERVICES WITHOUT BEING PAID, ESPECIALLY IF I HAVE TO WAIT AND IT'S MENTAL
HEALTH SERVICES. YOU'RE TELLING ME THAT THEY'RE NOT GOING TO WAIT 24
24
NYS ASSEMBLY JANUARY 22, 2025
HOURS TO PROVIDE SERVICES IF THEY CAN'T PROCESS?
MS. ROSENTHAL: NO, IF -- SO IF YOU'RE REQUESTING
SOMETHING AND YOU HAVE TO PAY FOR IT, THEN YOU PAY FOR IT.
MR. BLUMENCRANZ: SO AM I WAIVING --
MS. ROSENTHAL: THE 24 HOURS IS AFTER YOU GET
WHAT YOU ASKED FOR, YOU HAVE TO ASK FOR CONSENT TO PROCESS OR SHARE
YOUR INFORMATION. I MEAN, PROCESSING -- PROCESSING IT AT THE MOMENT
WHEN YOU ASK FOR IT, IT'S SOMETHING DIFFERENT.
MR. BLUMENCRANZ: SO FOR LEGISLATIVE INTENT, I
CAN DOWNLOAD ANY TELEHEALTH APPLICATION.
MS. ROSENTHAL: YES.
MR. BLUMENCRANZ: AND I CAN USE IT
IMMEDIATELY.
MS. ROSENTHAL: YES.
MR. BLUMENCRANZ: AND I WOULD NOT BE IN
VIOLATION OF THIS PIECE OF LEGISLATION AS IT'S WRITTEN.
MS. ROSENTHAL: CORRECT.
MR. BLUMENCRANZ: IT IS YOUR INTENTION THAT
THAT'S THE CASE.
MS. ROSENTHAL: BECAUSE YOU -- YOU REQUESTED IT,
LIKE, YOU ARE GIVING YOUR CONSENT TO GET THE NECESSARY INFORMATION IN
ORDER TO ACCESS WHAT THE APP OFFERS.
MR. BLUMENCRANZ: IT'S REALLY IMPORTANT TO HONE
IN ON THIS BECAUSE IF I ACCESS AN APPLICATION AND IMMEDIATELY WANT
SERVICES, YOUR BILL SAYS THAT IT MUST BE MADE AT LEAST 24 HOURS AFTER THE
25
NYS ASSEMBLY JANUARY 22, 2025
INDIVIDUAL CREATES THE ACCOUNT, OR FIRST USES THE REQUESTED PRODUCT OR
SERVICE -- OH, SORRY; YES.
MS. ROSENTHAL: IF THE INFORMATION NEEDED TO
PROCESS WHAT YOU ARE ASKING FOR, THEN THAT'S ALLOWED, BUT IF IT'S FOR
ANOTHER PURPOSE IN 24 HOURS, THEN YOU HAVE TO ASK. LIKE, TARGETED ASK
LIKE, DO YOU WANT TO RECEIVE ADS FOR THIS, YOU CAN SAY YES OR NO; THAT'S
ONE EXAMPLE.
MR. BLUMENCRANZ: BUT WHEN THE -- IT'S
FUNDAMENTAL FOR A LOT OF THESE APPLICATIONS IN ORDER TO PERFORM,
ESPECIALLY SERVICES AT A LESSER RATE THAN A TRADITIONAL SERVICE, PART OF
THAT DATA COLLECTION IS AN ASSET THEY MAY NOT PERFORM SERVICES WITHOUT
THE PERMISSION TO AGREE TO THEIR TERMS AND SERVICES; DO YOU FIND THAT
THAT WILL BE A CONFLICT HERE?
MS. ROSENTHAL: I DON'T -- I DON'T THINK THAT'S --
MR. BLUMENCRANZ: THEY'LL HAVE TO BE
COMPLAINT WITH THIS PIECE OF LEGISLATION WHICH WILL TAKE 24 HOURS IN
ORDER TO COMPLY. YOU'RE TELLING ME THAT SOMEONE WILL SIGN ON AND THEN
ANY USE OF INFORMATION AFTER THAT, THEY HAVE TO THEN GO BACK ON THE APP
AND AGREE TO THE TERMS AND SERVICES LATER? THAT DOESN'T MAKE ANY
SENSE.
MS. ROSENTHAL: THERE'S INFORMATION THAT'S
STRICTLY NECESSARY TO PROCESS AND TO SERVE YOU WHAT YOU'VE ASKED FOR.
MR. BLUMENCRANZ: DO YOU DEFINE THAT HERE IN
THE BILL?
MS. ROSENTHAL: THE 24 HOURS DOES NOT PERTAIN TO
26
NYS ASSEMBLY JANUARY 22, 2025
THAT.
MR. BLUMENCRANZ: SPECIFICALLY NECESSARY
INFORMATION.
MS. ROSENTHAL: YES --
MR. BLUMENCRANZ: CAN YOU --
MS. ROSENTHAL: -- TO PROCESS YOUR REQUEST.
MR. BLUMENCRANZ: CAN YOU SHOW WHERE THAT
SITS IN THE BILL?
MS. ROSENTHAL: PAGE 3, LINE -- LINE 30 AND 31:
PROCESSING OF AN INDIVIDUAL'S REGULATED HEALTH INFORMATION IS STRICTLY
NECESSARY FOR THE PURPOSE OF PROVIDING OR MAINTAINING SPECIFIC
PRODUCT OR SERVICE REQUESTED BY SUCH INDIVIDUAL. SO IF YOU'RE ASKING
FOR IT AND THERE'S INFORMATION THAT THEY NEED TO PROCESS YOUR REQUEST,
THEN THAT'S WHAT HAPPENS.
MR. BLUMENCRANZ: SO ANY APPLICATION CAN
MAKE THE ARGUMENT THAT DATA IS NECESSARY BASED OFF THEIR OWN
APPLICATION OF IT, CORRECT?
MS. ROSENTHAL: THE COMPANY MAKES THE
DETERMINATION OF A POINT WHERE YOU'RE ASKING. ANY QUESTIONS AFTER THAT
THAT ARE NOT CLEAR, ALTHOUGH THEY'RE CLEAR TO ME, THE AG WOULD -- WOULD
PROMULGATE RULES AND REGS.
MR. BLUMENCRANZ: SO THE AG IS GOING TO
DETERMINE WHAT'S NECESSARY, NOT THE COMPANIES.
MS. ROSENTHAL: NO. THE COMPANY WILL
DETERMINE WHAT IS NECESSARY TO FULFILL YOUR REQUEST. THE AG WILL
27
NYS ASSEMBLY JANUARY 22, 2025
PROVIDE GUIDANCE; HOWEVER, IF YOU ARE SAYING TO THE APP, YOU KNOW, I
WANT A LOG WHEN I TOOK A DIET PILL, THEY WILL PROVIDE YOU THE FORMAT FOR
THAT. IN 24 HOURS, THEY HAVE TO ASK YOU, DO YOU WANT TARGETED ADS
ABOUT THESE DIET PILLS, AND THAT'S WHEN YOU CAN SAY YES OR NO.
MR. BLUMENCRANZ: SO YOU WOULD HAVE TO MAKE
SPECIFIC REQUESTS FOR THEM TO UTILIZE YOUR INFORMATION.
MS. ROSENTHAL: THEY HAVE TO ASK YOU.
MR. BLUMENCRANZ: OKAY. AND THEY CAN'T ASK
YOU BEFORE THE SERVICE.
MS. ROSENTHAL: THEY CANNOT ASK YOU UNTIL 24
HOURS AFTER YOU'VE DOWNLOADED THE APP AND REQUESTED WHAT YOU WANT.
MR. BLUMENCRANZ: OKAY. SO IF I DOWNLOAD THE
APP, I RECEIVE A TELEHEALTH APPOINTMENT AND THEN FOR MY FOLLOW-UP
APPOINTMENT THEY CAN ASK ME ANY TIME AFTER THAT 24-HOUR PERIOD IF I
WANT THAT SECONDARY APPOINTMENT, I HAVE TO AGREE TO THEIR TERMS AND
SERVICES, INCLUDING BUT NOT LIMITED TO THESE APPLICATIONS.
MS. ROSENTHAL: A SECONDARY APPOINTMENT IS
STRICTLY NECESSARY INFORMATION.
MR. BLUMENCRANZ: BUT THE APP MAY
COMMUNICATE TO ME THAT I MUST AGREE TO THEIR TERMS AND SERVICES IN
ORDER TO RECEIVE THEIR SERVICES, AND THAT WOULD INCLUDE --
MS. ROSENTHAL: WAIT, SAY -- SAY IT LOUDER.
MR. BLUMENCRANZ: AN APPLICATION, AFTER YOU
USE IT AND THEY -- YOU HAVE NOT AGREED TO THEIR TERMS AND SERVICES QUITE
YET AS TO WHAT'S NECESSARY OR NOT NECESSARY.
28
NYS ASSEMBLY JANUARY 22, 2025
MS. ROSENTHAL: WELL, YOU EITHER AGREE OR YOU
DON'T AGREE.
MR. BLUMENCRANZ: EXACTLY, BUT I'M SAYING IF I
ASK FOR -- I NEED A FOLLOW-UP FOR THAT APPOINTMENT, BUT THEY MAY ASK
ME TO AGREE TO TERMS AND SERVICES IN ORDER TO HAVE MY FOLLOW-UP
APPOINTMENT AND UTILIZE THE APPLICATION AGAIN. SO YOU'RE TELLING ME
THAT IF -- INCLUDED IN THOSE TERMS AND SERVICES ARE NON-NECESSARY, AS
YOU'RE PUTTING IT, APPLICATIONS, THEN THEY WOULD NOT BE ABLE TO RECEIVE
THOSE SERVICES?
MS. ROSENTHAL: WELL, IF YOU ARE ASKING FOR
ANOTHER APPOINTMENT, THEN THEY HAVE NECESSARY INFORMATION THEY NEED
TO GET. AND A LOT OF TELEHEALTH IS COVERED BY HIPPA SO THIS BILL'S RULES
WOULD NOT APPLY.
MR. BLUMENCRANZ: NOT ALL OF THEM, ESPECIALLY
WHEN IT COMES TO TELEHEALTH.
MS. ROSENTHAL: I SAID -- I DIDN'T SAY ALL, I SAID A
LOT.
MR. BLUMENCRANZ: YEAH, NO, LET ME FINISH MY
POINT, ESPECIALLY WHEN IT COMES TO SOME REPRODUCTIVE CARE AS WELL AS
WEIGHT LOSS CARE IS NOT COVERED AND IS SIGNIFICANTLY GOING TO BE
IMPACTED BY THIS LEGISLATION. BUT WILL THE RULES BE PROMULGATED BY THE
AG, AND WILL THEY BE SUBJECT TO LEGISLATIVE APPROVAL?
MS. ROSENTHAL: NO. THE AG IS GRANTED
AUTHORITY HEREIN TO PROMULGATE THE RULES.
MR. BLUMENCRANZ: SO THE ATTORNEY GENERAL
29
NYS ASSEMBLY JANUARY 22, 2025
WILL BE LEGISLATING IN THE ABSENCE OF CLARITY FROM YOUR BILL.
MS. ROSENTHAL: YOU KNOW THAT THE AG MAKES
RULES ON ANY NUMBER OF THE MEASURES THAT WE PASS.
MR. BLUMENCRANZ: CAN I ASK WHY YOU DIDN'T
PROVIDE THE CLARITY OF THE APPLICATIONS HERE AND WOULD PASS THAT ON TO
THE AG'S OFFICE TO DO?
MS. ROSENTHAL: BECAUSE WE WANTED THE AG TO
DETERMINE AND, IN FACT, WHEN THE AG DETERMINES, THEY GET INPUT FROM
ALL SIDES OF THIS ISSUE.
MR. BLUMENCRANZ: SO HEALTH EXPERTS WHO ARE
THERE TO DETERMINE WHAT'S NECESSARY AND (INAUDIBLE).
MS. ROSENTHAL: THE AG WILL SPEAK TO ALL
STAKEHOLDERS, SO THAT WOULD INCLUDE SOMEONE FOR, SOMEONE AGAINST, IN
ORDER TO SET UP FAIR RULES AND REGULATIONS.
MR. BLUMENCRANZ: OKAY. AND JUST TO CLARIFY,
FOR THIS INDIVIDUAL THIS WOULD MEAN ANY INDIVIDUAL WITHIN THE
APPLICATION OF THIS BILL WHO IS A NEW YORKER OUTSIDE OF NEW YORK,
ANYWHERE IN THE COUNTRY, AS WELL AS ANY NON-NEW YORKER WHO IS
WITHIN THE STATE OF NEW YORK.
MS. ROSENTHAL: THE BILL PROTECTS NEW YORKERS
WITHIN THE JURISDICTIONAL AND CONSTITUTIONAL LIMITS OF NEW YORK, AND
THAT MAKES SENSE. IT'S LIKE IN CRYPTOCURRENCY, YOU KNOW, TRAVELS WITH
YOU TO ANOTHER STATE THOSE RULES. NEW YORKERS DON'T EXPECT THEIR
PROTECTIONS TO CHANGE IF THEY LEAVE BRIEFLY, AND IT MIRRORS WHAT'S IN THE
CRYPTOCURRENCY LAWS -- REGULATIONS.
30
NYS ASSEMBLY JANUARY 22, 2025
MR. BLUMENCRANZ: YOU DON'T THINK THAT THERE
ARE -- I MEAN, I'M ASSUMING YOU DON'T, BUT IT SEEMS TO ME THAT IF STATES
START TO CHANGE THE RULES AND REGULATIONS OF HOW NEW YORKERS GET TO
USE THEIR APPLICATIONS VERSE NON-NEW YORKERS, HOW ARE YOU GOING TO
DETERMINE HOW THEY'RE UTILIZING THESE BEST PRACTICES THAT YOU'RE
CREATING IN OTHER STATES? IS THAT NOT AN INTERSTATE COMMERCE ISSUE THAT
YOU'RE THEN CREATING UNDER THE VAGUENESS OF THE DEFINITION OF AN
INDIVIDUAL?
MS. ROSENTHAL: YOU KNOW, IF IT COMES DOWN TO
QUESTION OF IF IT'S -- IF YOU'RE PROTECTED OUTSIDE NEW YORK STATE, THE
AG WILL DECIDE.
MR. BLUMENCRANZ: SORRY, IT'S JUST VERY LOUD; I
CAN'T HEAR YOU.
MS. ROSENTHAL: IT IS LOUD IN HERE.
SO WHAT MY ANSWER WAS, IF IT COMES DOWN TO THAT
KIND OF ISSUE WHERE WE -- WE'D HAVE THE AG FIGURE IT OUT.
MR. BLUMENCRANZ: SO SHE'LL DETERMINE WHETHER
THIS BILL IS UNCONSTITUTIONAL OR NOT.
MS. ROSENTHAL: NO, WE'RE NOT TALKING ABOUT THE
BILL, WE'RE TALKING ABOUT IF NEW YORKERS ARE COVERED IF THEY, SAY, GO TO
VISIT THEIR FRIEND IN NEW JERSEY, FOR EXAMPLE.
MR. BLUMENCRANZ: OR BUY AN APPLE WATCH OR
UTILIZE THEIR WEIGHT WATCHERS APPLICATION IN TEXAS --
MS. ROSENTHAL: YEAH.
MR. BLUMENCRANZ: BUT NOW NEW YORK LAW
31
NYS ASSEMBLY JANUARY 22, 2025
WOULD CHANGE THAT PROCESS FOR THEM IN TEXAS.
MS. ROSENTHAL: IT'S LIKE -- IT'S LIKE
CRYPTOCURRENCY LAWS.
MR. BLUMENCRANZ: I'M SORRY, WHAT ABOUT
CRYPTOCURRENCY? WHAT DID YOU SAY?
MS. ROSENTHAL: CRYPTOCURRENCY LAWS REFLECT THE
SAME RULES.
MR. BLUMENCRANZ: OKAY. SO YOU TALK ABOUT
THE CIVIL PENALTY FOR VIOLATION HERE, JUST TO GO OVER THAT. SO IT'S $15,000
PER VIOLATION OF THE HEALTH INFORMATION --
MS. ROSENTHAL: YES.
MR. BLUMENCRANZ: -- OR 20 PERCENT OF THE
REVENUE OBTAINED FROM NEW YORK CUSTOMERS --
MS. ROSENTHAL: YES.
MR. BLUMENCRANZ: -- WITHIN THE PAST FISCAL
YEAR.
MS. ROSENTHAL: CORRECT.
MR. BLUMENCRANZ: HOW DID YOU COME UPON
$15,000?
MS. ROSENTHAL: A LOT OF COMPARABLE VIOLATIONS
IN GENERAL BUSINESS LAW LEVY SAME PENALTIES.
MR. BLUMENCRANZ: AND HOW ABOUT THE 20
PERCENT OF REVENUE OBTAINED FROM NEW YORKERS, AND HOW ARE WE
DETERMINING WHAT REVENUE IS DERIVED FROM NEW YORK RESIDENTS, NEW
YORK RESIDENTS ABROAD, OR IT'S --
32
NYS ASSEMBLY JANUARY 22, 2025
MS. ROSENTHAL: ONCE AGAIN, THE AG WILL
DETERMINE.
MR. BLUMENCRANZ: OKAY, SO SHE'S -- SHE'LL
LEGISLATE THAT FOR US, TOO.
MS. ROSENTHAL: WELL, SHE'S NOT LEGISLATING, SHE'S
SETTING --
MR. BLUMENCRANZ: PROMULGATING RULES BECAUSE
THEY'RE NOT ENUMERATED IN THE BILL.
MS. ROSENTHAL: THIS IS A STANDARD PRACTICE, I'M
SURE YOU KNOW THAT.
MR. BLUMENCRANZ: YEAH. SO HOW DID YOU
ARRIVE AT THE ONE PERIOD FOR THE AUTHORIZATION? SO YEARLY RE-UP I HAVE
TO GO BACK IN AND BE REAUTHORIZED TO PROVIDE MY INFORMATION ON THE
APPLICATION.
MS. ROSENTHAL: YOU KNOW, ONE YEAR SEEMS LIKE
A GOOD AMOUNT OF TIME TO ASK AGAIN.
MR. BLUMENCRANZ: OKAY. NOW, WHAT DO THESE
SERVICES LOOKS LIKE WITHIN THE APPLICATIONS OF ATHLETIC DEVICES? SO I
HAVE A PELOTON AT HOME. THE PELOTON COLLECTS HEALTH DATA THAT I
PERSONALLY HAVE TO SAY, SADLY, I HAVE NOT READ WHAT THE TERMS AND
SERVICES OF MY PELOTON LOOK LIKE TO KNOW IF THEY'RE SELLING THAT
INFORMATION, BUT GIVEN THE MARKETPLACE THERE MAY OR MAY NOT BE AN
EXCHANGE OF INFORMATION SOMEWHERE. HOW WILL THAT BE AFFECTED WITH
THE 24-HOUR WAITING PERIOD FOR SERVICES? I -- IS IT WHEN I CREATED A
PELOTON APP, IS IT WHEN I CREATED THE ACCOUNT HERE?
33
NYS ASSEMBLY JANUARY 22, 2025
MS. ROSENTHAL: NO. WHEN YOU SET UP YOUR
PELOTON ACCOUNT, YOU'RE EXPECTING CERTAIN SERVICES. YOU COULD PUT IN
HOW FAST YOU PEDAL, ET CETERA. YOU'RE ASKING FOR THAT SO YOU CAN DO
THAT RIGHT AWAY.
MR. BLUMENCRANZ: BUT IT WOULD BE COVERED
HEALTH DATA UNDER THIS PIECE OF LEGISLATION.
MS. ROSENTHAL: FOR TARGETED ADVERTISING, YES.
MR. BLUMENCRANZ: THIS DOESN'T JUST COVER
TARGETED ADVERTISING.
MS. ROSENTHAL: THAT'S JUST AN EXAMPLE.
MR. BLUMENCRANZ: BUT OTHER EXAMPLES MAY
NOT BE NOT NECESSARILY A NECESSITY TO UTILIZE IN THE APP AND PEDALING MY
FEET --
MS. ROSENTHAL: WELL, IF IT'S NOT --
MR. BLUMENCRANZ: -- BUT IT COULD BE THAT THEIR
BUSINESSES PRACTICES, WHICH THEY --
MS. ROSENTHAL: WELL --
MR. BLUMENCRANZ: -- PLACED WITHIN THE USAGE
OF THE APP TERMS AND SERVICES BEFORE I CAN START RIDING.
MS. ROSENTHAL: WELL, RIGHT NOW PELOTON
PROBABLY DOES COLLECT AND SELL YOUR INFORMATION. ONCE THIS PASSES,
THEY WOULD HAVE TO ASK YOU 24 HOURS AFTER YOU INITIATED INTERACTION
WITH THE APP.
MR. BLUMENCRANZ: SO YOU'RE TELLING ME AFTER
THE PASSAGE OF THIS LEGISLATION MILLIONS OF NEW YORKERS WILL HAVE A
34
NYS ASSEMBLY JANUARY 22, 2025
SITUATION WHERE THEY MAY HAVE THEIR FITBIT, THEIR APPLE ID ACCOUNT,
THEIR HEALTH INFORMATION THROUGH THEIR PELOTON, THEIR ACCOUNTS
CANCELLED EVEN THOUGH THEY DON'T UNDERSTAND THE -- WELL, BECAUSE THE
COMPANIES MAY NOT BE WILLING TO ABIDE BY THE REGULATION AS IT STANDS
AND THEY COULD SAY THAT WE'RE NO LONGER GOING TO WORK WITH NEW
YORKERS WHO DON'T ACCEPT OUR TERMS AND REGS AS WE MOVE FORWARD.
MS. ROSENTHAL: I DOUBT THAT THE COMPANIES WANT
TO LOSE YOUR BUSINESS, AND THEY HAVE COMPLIED WITH SIMILAR RULES IN
OTHER STATES.
MR. BLUMENCRANZ: THE SAME COMPLIANCE GOES
FOR LIFE INSURERS WHO COLLECT HEALTH INFORMATION AND WILL BE SUBJECT TO;
IS THAT CORRECT?
MS. ROSENTHAL: IF IT'S NOT COVERED RIGHT NOW,
YES.
MR. BLUMENCRANZ: AND YOU NULLIFY THE
CONTRACTS THEY CURRENTLY HAVE IF THEY'RE NOT IN COMPLIANCE WITH THIS?
MS. ROSENTHAL: NO, NO.
MR. BLUMENCRANZ: LET ME READ WHAT YOU HAVE
HERE. CONTRACTS AND WAIVERS VOID AND UNENFORCEABLE ANY CONTRACT,
RULE, PROVISION INCONSISTENT WITH THIS ARTICLE SHALL BE VOID AND
UNENFORCEABLE (INAUDIBLE) WITH THE INDIVIDUAL OF THIS PROVISION OF THE
ARTICLE SHALL BE VOID AND UNENFORCEABLE. SO YOU'RE TELLING ME IF
SOMEONE AFTER THE PASSAGE OF THIS APPLICATION DECIDES NOT TO ACCEPT THE
TERMS AND SERVICES, THEY COULD HAVE AN ISSUE WITH MULTIPLE OF THEIR
HEALTH SERVICE ACCOUNTS MOVING INTO THE FUTURE.
35
NYS ASSEMBLY JANUARY 22, 2025
MS. ROSENTHAL: IT'S NOT ACCEPTING TERMS AND
SERVICES.
MR. BLUMENCRANZ: WELL, THE --
MS. ROSENTHAL: IT'S ASKING FOR FUTURE USE --
MR. BLUMENCRANZ: -- ACCEPTANCE OF THE USAGE OF
THEIR INFORMATION IN THE FUTURE, WHICH WILL BE PLACED IN THE TERMS AND
SERVICES. THEY'RE NOT GOING TO GET A PHONE CALL AND THEY'RE GOING TO
EITHER PROCEED OR NOT PROCEED WITH THE USAGE OF THEIR APPLICATION,
WHICH COULD, INVARIABLY, LEAD TO SITUATIONS IN WHICH ANYTHING FROM NOT
ACCEPTING THE TERMS AND SERVICES VOIDING, YOU'VE ALREADY VOIDED THE
CONTRACT WITH THE LANGUAGE OF THE BILL IF THEY CHOOSE NOT TO ACCEPT.
MS. ROSENTHAL: IF YOU -- YOU WILLINGLY ENGAGE
WITH THAT SERVICE, RIGHT?
MR. BLUMENCRANZ: YES. AND I SIGNED TERMS
AND SERVICES THAT --
MS. ROSENTHAL: OKAY.
MR. BLUMENCRANZ: -- UNFORTUNATELY A LOT OF
PEOPLE DON'T READ EVERY SINGLE DAY. AND IF THE LANGUAGE WITHIN THIS
BILL IS INCLUDED IN THAT AND THEY REJECT IT AND NOW THEY'D BE IN
VIOLATION --
MS. ROSENTHAL: NO, NO; THAT'S SEPARATE FROM THE
CONSENT TO USE YOUR INFORMATION FOR OTHER PURPOSES.
MR. BLUMENCRANZ: OKAY, SO YOU'RE TELLING ME
I'LL BE SIGNING A CONSENT FORM IN WHAT CAPACITY? THE APPLICATIONS WILL
DECIDE IN WHAT CAPACITY I WILL BE SIGNING THAT CONSENT. WILL IT JUST
36
NYS ASSEMBLY JANUARY 22, 2025
APPEAR IN MY NEXT TERMS AND SERVICES WHEN MY CONTRACT --
MS. ROSENTHAL: THE COMPANY CAN DECIDE, WILL
DECIDE HOW IT WANTS TO PROCEED, AND THE AG WILL MAKE A
DETERMINATION.
MR. BLUMENCRANZ: AND YOU UNDERSTAND HOW
THE VAGUE LANGUAGE OF THIS BILL COULD LEAD TO SITUATIONS IN WHICH THIS
WILL BE EMBEDDED WITHIN THE TERMS AND SERVICES, AND CONTRACTS AND
SERVICES WILL BE VOIDED WITHOUT THE ACCEPTANCE OF THE TERMS AND
SERVICES AS THEY STAND.
MS. ROSENTHAL: YOU KNOW, THE ATTORNEY
GENERAL WILL PROMULGATE RULES AND REGULATIONS ABOUT SITUATIONS LIKE THE
ONE YOU DESCRIBE.
MR. BLUMENCRANZ: SO AFTER THERE'S MASS
CONFUSION IN NEW YORK STATE ABOUT WHY --
MS. ROSENTHAL: WELL, I DOUBT THERE'LL --
MR. BLUMENCRANZ: -- THEY'RE NO LONGER
RECEIVING THEIR --
MS. ROSENTHAL: NO, ACTUALLY --
MR. BLUMENCRANZ: -- BIRTH CONTROL FROM THEIR
TELEHEALTH PROVIDER.
MS. ROSENTHAL: NO, THAT'S NOT GOING TO HAPPEN
AND THE BILL WILL GO INTO EFFECT AFTER THE AG PROMULGATES THESE RULES
AND REGS.
MR. BLUMENCRANZ: I BELIEVE THAT THERE IS A
TIMELINE IN THIS BILL, NO? SO IS IT -- NO, YOU'RE CORRECT. NOW, I BRING UP
37
NYS ASSEMBLY JANUARY 22, 2025
THESE QUESTIONS AND HESITATIONS ABOUT HOW THIS WILL BE PROMULGATED
BECAUSE WE DO HAVE APPLICATIONS OF HOW THESE PRIVACY ISSUES HAVE
CREATED DISASTROUS INTENTIONS FOR BOTH STAKEHOLDERS AS WELL AS
INDIVIDUALS IN THE STATE. WE CAN LOOK AT ILLINOIS AS AN EXAMPLE WITH
THEIR -- THEIR BIODATA PRIVACY ACT THAT WAS ENACTED A COUPLE OF YEARS AGO
AND THE STATE FINALLY HAD TO THROW UP THEIR HANDS AND CHANGE AND
REMOVE THE VAGUE LANGUAGE BECAUSE IT BECAME FODDER FOR LAWYERS
AROUND THE STATE TO CREATE CLASS ACTIONS THAT CRIPPLED THE COMPANIES
AND REMOVE SERVICES FOR INDIVIDUALS IN ILLINOIS. DO YOU BELIEVE THAT
THE SAME VAGUE LANGUAGE THAT WE USE HERE THAT THEY USED THERE WILL
CREATE THE SAME DETRIMENTAL OUTCOME FOR USERS IN NEW YORK STATE?
MS. ROSENTHAL: THERE'S NO PRIVATE RIGHT OF
ACTION IN THIS BILL.
MR. BLUMENCRANZ: THAT DOESN'T MEAN THAT --
THAT THERE WILL NOT BE THE ABILITY OF INDIVIDUALS TO MAKE A CASE AND LOSE
20 PERCENT OF THEIR REVENUE FOR VIOLATIONS WITH THE ATTORNEY GENERAL.
THAT'S WAY WORSE FOR THOSE COMPANIES THAN --
MS. ROSENTHAL: BUT THAT -- WE'RE TALKING ABOUT A
PRIVATE RIGHT OF ACTION DOES NOT EXIST HERE --
MR. BLUMENCRANZ: AND I THINK YOU AND I BOTH
KNOW EVEN THOUGH IT'S NOT EXPLICITLY --
MS. ROSENTHAL: -- SO THE AG --
MR. BLUMENCRANZ: -- WRITTEN HERE DOESN'T MEAN
IT WON'T TAKE ACTION FOR VIOLATING STATE LAW.
MS. ROSENTHAL: NO, NO. IF IT'S NOT EXPLICITLY
38
NYS ASSEMBLY JANUARY 22, 2025
WRITTEN THEN IT DOESN'T EXIST. ONLY THE AG CAN DO THAT.
MR. BLUMENCRANZ: BUT THE AG CAN THEN TAKE
20 PERCENT OF THEIR REVENUE FROM THE COMPANY IF THEY FIND THAT
VIOLATIONS, WHICH THEY FOUND THEY WERE EVERYWHERE BECAUSE IT WAS SO
VAGUELY WRITTEN THAT ANYONE CAN JUSTIFY AND THE JUDGES CONTINUOUSLY
MOVE THE NEEDLE ON THEM THROUGH THE VAGUE LANGUAGE BEING SO
CONFUSING FOR THE COMPANIES AND THE CONSUMERS THAT IT LED TO DISASTER.
AND I THINK THAT THEY WOULDN'T BE WILLING TO MAKE PROFITS IN NEW YORK
STATE IF THEY CAN'T MOVE THE NEEDLE THE SAME WAY THEY COULD IN ILLINOIS.
MS. ROSENTHAL: WELL, YOU'RE PROJECTING AN
ILLINOIS PROBLEM ONTO NEW YORK.
MR. BLUMENCRANZ: WELL, THE LANGUAGE IS SO
SIMILAR IT INDICATES WHEN IT COMES TO THE DEFINITIONS THAT YOU CAN JUST
USE IT AS A LOOKING GLASS.
MS. ROSENTHAL: WELL, IT'S NOT THE SAME AND IT'S A
DIFFERENT STATE, IT'S A DIFFERENT STATE. WE DON'T HAVE A PRIVATE RIGHT OF
ACTION SO THE AG IN NEW YORK STATE WILL DEAL WITH THIS. I WOULD
RATHER IT HAD A PRIVATE OF RIGHT OF ACTION, BUT IT DOESN'T.
MR. BLUMENCRANZ: SO WHILE THE AG'S
PROMULGATING THE RULES, WHAT WILL COME FIRST? WILL THE BILL GO INTO
EFFECT AND THEN THE RULES WILL COME AS DISASTERS SHOW UP, OR WILL THEY
BE CREATING ALL THE RULES AND THEN WE'LL SEE CLARITY AND THEN THE
IMPLEMENTATION WILL HAPPEN. WHAT'S THE TIMELINE LOOK LIKE?
MS. ROSENTHAL: NO. THE RULES WILL COME FIRST.
MR. BLUMENCRANZ: THE RULES WILL COME FIRST.
39
NYS ASSEMBLY JANUARY 22, 2025
SO IF THERE IS VAGUE UNINTENTIONAL CONSEQUENCES WITH NO SETTLEMENT ON
HOW THAT RULE WAS SUPPOSED TO BE INTERPRETED, THERE WILL BE NO PENALTY
UNTIL IT'S INTERPRETED BY THE AG HOW IT WAS SUPPOSED TO BE
IMPLEMENTED?
MS. ROSENTHAL: I WOULD EXPECT THAT COMPANIES
WILL FOLLOW THE LAW.
MR. BLUMENCRANZ: IT'D BE SO EASY IF IT WAS
WRITTEN CLEARLY HERE.
MS. ROSENTHAL: WELL, IT'S CLEAR TO ME.
MR. BLUMENCRANZ: OH, WELL, IT DOESN'T SEEM TO
BE TO STAKEHOLDERS, EXPERTS, AND INDUSTRY PROFESSIONALS WHO SEEM TO
THINK THAT IT IS EXTREMELY POORLY-WORDED IN THE SENSE THAT NONE OF THEM
AGREE ON WHAT YOUR INTERPRETATIONS MEAN. BUT I'M GLAD THAT YOU FIND
THAT IT'S SO CRYSTAL CLEAR. UNFORTUNATELY, I DON'T THINK NEW YORKERS WILL
BE ABLE TO FEEL THAT BENEFIT, TOO. BUT WHAT -- WHY RUSH WITH SO LITTLE
CLARITY? WOULD YOU BE WILLING TO WORK WITH STAKEHOLDERS IN FINDING
CRYSTAL CLEAR LANGUAGE THAT WON'T BE LITIGATED FOR DECADES?
MS. ROSENTHAL: NO, I'VE HAD -- I'VE HAD -- A,
YOU'RE PROJECTING THINGS THAT MAY NOT HAPPEN. B, I'VE HAD MANY
MEETINGS WITH STAKEHOLDERS. THIS IS NOT THE FIRST TIME THIS BILL APPEARS,
IT WAS ON THE FLOOR LAST YEAR. AND WE'VE DECIDED THAT IT'S RIGHT THE WAY
IT IS.
MR. BLUMENCRANZ: WELL, IT SEEMS LIKE YOU
HAVE A VERY NARROW SCOPE IN WHO YOU THINK THIS AFFECTS AND HOW IT
AFFECTS THEM, BUT WITH --
40
NYS ASSEMBLY JANUARY 22, 2025
MS. ROSENTHAL: MY -- MY BILL IS TO PROTECT
CONSUMER'S PRIVATE HEALTH DATA.
MR. BLUMENCRANZ: YEAH, BUT IT MIGHT COME AT
A MASSIVE COST TO THEM SO I WAS JUST CURIOUS WHY THE --
MS. ROSENTHAL: IT WON'T COME AT A MASSIVE COST.
MR. BLUMENCRANZ: -- WHY THE WIDE SCOPE ON
THE BILL? I MEAN, YOU WOULDN'T HAVE EVERYONE FROM -- FROM BANKS TO
CONSUMER GROUPS TO HEALTH ORGANIZATIONS OBJECTING TO THE ROLLOUT OF
THIS LEGISLATION IF IT WAS SO CRYSTAL CLEAR. YOU DON'T EVEN THINK THEY'RE
GOING TO BE AFFECTED BY THIS BILL.
MS. ROSENTHAL: YOU KNOW, COMPANIES ARE VERY
CREATIVE AND WE NEED TO SAFEGUARD THE CONFIDENTIAL PRIVATE HEALTH DATA
OF CONSUMERS, THAT IS PARAMOUNT, ESPECIALLY THESE DAYS. AND SO THAT'S
WHAT OUR CHARGE IS HERE AND THAT IS WHAT THIS BILL DOES.
MR. BLUMENCRANZ: SO YOU DON'T FIND THAT
HEALTH -- HEALTH DATA THAT IS PROTECTED BY HIPPA, IS PROPERLY PROTECTED
BY HIPPA, YOU FEEL LIKE WE NEED TO GO A STEP FURTHER.
MS. ROSENTHAL: THIS HAS NOTHING TO DO WITH
HIPPA. DO YOU UNDERSTAND WHAT HIPPA PROTECTS?
MR. BLUMENCRANZ: I DO, DO YOU? BECAUSE
HEALTH DATA AND INFORMATION THAT'S SHARED THROUGH AN APP WHERE HIPPA
INFORMATION IS ALREADY BEING --
MS. ROSENTHAL: YOU SEEM A LITTLE CONFUSED.
MR. BLUMENCRANZ: -- COLLECTED AND REGULATED.
ACTING SPEAKER HUNTER: COLLEAGUES, WE'RE
41
NYS ASSEMBLY JANUARY 22, 2025
ASKING QUESTIONS, WE'RE WAITING, THEN WE'RE ANSWERING. PLEASE STOP
TALKING OVER EACH OTHER. THANK YOU.
MR. BLUMENCRANZ: MY APOLOGIES. MY MAYBE
MISUNDERSTANDING COMES FROM THE FACT THAT MANY APPLICATIONS WHICH
ARE COLLECTING DATA THAT IS TANGENTIAL HEALTH DATA THAT IS NOT INVOLVED
WITH HIPPA, SAY RELATED TO SOME REPRODUCTIVE CARE OR SOME OF THESE
OVER-THE-COUNTER OPTIONS, WEIGHT LOSS DRUGS WHICH ARE THIS -- THESE
APPLICATIONS HAVE PROLIFERATED AND CREATED A HEALTH REVOLUTION IN OUR
COMMUNITIES WHERE THEY CAN HAVE ACCESS WHEN THEY PREVIOUSLY
COULDN'T, THAT INFORMATION ISN'T COVERED AND THIS BILL COULD HINDER THE
ACCESSIBILITY OF THAT; DO YOU NOT THINK SO?
MS. ROSENTHAL: WELL, THAT'S YOUR POINT, I DON'T
AGREE WITH YOU.
MR. BLUMENCRANZ: OKAY. THANK YOU, MADAM
SPEAKER.
ACTING SPEAKER HUNTER: THANK YOU, MR.
BLUMENCRANZ.
MR. GANDOLFO.
MR. GANDOLFO: THANK YOU, MADAM SPEAKER.
WOULD THE SPONSOR PLEASE CONTINUE TO YIELD?
ACTING SPEAKER HUNTER: WILL THE SPONSOR
YIELD?
MS. ROSENTHAL: YES.
ACTING SPEAKER HUNTER: SPONSOR YIELDS.
MR. GANDOLFO: THANK YOU. I HAVE A COUPLE OF
42
NYS ASSEMBLY JANUARY 22, 2025
MORE QUESTIONS ON THIS REALLY STEMMING FROM WHAT I FEEL ARE VAGUE
DEFINITIONS OF REGULATED HEALTH INFORMATION AND REGULATED ENTITIES. SO
WITH REGULATED HEALTH INFORMATION, WOULD THE SCOPE OF THAT GO TO
INCLUDE LET'S SAY YOU'RE GOING TO A HEALTH CARE FACILITY AND USING THEIR
PARKING GARAGE.
MS. ROSENTHAL: USING WHAT?
MR. GANDOLFO: LET'S SAY A PATIENT WAS GOING TO A
HEALTH CARE FACILITY AND USING THEIR PARKING GARAGE, WOULD THAT -- COULD
YOU REASONABLY DRAW AN INFERENCE ABOUT SOMEONE'S HEALTH IF THEY ARE
FREQUENTLY VISITING A CERTAIN FACILITY AND USING A PARKING GARAGE?
MS. ROSENTHAL: IF A CONSUMER IS GOING TO A
PARKING GARAGE THAT'S LET'S SAY NEXT TO A WEIGHT WATCHERS, YOU COULD
INFER THAT THEY ARE GOING TO THAT, AND THAT IS A HEALTH DATA.
MR. GANDOLFO: OKAY. SO THEN THE SAME WOULD
HOLD FOR THE CAFETERIA AT THE HOSPITAL, THE GIFT SHOP, SAME?
MS. ROSENTHAL: NO, I DON'T THINK SO.
MR. GANDOLFO: SO IF SOMEONE WAS GOING DOWN
AND PURCHASING ITEMS THERE IT'S LINKED TO THEM THROUGH THEIR CREDIT CARD
DATA, SOME ADVERTISING COMPANY CAN NOW LOOK AT THAT AND MAKE AN
INFERENCE THAT YOU'RE RECEIVING TREATMENT FOR SOMETHING JUST BASED
ON --
MS. ROSENTHAL: IF YOU CAN REASONABLY --
MR. GANDOLFO: OKAY.
MS. ROSENTHAL: -- INFER, THEN IT'S COVERED IN THIS
BILL.
43
NYS ASSEMBLY JANUARY 22, 2025
MR. GANDOLFO: SO THEN IF YOU -- UNDER THAT
STANDARD THAT IT FALLS UNDER THE REGULATED HEALTH INFORMATION, SO THEN
THAT FACILITY WOULD HAVE TO TAKE THE REASONABLE TECHNICAL SAFEGUARDS TO
PROTECT THAT DATA FROM BEING SHARED; IS THAT CORRECT?
MS. ROSENTHAL: YES.
MR. GANDOLFO: SO IN ORDER TO DO THAT, A HEALTH
CARE FACILITY WOULD I GUESS, PRESUMABLY, HAVE TO UPGRADE THEIR DATA
GOVERNANCE ON WHAT WAS PREVIOUSLY KIND OF MUNDANE DATA, THEY'D HAVE
TO MORE SAFEGUARD, YOU KNOW, THE PARKING GARAGE DATA, THE CAFETERIA,
THE GIFT SHOP.
MS. ROSENTHAL: WELL, I MEAN, I DON'T KNOW WHO
IS PROCESSING THAT DATA, BUT HEALTH CARE DATA IN THE HOSPITAL IS PROTECTED.
MR. GANDOLFO: OKAY, SO THAT WOULD ALL FALL
UNDER THE SAME DATA AS, YOU KNOW, SOME MORE SENSITIVE MEDICAL DATA
THAT MIGHT NOT BE COVERED BY HIPPA.
MS. ROSENTHAL: YES.
MR. GANDOLFO: OKAY. SO MY CONCERN WITH THAT
IS IT WOULD INCREASE THE COMPLIANCE COSTS FOR THESE HEALTH CARE
FACILITIES PRETTY SIGNIFICANTLY IN WAYS THAT THEY WOULD HAVE TO SAFEGUARD
THIS DATA IN WAYS THEY DIDN'T HAVE TO IN THE PAST. IS THERE ANY
ESTIMATION OF WHAT THIS WILL COST HOSPITALS AND HEALTH CARE FACILITIES TO
COMPLY?
MS. ROSENTHAL: I DON'T HAVE THAT ESTIMATE HERE,
BUT AS I SAID EARLIER ALL STAKEHOLDERS AFFECTED CAN HAVE CONVERSATIONS
WITH THE AG'S OFFICE WHEN IT COMES TIME TO PROMULGATE THE RULES AND
44
NYS ASSEMBLY JANUARY 22, 2025
REGS.
MR. GANDOLFO: OKAY, BUT THEN --
MS. ROSENTHAL: HOWEVER, I MUST SAY THAT IF YOU
GO TO CVS AND BUY SOMETHING, YOU ARE GOING TO GET ADS FOR SIMILAR
PRODUCTS. SO THEY MANAGE TO DO THAT QUITE WELL RIGHT NOW.
MR. GANDOLFO: RIGHT; RIGHT. AND SO YOU GO TO
CVS AND YOU GET THE ADS FOR SIMILAR PRODUCTS. COULD THEY -- COULD THAT
HAPPEN ANYMORE? HOW -- HOW COULD THEY CONTINUE TO TARGET ADS IF THIS
BILL IS PASSED BASED ON WHAT YOU'RE PURCHASING AT CVS?
MS. ROSENTHAL: IF THEY -- IF THEY ASK YOU.
MR. GANDOLFO: SO IT WOULD BE BURIED IN THEIR
TERMS AND CONDITIONS, THEN --
MS. ROSENTHAL: IT'S NOT BURIED, IT HAS TO BE
WRITTEN IN PLAIN LANGUAGE, BUT THE FORM, ET CETERA, ONCE AGAIN, THE AG
WILL DETERMINE THAT.
MR. GANDOLFO: OKAY. SO IF YOU GO AND YOU'RE AT
THE REGISTER AT CVS AND THEY ASK YOU IF YOU'D LIKE TO CREATE AN ACCOUNT
AND LINK IT TO YOUR PHONE NUMBER, AND THEN YOU HIT ACCEPT ON THAT
SCREEN, USUALLY IT'S RIGHT ON THE LITTLE CREDIT CARD SCREEN; IS THAT WHERE
THIS, I GUESS, PRIVACY RELEASE WOULD END UP IN?
MS. ROSENTHAL: I MEAN, IT COULD BE. IT DEPENDS
HOW THE BUSINESS OPERATES. THEY -- THEY PROBABLY HAVE DIFFERENT
METHODS, SO I DON'T KNOW WHAT THAT PARTICULAR ONE, HOW IT -- HOW IT
OPERATES.
MR. GANDOLFO: OKAY, BECAUSE TO ME IT ALMOST
45
NYS ASSEMBLY JANUARY 22, 2025
SEEMS LIKE IT'S GOING TO FALL IN THOSE VAGUE, YOU KNOW, TEN PAGE TERMS
AND CONDITIONS THAT NO ONE'S ACTUALLY READING, THEY'RE JUST CLICKING THE
BUTTON.
MS. ROSENTHAL: WELL THAT'S -- THAT'S WHAT WE
WANT TO AVOID WHICH IS WHY IT HAS TO BE IN PLAIN, UNDERSTANDABLE
LANGUAGE, AND CLEAR AND CONSPICUOUS.
MR. GANDOLFO: OKAY. AND NOW MOVING ON, SAY
WE GET TO A BIGGER BOX STORE LIKE A TARGET, FOR EXAMPLE, WHERE THEY
HAVE THEIR GROCERY SECTION, THEY HAVE THEIR TOY SECTION, ELECTRONICS, AND
A PHARMACY SECTION. MOST PEOPLE THAT I KNOW THAT SHOP AT TARGET, THEY
CREATE THEIR WHATEVER ACCOUNT IT IS, CIRCLE ACCOUNT, AND THEY THROW THE
COUPONS AT YOU ONCE IN A WHILE NOT BECAUSE THEY LIKE YOU, BUT BECAUSE
THE DATA THEY'RE EXTRACTING FROM YOU IS WORTH MUCH MORE THAN THE
$5-OFF COUPON THEY'RE GIVING YOU ONCE IN A WHILE. NOW, WOULD THE --
WOULD THEY HAVE TO HAVE A SEPARATE, I GUESS, RELEASE OR TERM AND
CONDITION FOR WHAT'S PURCHASED AT THE PHARMACY SECTION VERSUS WHAT'S
PURCHASED IN OTHER SECTIONS OF THE STORE?
MS. ROSENTHAL: THE PHARMACY, FIRST OF ALL,
WOULD BE TREATED DIFFERENTLY --
MR. GANDOLFO: WELL, NOT JUST THE PHARMACY --
MS. ROSENTHAL: -- THAN THE TOY SECTION.
MR. GANDOLFO: RIGHT, BUT IT'S ALL -- WHEN -- IF I
GO AND PICK UP TYLENOL FROM THE AISLE BY THE PHARMACY, IT'S STILL LINKED
TO THE SAME ACCOUNT THAT I'M PURCHASING, YOU KNOW, DIAPERS.
MS. ROSENTHAL: THEY CAN -- THEY CAN DECOUPLE
46
NYS ASSEMBLY JANUARY 22, 2025
IT, BUT THE PHARMACY IS SEPARATE.
MR. GANDOLFO: OKAY, SO -- BUT THE PHARMACY
ITSELF IS SEPARATE, YOUR PRESCRIPTION DRUGS, BUT YOU KNOW, YOUR TYLENOL,
YOUR ADVIL, IT'S ALL LINKED TO YOUR ACCOUNT, YOUR DATA WITH EVERYTHING
ELSE THAT YOU'RE PURCHASING. SO NOW THEY WOULD ALSO HAVE TO INCLUDE
SOME KIND OF PERMISSION.
MS. ROSENTHAL: SO THE OVER-THE-COUNTER HAS TO
BE DEALT WITH SEPARATELY THAN OTHER PRODUCTS.
MR. GANDOLFO: OKAY. AND WITH THE VAGUE
DEFINITION OF THIS THAT IF IT'S COVERED IF SOMEONE COULD REASONABLY DRAW
A CONCLUSION ABOUT HEALTH OR MENTAL HEALTH --
MS. ROSENTHAL: YEAH.
MR. GANDOLFO: -- WHAT ABOUT A GROCERY STORE?
YOU GO IN, AND AGAIN, YOU SCAN YOUR WHATEVER LOYALTY CARD AND IT COULD
BE INFERRED WITH THE GROCERIES THAT YOU'RE PURCHASING MAYBE YOU HAVE A
GLUTEN INTOLERANCE OR THAT YOU ARE A DIABETIC. WOULD NOW A GROCERY
STORE HAVE TO PUT IN THIS NEW PRIVACY -- I GUESS PRIVACY RELEASE THAT YOU
CONSENT TO HAVING POTENTIALLY REGULATED HEALTH INFORMATION? WOULD
THEY ALSO HAVE TO...
MS. ROSENTHAL: YEAH -- I MEAN, YES. AND AS A
MATTER OF FACT, MORE THAN TEN YEARS AGO TARGET INFERRED THAT BECAUSE
SOMEONE WAS BUYING UNSCENTED LOTION THAT THEY THEN WOULD NEED TO GET
PREGNANCY ADS. AND -- SO THAT'S AN EXAMPLE OF AN INFERENCE THAT IS
UNWANTED.
MR. GANDOLFO: OKAY. SO -- AND SINCE A LOT OF
47
NYS ASSEMBLY JANUARY 22, 2025
THESE STORES SELL SO MANY DIFFERENT THINGS, THIS COULD AFFECT A LOT OF
DIFFERENT AREAS OF INDUSTRY BECAUSE YOU COULD REALLY DRAW INFERENCES
ABOUT HEALTH FROM SO MANY DIFFERENT PLACES. FOR EXAMPLE, YOU -- A
FAMILY MAKES A REGISTRY AT BED BATH & BEYOND --
MS. ROSENTHAL: WITH WHAT?
MR. GANDOLFO: IF A FAMILY GOES AND MAKES A
REGISTRY, A BABY REGISTRY AT BED BATH & BEYOND, NOW WOULD BED BATH
& BEYOND ALSO HAVE TO BE ON THE LOOKOUT FOR THIS KIND OF PRIVACY
RELEASE OTHERWISE THEY WOULD BE IN VIOLATION OF THE LAW --
MS. ROSENTHAL: YES.
MR. GANDOLFO: -- BECAUSE, YOU KNOW, THERE'S A
LOT OF YOUNGER PARENTS IN HERE THAT PROBABLY REMEMBER IT SEEMS LIKE AS
SOON AS YOU GET HOME FROM THE HOSPITAL YOU'RE GETTING COUPONS FOR
BABY FORMULA SENT TO YOUR HOUSE THAT WERE TARGETED TO YOU, PRESUMABLY
FROM DATA COLLECTED AT DIFFERENT STORES.
MS. ROSENTHAL: SO BED BATH & BEYOND IN OTHER
STATES COMPLY ALREADY.
MR. GANDOLFO: OKAY, SO THEY HAVE A RELEASE YOU
CONSENT TO YOUR HEALTH DATA BEING --
MS. ROSENTHAL: YEAH, YEAH.
MR. GANDOLFO: OKAY. DO YOU KNOW WHAT STATES
THEY HAVE THIS IN?
MS. ROSENTHAL: WASHINGTON STATE, FOR EXAMPLE.
MR. GANDOLFO: OKAY. OKAY, NOW MOVING ON,
THERE WAS A MENTION OF LOCATION DATA. NOW, SAY A MUNICIPALITY HAS
48
NYS ASSEMBLY JANUARY 22, 2025
PARKING METERS AND AN APP LIKE, YOU KNOW, WE HAVE PARK ALBANY UP
HERE, AND THE APP CAN DETERMINE BASED ON YOUR DATA THAT YOU MIGHT BE
PARKING NEAR A HEALTH CARE FACILITY PERIODICALLY, MAYBE ONCE A WEEK,
ONCE A MONTH.
MS. ROSENTHAL: MM-HMM.
MR. GANDOLFO: SO THIS WOULD ALSO APPLY TO THEM,
AS WELL, THEY WOULD HAVE TO NOW COMPLY WITH THIS NEW LEVEL OF DATA
GOVERNANCE.
MS. ROSENTHAL: YES.
MR. GANDOLFO: OKAY. ALL RIGHT, THANK YOU.
ON THE BILL, MADAM SPEAKER.
ACTING SPEAKER HUNTER: ON THE BILL.
MR. GANDOLFO: MADAM SPEAKER, I THINK THIS BILL
IS WELL-INTENTIONED. MOST PEOPLE ARE CONCERNED ABOUT WHERE THEIR DATA
IS FALLING. IT'S ALMOST A LITTLE CREEPY THAT EVERY TIME YOU PULL OUT YOUR
PHONE YOU'RE GETTING TARGETED WITH SOMETHING THAT YOU WERE PROBABLY
JUST SPEAKING ABOUT VERBALLY. BUT I THINK THIS IS A LITTLE OVERLY
EXPANSIVE. IT'S GOING TO TOUCH SO MANY INDUSTRIES AND SO MANY
DIFFERENT TYPES OF STORES THAT I FEAR COMPLIANCE COSTS ARE GOING TO
INCREASE AND, ULTIMATELY, THE CONSUMERS ARE GOING TO END UP PAYING THE
INCREASED COSTS. AND YOU KNOW, IT'S -- MAYBE IT WON'T ACCOUNT FOR THE
BULK OF THE INCREASE, BUT AS WE SEE IN NEW YORK STATE, IT'S ALMOST LIKE
A DEATH OF A THOUSAND CUTS, IT'S JUST SOMETHING NEW EACH AND EVERY DAY
THAT BUSINESSES HAVE TO COMPLY WITH THAT MAKE IT MORE DIFFICULT TO DO
BUSINESS HERE IN NEW YORK STATE. AND ESPECIALLY WITH HEALTH CARE
49
NYS ASSEMBLY JANUARY 22, 2025
FACILITIES AND HOSPITALS, I WORRY THAT THE INCREASED DATA COMPLIANCE COST
TO THEM WILL BE REFLECTED BACK ON PATIENTS THROUGH HIGHER INSURANCE
PREMIUMS, MAYBE GREATER PARKING FEES. BECAUSE AT THE END OF THE DAY,
THEY WILL NOT BE REIMBURSED FOR THE COSTS THAT IT WILL TAKE TO COMPLY
WITH THIS NEW BILL.
SO I WILL BE VOTING IN THE NEGATIVE. I THINK IT JUST IS
TOO BROAD, TOO VAGUE, TOO OVERLY EXPANSIVE, AND I ENCOURAGE MY
COLLEAGUES TO OPPOSE THIS BILL, AS WELL. THANK YOU, MADAM SPEAKER.
ACTING SPEAKER HUNTER: THANK YOU.
MS. WALSH.
MS. WALSH: THANK YOU, MADAM SPEAKER. WILL THE
SPONSOR YIELD FOR JUST A FEW MORE QUESTIONS?
ACTING SPEAKER HUNTER: WILL THE SPONSOR
YIELD?
MS. ROSENTHAL: YES.
MS. WALSH: THANK YOU SO MUCH. MANY OF THE
QUESTIONS THAT I HAD FOR YOU HAVE ALREADY BEEN ASKED AND ANSWERED, SO
I'LL TRY NOT -- I'LL TRY NOT TO ASK THEM AGAIN, BUT THERE'S ALWAYS A RISK FOR
OVERLAP. I WILL SAY AT THE OUTSET THAT THERE'S A VERY GOOD REASON WHY I
AM NOT A MEMBER OF THE TECHNOLOGY COMMITTEE. A LOT OF WHAT WE'RE
DISCUSSING IS A -- IS A LITTLE BIT BEYOND ME, BUT I ALSO CAN RELATE TO THE
CREEPINESS COMMENT THAT WAS JUST MADE ABOUT, YOU KNOW, ALL OF A
SUDDEN GETTING A MESSAGE OR GETTING A COUPON OR SOMETHING, SO I HAVE
EXPERIENCED THAT, LIKE MANY OF US HAVE.
BUT SO, I'M TRYING TO WRAP MY MIND AROUND EXACTLY
50
NYS ASSEMBLY JANUARY 22, 2025
WHAT -- WHAT INDUSTRIES AND WHAT ENTITIES ARE GOING TO BE AFFECTED BY
THIS -- THIS LEGISLATION. SO FOR EXAMPLE, AND I WAS JUST WATCHING
TELEVISION THIS MORNING BEFORE COMING HERE, THEY HAVE LIKE
KARDIAMOBILE TO GIVE YOU LIKE AN EKG READING THAT YOU CAN -- THAT
YOU CAN BUY THIS EQUIPMENT TO DO THAT; SOMETHING LIKE THAT, IS THAT
COMPANY, DOES THAT -- I DON'T KNOW WHERE THAT DATA GOES AFTER YOU FIND
OUT WHAT YOUR EKG IS. I WOULD ASSUME THAT GETS SENT SOMEWHERE.
MS. ROSENTHAL: I DON'T KNOW IF IT GETS SENT
SOMEWHERE, I MEAN...
MS. WALSH: IF IT'S JUST FOR LIKE YOUR PERSONAL USE,
LIKE YOU KNOW, LIKE A STEP COUNTER I THINK YOU MENTIONED EARLIER. IF I
HAVE A STEP COUNTER ON MY PHONE, CAN THAT DATA BE SENT TO SOMEPLACE
ELSE?
MS. ROSENTHAL: THE STEP DATA ON YOUR PHONE IS
NOT BEING SENT ANYWHERE.
MS. WALSH: OKAY. ALL RIGHT. BUT LIKE IF YOU HAVE
A FITBIT, YOU MENTIONED THAT EARLIER, THAT CAN BE.
MS. ROSENTHAL: WELL, IT DEPENDS -- SENT TO, IT'S
NOT SENT TO GOVERNMENT. IT IS -- IT IS SENT TO OTHER ENTITIES WHO MAY
WANT IT ADVERTISE TO YOU, OH, HERE'S A BETTER WATCH, OR THINGS LIKE THAT.
MS. WALSH: OH, OKAY.
MS. ROSENTHAL: SO YOU HAVE TO CONSENT TO THAT.
MS. WALSH: OKAY. SOME PEOPLE HAVE LIKE APPS ON
THEIR PHONES THAT CAN EVALUATE THE QUALITY OF THEIR SLEEP --
MS. ROSENTHAL: YEAH.
51
NYS ASSEMBLY JANUARY 22, 2025
MS. WALSH: -- YOU KNOW, OR IF YOU HAVE LIKE APNEA
OR, YOU KNOW, HOW WELL ARE YOU SLEEPING.
MS. ROSENTHAL: RIGHT.
MS. WALSH: AND IS THAT ALSO PRIVATE TO THE
INDIVIDUAL, OR COULD THAT INFORMATION BE SHARED, AS WELL? NOT WITH THE
GOVERNMENT, BUT I MEAN, TO SOMEBODY?
MS. ROSENTHAL: WITH THE PERSON'S CONSENT. SO IF
YOU WANT TO RECEIVE AN AD FOR A CPAP, OR NOW THEY HAVE NEWER AND
BETTER TECHNOLOGY, IF YOU WANT TO RECEIVE THOSE ADS YOU CAN SAY YES,
BUT IN 24 HOURS LATER AFTER YOU REQUEST WHATEVER YOU'RE REQUESTING.
MS. WALSH: OKAY. AND THE PREVIOUS SPEAKER HAD
TALKED ABOUT GROCERY STORES AND THAT WAS ONE OF THE THINGS THAT I WAS
CONCERNED ABOUT, TOO, BECAUSE YOU KNOW I HAVE LIKE AN ADVANTAGE
CARD THAT WOULD TRACK ALL OF MY FOOD PURCHASES SO IF I WERE, SAY,
BUYING ALL KINDS OF GLUTEN FREE PRODUCTS OR SOMETHING LIKE THAT AND
THEN ALL OF THE SUDDEN, LO AND BEHOLD, I'M GOING TO GETTING AN ALERT FOR
THIS OR AN AD FOR THAT. SO GROCERY STORES WILL HAVE TO BE -- WILL BE
AFFECTED BY THIS LEGISLATION, THEN, CORRECT?
MS. ROSENTHAL: YEAH.
MS. WALSH: OKAY. AND --
MS. ROSENTHAL: I MEAN, BECAUSE IT IS
HEALTH-RELATED DATA THAT'S YOUR PERSONAL DATA.
MS. WALSH: OKAY, AND THAT -- AND I APPRECIATE
THAT. SO WHAT ABOUT I GO TO A BOOKSTORE, I GO TO BARNES & NOBLE AND I
AM IN THE SELF-HELP SECTION AND I'M BUYING A LOT OF BOOKS ABOUT MENTAL
52
NYS ASSEMBLY JANUARY 22, 2025
HEALTH TOPICS, SO MAYBE DEPRESSION OR SOMETHING LIKE THAT. WHAT ABOUT
SOMETHING LIKE THAT, WOULD THAT -- I MEAN, IT DOES PRINT OUT LIKE ON YOUR
RECEIPT WHAT YOU'RE BUYING SPECIFICALLY.
MS. ROSENTHAL: WELL, ARE YOU DOING IT ON AN
APP?
MS. WALSH: NO -- WELL, I COULD, BUT I MEAN, LET'S
SAY I'M IN THE STORE ACTUALLY; DOES THAT -- THAT APPLY? WOULD THE STORE
HAVE TO WORRY ABOUT THAT?
MS. ROSENTHAL: THIS IS GEARED TOWARD ELECTRONIC
INFORMATION, NOT SO MUCH IF I GO TO THE STORE AND BUY SOMETHING LIKE A
BOOK.
MS. WALSH: SO WHAT ABOUT -- LIKE AT SOME OF THE
BOOKSTORES YOU HAVE LIKE A REWARDS CARD OR LIKE A SPECIAL CARD THAT YOU
-- THAT YOU USE AT THE SAME TIME THAT YOU'RE PURCHASING. SO WOULD
SOMETHING LIKE THAT TO PARTICIPATE --
MS. ROSENTHAL: YEAH; YEAH.
MS. WALSH: OKAY.
MS. ROSENTHAL: THAT WOULD BE IMPACTED BY THIS.
MS. WALSH: THAT WOULD BE IMPACTED, OKAY. SO
ONE OF THE CONCERNS THAT WAS RAISED HAD TO DO -- WAS FROM THE NEW
YORK BANKER'S ASSOCIATION, SO FINANCIAL INSTITUTIONS. I DON'T THINK THAT
WE'VE COVERED THAT YET. WHAT RESPONSIBILITY, IF ANY, WOULD FINANCIAL
INSTITUTIONS WHO ARE SEEING, FOR EXAMPLE, WHAT'S ON YOUR CREDIT CARD
STATEMENTS OR WHAT'S ON YOUR BANK STATEMENTS, WHAT YOU'RE PAYING FOR.
WOULD THEY HAVE TO ALSO COMPLY WITH WHAT THIS REGULATION -- WHAT THIS
53
NYS ASSEMBLY JANUARY 22, 2025
LAW IS SAYING?
MS. ROSENTHAL: SO IF THOSE FINANCIAL
TRANSACTIONS ARE REASONABLY LINKABLE TO YOUR HEALTH, THEN IT WOULD BE
COVERED.
MS. WALSH: THEN IT WOULD BE, AS WELL, OKAY. ALL
RIGHT. ONE QUESTION I HAD I DON'T THINK IT'S BEEN ASKED YET, YOU KNOW,
THIS BILL PURPORTS TO GIVE CONTROLS TO INDIVIDUALS.
MS. ROSENTHAL: YES.
MS. WALSH: BUT SOME INDIVIDUALS WOULD NOT
NECESSARILY HAVE THE SAME ADEQUATE CAPACITY TO MAKE DETERMINATIONS
ABOUT THEIR HEALTH DATA, SO -- OR WHAT IS BEST FOR THEM. SO HOW DOES
THIS BILL -- HOW WOULD IT WORK FOR PEOPLE WITH DISABILITIES OR WITH THE
ELDERLY?
MS. ROSENTHAL: THAT IS SOMETHING THE AG
WOULD ADDRESS.
MS. WALSH: THE AG, OKAY.
MS. ROSENTHAL: FOR THE RULEMAKING, YEAH.
MS. WALSH: OKAY. WAS THERE A PARTICULAR -- YOU
MENTIONED I THINK IN ANSWER TO OTHER QUESTIONS ABOUT OTHER STATES THAT
HAVE ALSO KIND OF VENTURED INTO THIS AREA. WAS THERE A PARTICULAR STATE
THAT THIS LEGISLATION WAS MODELED AFTER THEIR LAW OR ANYTHING LIKE THAT?
BECAUSE IT DOES SEEM LIKE OTHER STATES ARE DOING THINGS DIFFERENTLY THAN
THIS LEGISLATION.
MS. ROSENTHAL: I THINK -- I THINK WE TOOK SOME
OF THE PROVISIONS IN OTHER BILLS IN OTHER STATES, WASHINGTON STATE FOR
54
NYS ASSEMBLY JANUARY 22, 2025
EXAMPLE --
MS. WALSH: WASHINGTON STATE?
MS. ROSENTHAL: -- THAT WE -- THAT WE THOUGHT
WOULD BE SUITABLE FOR NEW YORK.
MS. WALSH: OKAY. THANK YOU VERY MUCH.
MS. ROSENTHAL: THANK YOU.
MS. WALSH: MADAM SPEAKER, ON THE BILL.
ACTING SPEAKER HUNTER: ON THE BILL.
MS. WALSH: I WILL SAY THAT I SPENT A LOT OF TIME
READING THIS BILL AND READING THE DEFINITIONS, AND I WAS PERSONALLY, AS A
LAWYER BUT, YOU KNOW, I HAD A TERRIBLE TIME TRYING TO FIGURE OUT EXACTLY
WHO AND WHAT ENTITIES WOULD BE COVERED AND WHAT INFORMATION WOULD
BE COVERED BASED ON THE DEFINITIONALS PORTIONS OF THE BILL. I WAS
HAVING, AND I DON'T THINK I'M ALONE BECAUSE IF YOU LOOK TO SEE THE
GROUPS THAT OPPOSE THE BILL AND THE LEGISLATION, THEY -- THEY COVER A LOT
OF DIFFERENT INDUSTRIES AND THEY'RE ALL KIND OF SAYING THE SAME THING.
AND WHILE I THINK IT'S ALL WELL AND GOOD TO SAY THAT THE
ATTORNEY GENERAL'S OFFICE IS GOING TO HAVE AN ABILITY TO PROVIDE SOME
CLARIFICATION, I WOULD HAVE PREFERRED TO HAVE HAD GREATER CLARIFICATION
IN THE LEGISLATION ITSELF, SINCE I THINK THAT IS THE KIND OF BEST EVIDENCE
OF WHAT THE INTENT BEHIND THE LEGISLATION IS AND WHAT WE'RE REALLY TRYING
TO DO HERE.
I DO GENERALLY VERY MUCH AGREE WITH WHAT OTHER
SPEAKERS HAVE SAID AS FAR AS THE NEED TO TRY TO PROVIDE SOME
PROTECTIONS TO PEOPLE IN NEW YORK FROM SOME OF THE -- SOME OF THE
55
NYS ASSEMBLY JANUARY 22, 2025
SALE OF THEIR DATA THAT'S GOING ON. I DO AGREE WITH THAT, BUT I THINK THAT
-- I THINK THAT THIS COULD HAVE BEEN MORE ARTFULLY WORDED IN SUCH A WAY
TO PROVIDE GREATER CLARITY BECAUSE, UNFORTUNATELY, IF AN INDUSTRY OR A
BUSINESS DOESN'T -- DOESN'T GUESS RIGHT, THEY CAN REALLY BE HIT WITH
PENALTIES AND ENFORCEMENT ACTIONS, ET CETERA, THAT COULD BE VERY COSTLY
TO THAT BUSINESS.
SO FOR THOSE REASONS WHILE I THINK THAT THIS IS
WELL-INTENTIONED, I DON'T AGREE WITH WHERE WE ENDED UP IN TERMS OF A
PIECE OF LEGISLATION AND FOR THOSE REASONS, I'M CONSTRAINED TO VOTE IN
THE NEGATIVE AND I WOULD ENCOURAGE MY COLLEAGUES TO DO THE SAME.
THANK YOU, MADAM SPEAKER.
ACTING SPEAKER HUNTER: THANK YOU.
MR. OTIS.
MR. OTIS: THANK YOU. THE ISSUE THAT THIS BILL --
ACTING SPEAKER HUNTER: ARE YOU ON THE BILL?
MR. OTIS: I'M ON THE BILL, BUT THEN I MAY PIVOT TO A
QUESTION FOR THE SPONSOR.
BUT THE ISSUE THAT THIS BILL SEEKS TO ADDRESS IS THE FACT
IN THE WORLD OF TODAY, INDIVIDUALS HAVE CONCERN ABOUT THE PRIVACY OF
THEIR HEALTH CARE INFORMATION, AILMENTS THEY MAY HAVE, COULD BE
SUBSTANCE ABUSE, IT COULD BE ALCOHOLISM, IT COULD BE AN EMBARRASSING
CASE OF POISON IVY; I DON'T KNOW, BUT IT'S NONE OF ANYONE ELSE'S
BUSINESS. BUT IN THE WORLD OF TECHNOLOGY TODAY, THERE IS THE ABILITY FOR
PEOPLE TO GO ONLINE, GO TO A DATA BROKER, SOMEHOW ACCESS YOUR
BEHAVIORS ONLINE OR IN OTHER WAYS AND DRAW CONCLUSIONS ABOUT THINGS
56
NYS ASSEMBLY JANUARY 22, 2025
THAT YOU MIGHT CONSIDER PRIVATE.
WHAT THIS BILL DOES IS THIS BILL ATTEMPTS TO PUT THE
INDIVIDUAL BACK IN CONTROL OVER HIS OR HER INFORMATION, AND THAT IS A
GOOD THING. THERE WAS SOME DISCUSSION EARLIER ABOUT THE QUESTION OF
TERMS AND CONDITIONS, AND THE POINT OF THE BILL AS I SEE IT IS THAT THROUGH
LAW WE ARE GOING TO SAY THAT AN INDIVIDUAL HAS A RIGHT TO EXERCISE SOME
CONTROL OVER THE TERMS AND CONDITIONS WHEN SEEKING A SERVICE. NOW,
SOME MAY SAY THAT GOVERNMENT SHOULDN'T BE DOING THAT, BUT IF WE DON'T
WE ARE NOT GOING TO BE ABLE TO PROTECT AN INDIVIDUAL'S AUTONOMY OVER
THEIR PRIVACY OF THEIR HEALTH CARE INFORMATION. AND THIS IS A CONCERN
THAT SHOULD RESINATE WITH EVERY MEMBER OF THIS LEGISLATURE WHO CARES
ABOUT THEIR PRIVACY, THEIR INFORMATION.
I WOULD I THINK YIELD AT THAT POINT, I THINK I AM DONE,
BUT I JUST SAY THAT THE IMPORTANCE OF THIS COULD NOT BE GREATER BECAUSE
THE TOOLS FOR MONITORING EVERYTHING THAT WE DO GROW EVERY WEEK THAT
WE SEE NEW TECHNOLOGIES TRACKING WHAT WE'RE DOING IN DIFFERENT WAYS,
AND MORE BROADLY THAN HEALTH CARE, WE'RE GOING TO HAVE TO LOOK AT THE
ABILITY TO PROTECT OUR INFORMATION IN BROADER WAYS THAN WE DO TODAY.
THANK YOU, MR. SPEAKER -- MRS. SPEAKER -- MADAM SPEAKER.
ACTING SPEAKER HUNTER: THANK YOU.
MR. DURSO.
MR. DURSO: THANK YOU, MADAM SPEAKER. WOULD
THE SPONSOR YIELD FOR A COUPLE QUESTIONS?
ACTING SPEAKER HUNTER: WILL THE SPONSOR
YIELD?
57
NYS ASSEMBLY JANUARY 22, 2025
MS. ROSENTHAL: YES.
ACTING SPEAKER HUNTER: THE SPONSOR YIELDS.
MR. DURSO: THANK YOU, MA'AM. SO JUST GOING OFF
OF WHAT THE LAST SPEAKER JUST SAID, WOULD YOU AGREE, IN FACT, THAT THIS IS
GIVING CONTROL ESSENTIALLY TO INDIVIDUALS OVER THE TERMS AND CONDITIONS
OF THEIR HEALTH CARE INFORMATION?
MS. ROSENTHAL: THE HEALTH CARE INFORMATION IS
THEIR PERSONAL, CONFIDENTIAL PROPERTY AND, YES, THEY SHOULD HAVE CONTROL
OVER WHO SEES IT AND WHAT THEY DO WITH IT.
MR. DURSO: SO WHY IS IT THAT IT STATES IN THE BILL
THAT THE LOCAL STATE AND FEDERAL GOVERNMENT ARE EXEMPT FROM THIS BILL?
SO THIS IS ONLY JUST TO CONTROL HEALTH INFORMATION FROM GOING TO PRIVATE
ENTITIES, BUT NOT THE STATE, FEDERAL, OR LOCAL GOVERNMENT?
MS. ROSENTHAL: THEY HAVE THEIR OWN RULES AND
REGS.
MR. DURSO: WHY -- SO IF WE'RE PROTECTING
CONSUMERS AND TAXPAYERS, PEOPLE -- THE PEOPLE WE REPRESENT, THEIR
HEALTH CARE INFORMATION, WHY ARE WE NOT PROTECTING IT FROM LOCAL,
FEDERAL, AND STATE GOVERNMENT? SO IT'S OKAY FOR THE STATE TO GET
PEOPLE'S PRIVATE HEALTH CARE INFORMATION, BUT NOT TARGET.
MS. ROSENTHAL: THE GOVERNMENT HAS DATA
SHARING RULES ALREADY.
MR. DURSO: ARE THEY -- ARE THEY THE SAME AS
THESE? SO IN OTHER WORDS, DOES NEW YORK STATE HAVE A, YOU KNOW,
TERMS AND CONDITIONS AGREEMENT ANY TIME YOU GO ON TO A WEBSITE, LET'S
58
NYS ASSEMBLY JANUARY 22, 2025
JUST SAY THE EXCELSIOR PASS? I MEAN, YOU WOULD HAVE TO HAVE TERMS
AND CONDITIONS, CORRECT? IF WE'RE SITTING HERE TRYING TO PROTECT PEOPLE'S
PERSONAL HEALTH CARE INFORMATION, THAT SHOULD BE ACROSS THE BOARD,
RIGHT, NOT JUST FROM PRIVATE INDUSTRY. NEW YORK STATE NOW HAS MY
PRIVATE HEALTH CARE INFORMATION. WHY IT IS THAT NEW YORK STATE CAN
HAVE IT, LOCAL GOVERNMENT CAN HAVE IT AND FEDERAL GOVERNMENT HAVE IT,
THAT'S THE LANGUAGE IN YOUR BILL. BUT IF I'M ON, AS WE SAID, AND YOU
WERE COMPARING OVER-THE-COUNTER MEDICATION TO ESSENTIALLY, YOU KNOW,
WE'RE SAYING THAT THAT WAS DIFFERENT THAN IF I'M AT HOME ON A PIECE OF
EXERCISE EQUIPMENT. WE WANT TO PROTECT PEOPLE'S HEALTH CARE
INFORMATION, JUST NOT FROM THE GOVERNMENT.
MS. ROSENTHAL: NEW YORK STATE DOES NOT SELL
YOUR PRIVATE HEALTH DATA.
MR. DURSO: SO WHY ARE THEY INCLUDED IN THE BILL?
MS. ROSENTHAL: BECAUSE THAT'S NOT WHAT THEY'RE
IN THE BUSINESS OF. WE'RE TALKING ABOUT COMPANIES THAT ARE MONETIZING
YOUR PRIVATE INFORMATION. NEW YORK STATE DOES NOT FALL INTO THAT
CATEGORY.
MR. DURSO: OKAY. SO THEN -- SO THE GENESIS OF THIS
BILL IS TO DO WHAT, WHO IS IT PROTECTING?
MS. ROSENTHAL: IT'S PROTECTING YOU, IT'S
PROTECTING ME, IT'S PROTECTING NEW YORKERS, IT'S PROTECTING PEOPLE WHO
COME TO NEW YORK, BECAUSE WHAT IS YOUR PERSONAL HEALTH DATA DOES
NOT NEED TO BE SHARED WITH ANYONE UNLESS YOU WOULD LIKE IT.
MR. DURSO: SO YOU HAVE TO AGREE TO THE TERMS AND
59
NYS ASSEMBLY JANUARY 22, 2025
CONDITIONS, CORRECT?
MS. ROSENTHAL: IN 20 -- ONCE AGAIN, IF YOU WANT
TO USE AN APP --
MR. DURSO: RIGHT.
MS. ROSENTHAL: -- YOU'RE SAYING, I WANT TO USE
THIS NOW, FINE, YOU START IT, YOU USED IT. IF THEY WANT TO USE YOUR
INFORMATION FOR OTHER PURPOSES, THEY WILL ASK YOU IN 24 HOURS.
MR. DURSO: SO AGAIN, SO JUST UNDERSTANDING THIS,
SO THIS IS FOR PRIVATE INDUSTRIES ONLY, RIGHT? SO AGAIN, WE WANT TO
PROTECT -- WE'RE SAYING IT'S AN APP, AND WE'RE TALKING ABOUT APPS
ESSENTIALLY, CORRECT?
MS. ROSENTHAL: MM-HMM.
MR. DURSO: ANYTHING, RIGHT, ON THE -- ESSENTIALLY
ON THE COMPUTER THAT COULD BE GIVING OUT INFORMATION SOLD, RIGHT, TO THE
HIGHEST BIDDER, ESSENTIALLY, OR IF THERE'S A DATA BREACH, WHICH WE KNOW
HAPPENS CONSTANTLY --
MS. ROSENTHAL: YES.
MR. DURSO: -- WE WANT TO PROTECT PEOPLE'S HEALTH
CARE INFORMATION, BUT IF I HAD THE EXCELSIOR PASS DOWNLOADED ON MY
PHONE, OR I-STOP, RIGHT, THERE'S NO TERMS AND AGREEMENT, YOU KNOW,
FOR THOSE. SO NEW YORK STATE, THE FEDERAL GOVERNMENT, AND LOCAL ARE
EXEMPT FROM MAKING SURE THAT MY PRIVATE INFORMATION IS KEPT PRIVATE,
JUST LOCAL BUSINESSES HAVE TO ADHERE TO THESE RULES. AGAIN, WE'RE
MAKING RULES FOR EVERYONE ELSE AND NOT OURSELVES. WHY WOULD WE NOT
HAVE THIS FOR NEW YORK STATE?
60
NYS ASSEMBLY JANUARY 22, 2025
MS. ROSENTHAL: BECAUSE THE GOVERNMENT HAS ITS
OWN SEPARATE RULES, AS YOU KNOW.
MR. DURSO: I DO, AND IT'S A SHAME --
MS. ROSENTHAL: YES.
MR. DURSO: -- THAT'S WHY I WAS ASKING THE
QUESTION.
MS. ROSENTHAL: WELL, THAT'S A SEPARATE BILL, A
SEPARATE ISSUE. THIS HERE IS TO PROTECT YOUR INFORMATION AND NOT LET A
BILLION DOLLAR COMPANY PROFIT OFF OF SOMETHING THAT YOU OWN AND MAY
NOT WANT TO DISSEMINATE.
MR. DURSO: I AGREE 100 PERCENT, BUT AGAIN, IF YOU
SAW THE BUDGET INFORMATION THAT CAME OUT TODAY, NEW YORK STATE IS A
BILLION DOLLAR COMPANY.
MS. ROSENTHAL: IT'S NOT A COMPANY, IT'S A STATE.
MR. DURSO: THANK YOU, MS. ROSENTHAL; I
APPRECIATE YOU TAKING THE QUESTIONS, MA'AM.
ON THE BILL, MADAM SPEAKER.
ACTING SPEAKER HUNTER: ON THE BILL.
MR. DURSO: ONCE AGAIN, WE'RE -- WE'RE SETTING UP A
BILL AND A STANDARD HERE THAT IS -- IS -- IS NOT GOOD FOR ME, ONLY GOOD FOR
THEE OR THE OPPOSITE WAY. AGAIN, IF MY HEALTH CARE INFORMATION IS SO
VITAL TO KEEP PRIVATE, WHICH I BELIEVE IT IS, IT SHOULD BE ABLE TO KEEP IT
PRIVATE FROM EVERYONE. LOCAL, STATE AND FEDERAL GOVERNMENT SHOULD
NOT SUPERSEDE MY RIGHT AND IF THIS BILL IS GOOD FOR EVERYBODY ELSE, IT
COULD BE GOOD FOR EVERYBODY IN THIS CHAMBER TO VOTE AGAINST THIS BILL
61
NYS ASSEMBLY JANUARY 22, 2025
BECAUSE IT'S NOT PROTECTING ANYBODY'S HEALTH CARE INFORMATION, IT'S ONLY
PROTECTING IT FROM THOSE THAT YOU WANT TO KEEP IT FROM. THANK YOU,
MS. SPEAKER.
ACTING SPEAKER HUNTER: MS. WALSH.
MS. WALSH: THANK YOU, MADAM SPEAKER. WE
REQUEST A SLOW ROLL CALL ON THIS ONE, PLEASE.
ACTING SPEAKER HUNTER: READ THE LAST
SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT ON THE 365TH
DAY.
ACTING SPEAKER HUNTER: A SLOW ROLL CALL HAS
BEEN REQUESTED.
THE CLERK WILL RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MADAM SPEAKER, WOULD
YOU PLEASE CALL ON OUR COLLEAGUES THAT ARE ON ZOOM TO PROVIDE YOU
WITH THEIR DECISION ON THIS PIECE OF LEGISLATION SO THAT WE CAN MOVE
FORWARD WITH CALLING IT A YES. THANK YOU.
THE CLERK: MR. ALVAREZ, FOR THE RECORD, PLEASE
STATE YOUR NAME AND HOW YOU WISH TO VOTE.
MR. ALVAREZ: GEORGE ALVAREZ AND I VOTE YES.
THE CLERK: MR. ALVAREZ IN THE AFFIRMATIVE.
MS. DAVILA, FOR THE RECORD, PLEASE STATE YOUR NAME
AND HOW YOU WISH TO VOTE.
62
NYS ASSEMBLY JANUARY 22, 2025
MS. DAVILA: MARITZA DAVILA AND I VOTE IN THE
AFFIRMATIVE.
THE CLERK: MS. DAVILA IN THE AFFIRMATIVE.
MS. SIMON, FOR THE RECORD, PLEASE STATE YOUR NAME AND
HOW YOU WISH TO VOTE.
MS. SIMON: JO ANNE SIMON, I WILL VOTE YES.
THE CLERK: MS. SIMON IN THE AFFIRMATIVE.
ACTING SPEAKER HUNTER: MR. BLUMENCRANZ TO
EXPLAIN HIS VOTE.
MR. BLUMENCRANZ: THANK YOU, MADAM
SPEAKER, TO EXPLAIN MY VOTE. THIS BILL IS UNDOUBTEDLY, UNDOUBTEDLY
WELL-INTENDED. THIS IS AN ISSUE THAT IS ON THE MINDS OF NEW YORKERS,
DATA PRIVACY. WE WANT TO MAKE SURE THAT OUR DATA IS SECURE AND WE
WANT TO MAKE SURE WE HAVE A GOVERNMENT THAT IS TRYING, AT THE VERY
LEAST, TO PROTECT US. BUT THE WAY THIS BILL USES BROAD STROKES, VAGUE
LANGUAGE, AND LEAVES OPEN TO INTERPRETATION A REGULATORY ANSWER TO A
QUESTION THAT NEEDS A LEGISLATIVE ONE IS THE REASON I DO NOT THINK ANY OF
US SHOULD SUPPORT THIS.
THE OPEN-ENDED QUESTIONS, THE NIGHTMARES, THE RISE IN
COST AND RISING PRICES OF ABIDING BY THIS LEGISLATION AND MOVING THE
NEEDLE CONSTANTLY THROUGH REGULATION AS TO HOW COMPANIES AND
INDIVIDUALS SHOULD HAVE TO KEEP UP WITH THIS REGULATION WILL LEAD TO
CONFUSION, LACK OF SERVICES, AND IN SOME INSTANCES, LITIGATION THAT CAN
LAST FOR DECADES. WE'VE SEEN IT IN OTHER STATES, WE'VE SEEN THE
PREDICAMENTS THAT VAGUE LANGUAGE LIKE THIS CAN CREATE, AND I THINK THE
63
NYS ASSEMBLY JANUARY 22, 2025
VERY FACT THAT MULTIPLE DIFFERENT STAKEHOLDERS AND MULTIPLE DIFFERENT
INDUSTRIES ALL HAD MULTIPLE DIFFERENT INTERPRETATIONS BEFORE THE BILL EVEN
PASSED SHOWS US THAT WE NEED TO THINK AND WORK HARDER WITH OUR
STAKEHOLDERS TO MAKE SURE WE CAN PASS THE REGS WE WANT TO SEE, NOT
PAWN IT OFF TO SOMEONE LIKE THE AG TO BE THE JUDGE, JURY, AND
EXECUTIONER FOR WHAT DATA IS RELEVANT AND WHAT IS NOT, FOR WHAT COUNTS
AS HEALTH DATA AND WHAT'S NECESSARY AND WHAT'S NOT. WE NEED TO WORK
TO DO BETTER FOR ALL NEW YORKERS AND FOR THAT REASON, I'LL BE VOTING IN
THE NEGATIVE. THANK YOU.
ACTING SPEAKER HUNTER: MR. BLUMENCRANZ IN
THE NEGATIVE.
MS. ROSENTHAL TO EXPLAIN HER VOTE.
MS. ROSENTHAL: THANK YOU, MADAM SPEAKER, TO
EXPLAIN MY VOTE. WITH THIS VOTE, NEW YORKERS WILL FINALLY BE IN
CONTROL OF THEIR MOST PRIVATE AND SENSITIVE HEALTH DATA. EVERY DAY OUR
CONSTITUENTS, WHETHER THEY'RE DEMOCRATS, INDEPENDENTS, REPUBLICANS
DOWNLOAD MENSTRUAL AND FERTILITY APPS, SEARCH FOR CURES FOR ERECTILE
DYSFUNCTION, BUY PREGNANCY TESTS ONLINE OR CLIP A FITBIT TO THEIR WRIST TO
CLOCK THEIR STEPS OR CALORIE COUNT. A WHOPPING 81 PERCENT OF PEOPLE
BELIEVE THEIR HEALTH DATA IS PROTECTED WHEN USING THESE APPS. AS
PEOPLE HAVE LEARNED TODAY, IT IS NOT, HENCE THE NEED FOR THIS BILL.
UNBEKNOWNST TO PEOPLE, THE SENSITIVE INFORMATION
THEY'RE FEEDING WHAT THEY THINK ARE TRUSTED HEALTH APPS ARE BEING SOLD
TO FACELESS THIRD-PARTIES OR TO POWERFUL TECH COMPANIES WHO HAVE
RINGSIDE SEATS IN CREATING AND INFLUENCING OUR COUNTRY'S MOST IMPORTANT
64
NYS ASSEMBLY JANUARY 22, 2025
POLICIES. THEIR COMPANIES KNOW THE LAST TIME SOMEONE MENSTRUATED,
WHEN THEY SEARCHED FOR PLAN B, WHEN THEY SLEPT FITFULLY. ALL OF THAT
INFO AND MORE IS NOT ONLY FOR SALE, BUT IT'S AT THE FINGERTIPS OF AMERICA'S
LARGEST CORPORATE ENTITIES, WHICH SHOULD BE CONCERNING TO EVERYBODY IN
THIS ROOM.
FIFTY-TWO YEARS AGO TODAY, THE U.S. SUPREME COURT
DECLARED ABORTION WAS LEGAL IN ALL 50 STATES, GRANTING WOMEN THE RIGHT
TO BODILY AUTONOMY AND FREEING THEM FROM THE ECONOMIC CONSTRAINTS OF
FORCED PREGNANCY. WE WATCHED THAT CRUMBLE IN 2022 WHEN A HOSTILE
SUPREME COURT GUTTED THOSE HARD FOUGHT PROTECTIONS. BUT STATE
GOVERNMENTS ARE NOT CONTENT WITH JUST BANNING PROCEDURES WITHIN THEIR
JURISDICTIONS, THEY WANT TO TRACK AND SCARE WOMEN FROM LEAVING THEIR
STATES TO GET REPRODUCTIVE HEALTH CARE. WITHOUT THIS LEGISLATION, THE
HEALTH DATA OF PREGNANT WOMEN VENTURING TO NEW YORK, WOMEN WHO
LIVE IN NEW YORK --
ACTING SPEAKER HUNTER: THANK YOU, MS.
ROSENTHAL. HOW DO YOU VOTE?
MS. ROSENTHAL: CAN I JUST SAY --
ACTING SPEAKER HUNTER: HOW DO YOU VOTE?
MS. ROSENTHAL: I VOTE IN THE AFFIRMATIVE.
ACTING SPEAKER HUNTER: THANK YOU. MS.
ROSENTHAL IN THE AFFIRMATIVE.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MADAM
SPEAKER. I WANT TO COMMEND ALL OF MY COLLEAGUES WHO HAVE HAD A
65
NYS ASSEMBLY JANUARY 22, 2025
CONVERSATION ABOUT THIS BILL THAT'S IN FRONT OF US TODAY. AND I ALSO
WANTED TO SAY THAT I SEE THIS AS A BENEFIT TO CONSUMERS. AND I KNOW
THAT THERE ARE A LOT OF WAYS WE CAN NITPICK ON WHY THINGS SHOULDN'T
HAPPEN, BUT AT THE END OF THE DAY I DON'T WANT MY INFORMATION GIVEN TO
ANYBODY UNLESS I DECIDE TO GIVE IT TO THEM, NOT BECAUSE IT'S A BUSINESS
MATTER THAT'S GOING TO ENHANCE SOMEBODY'S BUSINESS. AND I THINK WE
SHOULD ALL BE KEEPING IN MIND THAT IT WON'T BE LONG BEFORE THERE'S ONLY
A FEW PEOPLE WHO CONTROLS ALL OF THIS VIRTUAL INFORMATION. AND AT THE
END OF THE DAY, IF WE WANT TO PROTECT THE PEOPLE THAT WE SERVE FOR, WE
NEED TO PUT SOME PROVISIONS IN PLACE TO ALLOW THAT TO HAPPEN,
OTHERWISE IT'S WORSE THAN THE WILD WILD WEST.
SO THANK YOU FOR INTRODUCING THIS BILL, AND THANK YOU
FOR THOSE OF YOU WHO HAVE STAYED LONG ENOUGH TO VOTE FOR IT. AND I'M
GOING TO ASK NO ONE TO LEAVE THE ROOM UNTIL WE'RE FINISHED WORKING
TODAY. SO I AM A YES ON THIS PIECE OF CONSUMER-FRIENDLY LEGISLATION.
THANK YOU, MADAM CHAIR.
(APPLAUSE)
ACTING SPEAKER HUNTER: THANK YOU. MRS.
PEOPLES-STOKES IN THE AFFIRMATIVE.
MS. WALSH TO EXPLAIN HER VOTE.
MS. WALSH: THANK YOU, MADAM SPEAKER. SO I
APPRECIATE THE WORDS OF THE PREVIOUS SPEAKER, BUT I DON'T THINK IT IS
NITPICKING AT ALL FOR US TO DO OUR JOBS AS LEGISLATORS AND MAKE SURE THAT
THE BILLS THAT WE'RE PASSING ACTUALLY ADEQUATELY DEFINE TERMS, DEFINE
OBLIGATIONS, DEFINE -- THIS IS THE WORK THAT WE'RE HERE TO DO. I MEAN,
66
NYS ASSEMBLY JANUARY 22, 2025
WE'RE -- WE ARE -- SHOULD BE MORE THAN JUST SIMPLY CRUSADING. WE NEED
TO BE VERY DILIGENT AND PRECISE WITH OUR LANGUAGE BECAUSE IF WE'RE NOT,
WHAT WE GET IS JUST A BUNCH OF LAWSUITS OR, EVEN WORSE, WHAT WE GET IS
NOT A LAWSUIT AND WE GET A LOT OF BUSINESSES THAT DON'T KNOW WHETHER
THEY'RE GOING TO GET DINGED BY THE ATTORNEY GENERAL WITH ENFORCEMENT
PENALTIES.
SO I WOULD JUST SAY THAT ALL OF THE WORK AND ALL OF THE
WORDS AND ALL OF THE DEBATE THAT HAPPENED TODAY WAS VALUABLE IN
POINTING OUT WHY THERE ARE SO MANY STAKEHOLDERS HERE WHO ARE
OPPOSED TO THIS LEGISLATION AND ARE SIGNIFICANTLY CONCERNED WITH THIS
LEGISLATION. SO THE VOTE IS WHAT IT IS, WE WILL MOVE FORWARD, BUT I WILL
BE VOTING IN THE NEGATIVE BECAUSE I THINK THAT AS LEGISLATORS DRAFTING
IMPORTANT LEGISLATION THAT WE MUST BE PRECISE. THANK YOU.
ACTING SPEAKER HUNTER: MS. WALSH IN THE
NEGATIVE.
MR. DIPIETRO TO EXPLAIN HIS VOTE.
MR. DIPIETRO: THANK YOU, MADAM SPEAKER. I JUST
WANT TO REITERATE THAT WHILE THE PRIVACY IS A HUGE ISSUE FOR US, AND I
DON'T THINK ANYONE IN THIS ROOM IS AGAINST IT, THE FACT IS THERE WERE A
NUMBER OF STAKEHOLDERS, A LOT OF THEM ON BOTH SIDES OF THIS ISSUE WHO
WEIGHED IN ON THIS AND SAID THIS BILL WAS HORRIBLY WRITTEN; IT WAS TOO
VAGUE AND LEFT IT WIDE OPEN FOR LAWSUITS AND FOR MISINTERPRETATION.
AND I'M JUST WONDERING, I'M VERY PUZZLED WHY, WHEN THE BILL IS WRITTEN
WHY DON'T THE SPONSORS AND THE PEOPLE THAT WRITE THIS BILL CONTACT THESE
OTHER ENTITIES THAT HAVE A MAJOR CONCERN WITH THIS AND ASK THEM JUST FOR
67
NYS ASSEMBLY JANUARY 22, 2025
THEIR BASIC INPUT. THIS BILL COULD HAVE BEEN WRITTEN VERY WELL AND HAD
UNANIMOUS SUPPORT.
BUT THE FACT IS THIS IS WHAT WE GET UP IN ALBANY. WE
GET A ONE-SIDED LEGISLATION, DOESN'T LISTEN TO THE STAKEHOLDERS ON EITHER
SIDE, AND THEN WE GET A BILL LIKE THIS WHERE THOSE OF US WHO WOULD LIKE
TO SUPPORT IT CAN'T BECAUSE IT'S SO BADLY WRITTEN. I WILL BE VOTING IN THE
NEGATIVE BECAUSE THIS BILL IS GOING TO OPEN US UP TO A LOT OF THINGS THAT
WE DON'T NEED TO TAKE ON IN NEW YORK STATE. THIS BILL COULD HAVE BEEN
WRITTEN SO MUCH BETTER IF THEY'VE HAD REACHED OUT TO THESE DOZENS OF
STAKEHOLDERS AROUND THE STATE ON BOTH SIDES OF THE ISSUE WHO HAD
CONCERNS AND COULD HAVE HELPED WRITE A GREAT BILL. I'LL BE VOTING IN THE
NEGATIVE. THANK YOU, MADAM SPEAKER.
ACTING SPEAKER HUNTER: MR. DIPIETRO IN THE
NEGATIVE.
MR. OTIS TO EXPLAIN HIS VOTE.
MR. OTIS: BRIEFLY, MADAM SPEAKER. THIS BILL WENT
THROUGH THE ASSEMBLY SCIENCE AND TECHNOLOGY COMMITTEE, AND I JUST
WANT TO ON BEHALF OF THE COMMITTEE, ON BEHALF OF THE BILL'S SPONSOR, AS
WELL, TO THANK THE TEAM AT THE ATTORNEY GENERAL'S OFFICE THAT HELPED
WITH THE BILL, GIOVANNI WARREN, JARRET HOVA, AIMEE GEORGE-DENN,
CHRIS D'ANGELO, VERY SKILLED PEOPLE THAT DID WORK ON THE DETAILS,
LANGUAGE RELATED TO THE BILL AND AMENDMENTS OVER THE LONG-TERM; ALLIE
BOHM OF THE NEW YORK CIVIL LIBERTIES UNION AND OUR OWN CENTRAL
STAFF TEAM, MATT HENNING, EMILY VACULIK, SKYE MATTHEWS FROM
ASSEMBLY PROGRAM AND COUNSEL STAFF.
68
NYS ASSEMBLY JANUARY 22, 2025
I DO NOT AGREE WITH THE CHARACTERIZATIONS THAT SORT OF
THROWN UP HERE THAT THE BILL IS CONFUSING OR NOT DRAFTED PROPERLY, BUT
WE ALWAYS CAN GO BACK AND FIX THINGS IF THINGS NEED TO BE FIXED. BUT
THERE'S MORE CLARITY HERE THAN SOME OF THE COMMENTS FROM FOLKS AS
THEY HAVE CHARACTERIZED IT, BUT WE WANT TO SAY THANK YOU TO THOSE FOLKS
ON STAFF AND THE OUTSIDE THAT HELPED AND WORKED ON THIS ISSUE. I VOTE
AYE.
ACTING SPEAKER HUNTER: THANK YOU. MR.
OTIS IN THE AFFIRMATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
PAGE 9, RULES REPORT NO. 61, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A02145-A, RULES
REPORT NO. 61, REYES. AN ACT TO AMEND THE EDUCATION LAW, IN
RELATION TO THE LABELING OF MIFEPRISTONE, MISOPROSTOL, AND THEIR GENERIC
ALTERNATIVES.
ACTING SPEAKER HUNTER: ON A MOTION BY MS.
REYES, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED.
AN EXPLANATION HAS BEEN REQUESTED, MS. REYES.
MS. REYES: CAN YOU HEAR ME NOW? YEAH, OKAY.
NEW MACHINES.
THIS BILL WOULD ALLOW THE PRESCRIPTION LABELS FOR
MIFEPRISTONE AND MISOPROSTOL TO INCLUDE THE NAME OF A HEALTH CARE
69
NYS ASSEMBLY JANUARY 22, 2025
PRACTICE INSTEAD OF THE NAME OF THE PRESCRIBING OR DISPENSING
PRACTITIONER AT THEIR REQUEST.
ACTING SPEAKER HUNTER: WILL THE SPONSOR
YIELD?
MS. WALSH: THANK YOU. SO WHY -- WHY DID THIS --
HOW DID THIS BILL COME ABOUT, WHAT'S THE REASON FOR IT?
MS. REYES: THIS BILL CAME ABOUT BECAUSE THERE ARE
-- THERE HAVE BEEN DISPENSING AND PRESCRIBING PRACTITIONERS WHO
CHOOSE TO NOT HAVE THEIR NAME ON THE LABEL OF CERTAIN MEDICATIONS FOR
FEAR OF RETRIBUTION OR FEAR OF BEING TARGETED.
MS. WALSH: OKAY. AND IS THIS BILL MODELED AFTER
ANOTHER PIECE OF LEGISLATION COMING OUT OF WASHINGTON STATE, DID I SEE
THAT?
MS. REYES: YES. IT'S IN THE MEMO.
MS. WALSH: OKAY. AND HAS NEW YORK EVER DONE
THIS BEFORE FOR ANY OTHER KIND OF MEDICATION OR DRUG?
MS. REYES: NO.
MS. WALSH: OKAY. SO ONE QUESTION I GUESS RIGHT
FROM THE OUTSET IS WHAT IS THE DIFFERENCE BETWEEN A DISPENSING
PRACTITIONER REFERENCED IN SECTION 1 OF THE BILL AND A PRESCRIBER IN
SECTION 2? ARE WE TALKING ABOUT PHARMACISTS AS WELL AS PHYSICIANS, OR
ONLY PHYSICIANS, OR PRESCRIBERS?
MS. REYES: ONLY PHYSICIANS; ONLY PHYSICIANS
BECAUSE THE PHARMACIST'S NAME WOULD NOT BE ON THE ACTUAL LABEL.
MS. WALSH: OKAY.
70
NYS ASSEMBLY JANUARY 22, 2025
MS. REYES: BUT IN SOME INSTANCES, THE PRESCRIBER
ALSO DISPENSES, AND THAT'S WHY --
MS. WALSH: I'M SORRY, THE PRESCRIBER IS...
MS. REYES: IN SOME INSTANCES, THE PRESCRIBER ALSO
DISPENSES.
MS. WALSH: OH, ALSO DISPENSES; THANK YOU. WHAT
ABOUT WOULD THIS APPLY TO OTHER DISCIPLINES LIKE NURSE PRACTITIONER WHO
CAN WRITE PRESCRIPTIONS OR, YOU KNOW, OTHER PEOPLE WHO CAN?
MS. REYES: IF THEY ARE THE PRESCRIBER AND THEY
CHOOSE TO AVAIL THEMSELVES OF THIS, YES.
MS. WALSH: OKAY. AND HOW IS IT ENVISIONED THAT
THIS REQUEST WILL BE MADE, BECAUSE IT SEEMS LIKE THE BILL WAS SILENT ON
THAT.
MS. REYES: FROM WHAT I UNDERSTAND -- WELL, NOW
PRESCRIPTIONS ARE DIGITAL SO IT WOULD JUST BE KIND OF CHOOSING TO NOT
HAVE IT PRINTED --
MS. WALSH: LIKE A CHECK-OFF BOX, MAYBE, OR
SOMETHING LIKE THAT?
MS. REYES: RIGHT, FOR IT TO NOT TO BE PRINTED ON THE
ACTUAL MEDICATION.
MS. WALSH: OKAY, VERY GOOD. SO ONE OF THE
QUESTIONS I HAD IS WOULD THIS BILL APPLY TO DOCTORS WHO ARE PROVIDING
TELEHEALTH SERVICES TO PATIENTS WHO ARE OUTSIDE OF NEW YORK STATE,
SUCH AS STATES IN WHICH ABORTION IS UNLAWFUL OR HAS BEEN RESTRICTED?
MS. REYES: IT CAN.
71
NYS ASSEMBLY JANUARY 22, 2025
MS. WALSH: IT COULD, OKAY. SO HOW WOULD THIS BILL
IMPACT LAWS REGARDING MEDICAL MALPRACTICE? SO -- WELL, LET ME ASK
THAT FIRST, MEDICAL MALPRACTICE.
MS. REYES: THAT HAS NOTHING TO DO WITH THIS. I
DON'T UNDERSTAND THE QUESTION.
MS. WALSH: OH, OKAY, OKAY. SO FOR EXAMPLE LET'S
SAY THAT A DOCTOR HERE IN NEW YORK IS WRITING A PRESCRIPTION FOR THESE
DRUGS TO SOMEBODY IN TEXAS, I DON'T KNOW, JUST TEXAS BY EXAMPLE,
SOMEPLACE ELSE, AND MAYBE IT IS THE WRONG DOSE OR IT'S -- OR IT SOMEHOW
CAUSES HARM TO THE PERSON OR THE PATIENT THAT ENDS UP TAKING IT, OF
WHATEVER KIND. I KNOW THAT THAT'S NOT USUAL.
MS. REYES: THAT'S VERY HYPOTHETICAL, AND IT'S ALSO
NOT GERMANE TO THE BILL.
MS. WALSH: THAT'S WHY HYPOTHETICALS WERE
CREATED, SO...
MS. REYES: I STILL DON'T UNDERSTAND WHAT THE
QUESTION IS. YOU'RE SAYING WOULD IT APPLY?
MS. WALSH: WHAT IF A PHYSICIAN WHO IS A
PRESCRIBER OR A DISPENSING PRACTITIONER, BY WRITING THIS PRESCRIPTION TO
SOMEBODY ENDS UP HURTING THE PATIENT AND THERE WOULD BE A POTENTIAL
MALPRACTICE CLAIM. HOW DOES THAT WORK WITH THIS?
MS. REYES: THIS DOES NOT SPEAK TO CLINICAL
MALPRACTICE OR MALFEASANCE FROM A DOCTOR. IF A DOCTOR PRESCRIBES IT
BECAUSE IT'S INDICATED, THE DOSE IS STANDARD. IT ACTUALLY USUALLY VERIFIED
BY THE PHARMACIST WHEN DISPENSING, IT HAPPENS ALL THE TIME. AND THESE
72
NYS ASSEMBLY JANUARY 22, 2025
ARE STANDARD MEDICATION WITH STANDARD DOSAGE.
MS. WALSH: ALL RIGHT. BUT LET'S SAY THAT THE -- LET'S
SAY THAT THE ERROR IS WITH THE PHARMACY, THE WAY THAT THEY FILLED IT. IN
ANY WAY, ANY WAY -- ANY HYPOTHETICAL THAT YOU WANT TO USE, LET'S
ASSUME THAT THE PATIENT IS ULTIMATELY HARMED, THEY THROW A CLOT, THEY --
I DON'T KNOW, WHATEVER, WHATEVER FILL IN THE BLANK, IT COULD BE
ANYTHING.
MS. REYES: THAT IS EXPECTED. THAT IS NOT HARM,
THAT IS ACTUALLY --
MS. WALSH: THROWING A -- OH, NOT -- NO, I MEAN
LIKE LET'S SAY THAT THEY HAVE A STROKE, SOMETHING BAD HAPPENS BECAUSE
THEY TAKE THIS MEDICATION. ARE YOU SAYING THAT NOBODY COULD EVER BE
HARMED BY THESE DRUGS, IS THAT WHAT YOU'RE SAYING?
MS. REYES: THIS BILL HAS ABSOLUTELY NOTHING TO DO
WITH -- IT DOESN'T SPEAK TO WHETHER THE MEDICATION IS HARMFUL OR NOT.
THIS IS --
MS. WALSH: YEAH.
MS. REYES: -- LITERALLY ABOUT SOMEBODY'S NAME,
SOMEBODY CHOOSING TO PUT THE PRACTICE, THEIR PRACTICE INSTEAD OF THEIR
ACTUAL NAME ON A LABEL.
MS. WALSH: I UNDERSTAND THAT. LET ME SHOW YOU
WHY I THINK THAT THIS IS AN IMPORTANT LINE OF QUESTIONING. IF WE'RE GOING
TO MAKE THE DOCTOR ANONYMOUS ON THE PRESCRIPTION BOTTLE, IF THERE IS
HARM TO THE PATIENT AFTERWARDS, HOW WILL THE PATIENT KNOW --
MS. REYES: I UNDERSTAND YOUR QUESTION.
73
NYS ASSEMBLY JANUARY 22, 2025
MS. WALSH: -- WHO TO GO AFTER FOR THE HARM THAT'S
CREATED?
MS. REYES: I UNDERSTAND YOUR QUESTION NOW.
MS. WALSH: OKAY, THANK YOU.
MS. REYES: THE DOCTOR IS NOT ANONYMOUS. SO THE
DOCTOR'S NAME IS STILL ON THE PRESCRIPTION.
MS. WALSH: OKAY.
MS. REYES: AND THE PATIENT KNOWS WHO THE DOCTOR
IS. THAT INFORMATION DOESN'T NEED TO BE PRINTED FOR IT TO PROTECT THE
PATIENT OR FOR THE PATIENT TO BE ABLE TO REACH THE DOCTOR IN CASE OF AN
EMERGENCY, OR SOMEBODY ELSE, BECAUSE THAT'S WHY WE ARE ALLOWING FOR
THE PRACTICE AND I WOULD SAY MOST OF US DON'T HAVE A DIRECT LINE TO OUR
DOCTOR, RIGHT? YOU CALL THE PRACTICE WHERE YOUR DOCTOR IS AND THE WILL
FIND YOUR RECORD AND THEY FIND WHO YOUR DOCTOR IS. SO I UNDERSTAND THE
CONCERN, BUT THAT WILL NOT IMPEDE FOR SOMEONE TO REACH THE DOCTOR IN
CASE OF AN EMERGENCY.
MS. WALSH: AND THE REASON WHY EVEN IN TELEHEALTH
THEN THE PATIENT WILL STILL KNOW WHO THE DOCTOR IS THAT AT SOME POINT
THERE IS CONTACT WITH THAT DOCTOR EVEN IF IT'S OVER ZOOM OR LIKE HOWEVER
THE TELEHEALTH --
MS. REYES: ABSOLUTELY.
MS. WALSH: -- APPOINTMENTS ARE DONE, OVER THE
PHONE. THEY'LL KNOW WHO THAT DOCTOR IS.
MS. REYES: ALWAYS, YES.
MS. WALSH: ALWAYS, OKAY. AND WHAT ABOUT -- I
74
NYS ASSEMBLY JANUARY 22, 2025
REMEMBER THAT WE'VE HAD BILLS THAT WE'VE DISCUSSED BEFORE WHERE
THERE'S A DOCTOR GIVES A BLANKET ORDER TO A PHARMACY SAYING YOU MAY
DIS -- I THINK IT MIGHT HAVE HAD TO DO MORE WITH BIRTH CONTROL, BUT IN
THOSE INSTANCES WHERE THE DOCTOR GIVES A BLANKET ORDER TO A PHARMACY
TO THEN DISTRIBUTE, IS THAT EVER DONE FOR ABORTION DRUGS OR NOT?
MS. REYES: NO.
MS. WALSH: OKAY. ALL RIGHT, SO NOT FOR LIKE --
OKAY. THAT'S GOOD TO KNOW. SO...
MS. REYES: BUT ALSO, MIFEPRISTONE AND MISOPROSTOL
ARE USED FOR OTHER THINGS. THEY HAVE OTHER INDICATIONS THAN JUST
ABORTION, SO...
MS. WALSH: OKAY, LIKE WHAT?
MS. REYES: WE USE IT FOR HYPERGLYCEMIA IN
CUSHING'S SYNDROME, WE USE IT -- PRILOSEC IS USED FOR GASTRIC ULCERS FOR
LEIOMYOMAS, THEY USE MIFEPRISTONE AS WELL. THERE ARE OTHER
INDICATIONS FOR THE DRUGS.
MS. WALSH: OKAY. OKAY. BUT I AM GLAD TO HEAR
THAT -- YOUR ANSWER WHICH IS THAT IN ANY EVENT THE PATIENT WILL BE
PROTECTED AND COULD IF NECESSARY REASON BACK AND FIGURE OUT WHO WAS IT
ACTUALLY THAT WROTE THIS FOR ME IN CASE THERE IS HARM.
MS. REYES: ABSOLUTELY, ABSOLUTELY.
MS. WALSH: OKAY. THAT'S A GOOD THING IN MY
VIEW. OKAY. SO IT'S MY UNDERSTANDING, AND CORRECT ME IF I'M WRONG,
BUT IT'S MY UNDERSTANDING THAT THERE IS ALREADY LANGUAGE IN THE
GOVERNOR'S PROPOSED BUDGET THAT IS SIMILAR TO THIS LEGISLATION; IS THAT
75
NYS ASSEMBLY JANUARY 22, 2025
CORRECT?
MS. REYES: I HAVEN'T READ IT ALL, BUT I UNDERSTAND
THERE IS.
MS. WALSH: NEITHER HAVE I.
MS. REYES: YEAH, I UNDERSTAND THERE IS.
MS. WALSH: OKAY. AND IS IT ALSO TRUE THAT AT LEAST
IN THE GOVERNOR'S PROPOSED BUDGET THAT THERE'S BEEN $20 MILLION THAT IS
IN THE BUDGET TO DEFRAY COSTS FOR ABORTION MEDICATION?
MS. REYES: I'M NOT CERTAIN, BUT THAT'S NOT GERMANE
TO THIS BILL. I HAVEN'T READ THROUGH THE DETAILS.
MS. WALSH: YEAH, NO I UNDERSTAND IT MIGHT BE A
LITTLE BIT TANGENTIAL, BUT I WAS INTERESTED IN THAT BECAUSE SOMETIMES AS
WE TAKE UP STANDALONE BILLS WHILE WE'RE WORKING THROUGH THE BUDGET
PROCESS SOMETIMES I WONDER WHY WE'RE DOING A STANDALONE BILL IF IT'S
GOING TO GET DONE, YOU KNOW, IN THE BUDGET, THAT'S WHY I WAS ASKING IT.
OKAY. LET ME JUST CHECK MY NOTES HERE AND SEE IF THERE'S ANYTHING
ELSE. AS FAR AS -- ALL RIGHT. OKAY. I THINK THAT MY QUESTIONS HAVE
BASICALLY BEEN ANSWERED, AND I THANK YOU FOR THAT. AND MADAM
SPEAKER, ON THE BILL VERY BRIEFLY.
ACTING SPEAKER HUNTER: ON THE BILL.
MS. WALSH: SO I WAS CONCERNED ABOUT THE IDEA OF
CREATING ANONYMITY WHEN IT COMES TO A PHYSICIAN'S CONDUCT, BUT I AM
GLAD TO HEAR THAT IT IS NOT REALLY ANONYMOUS. AND I CAN APPRECIATE THE
IDEA THAT THERE COULD POTENTIALLY BE REPERCUSSIONS AGAINST A PARTICULAR
DOCTOR WHEN IT COMES TO THE PRESCRIBING OF THESE PARTICULAR
76
NYS ASSEMBLY JANUARY 22, 2025
MEDICATIONS, ALTHOUGH IT WAS VERY INTERESTING TO ME THAT THEY CAN BE
USED FOR OTHER THINGS, I DIDN'T KNOW THAT.
I WOULD NOTE THAT THE AMERICAN COLLEGE OF OB-GYNS
IS IN SUPPORT OF THIS. I QUESTIONED A LITTLE BIT WHETHER THIS WAS REALLY
NECESSARY BECAUSE WE'VE ALREADY DONE SHIELD TYPE LEGISLATION IN I THINK
IT WAS IN 2023 TO PROTECT DOCTORS WHO WERE WORKING IN THIS AREA. SO TO
ME, THIS IS JUST TAKING IT AN ADDITIONAL STEP. I PERSONALLY WILL NOT BE
SUPPORTING THIS PIECE OF LEGISLATION, BUT I DO APPRECIATE THE ANSWERS TO
THE QUESTIONS THAT WERE OFFERED. THANK YOU VERY MUCH, MADAM
SPEAKER.
ACTING SPEAKER HUNTER: THANK YOU.
MR. DURSO.
MR. DURSO: THANK YOU, MADAM SPEAKER. WILL THE
SPONSOR YIELD FOR A COUPLE QUICK QUESTIONS?
ACTING SPEAKER HUNTER: WILL THE SPONSOR
YIELD?
MS. REYES: YES.
ACTING SPEAKER HUNTER: THE SPONSOR YIELDS.
MS. REYES: YES.
MR. DURSO: YEAH, I'M SORRY. THANK YOU, MS.
REYES, I APPRECIATE IT. SO JUST A QUICK QUESTION, SO - A COUPLE QUICK
QUESTIONS - YOU HAD SAID IT'S REALLY FOR THE SAFETY OF THE DOCTOR, CORRECT,
WHO IS PROVIDING THIS MEDICATION, WRITING THE PRESCRIPTION FOR ANY TYPE
OF REPRISAL, CORRECT?
MS. REYES: CORRECT.
77
NYS ASSEMBLY JANUARY 22, 2025
MR. DURSO: OKAY. NOW, WHY ARE NAMES OF
DOCTORS, PHYSICIANS, ON PRESCRIPTIONS TO BEGIN WITH?
MS. REYES: FOR NO REASON ACTUALLY. I MEAN, IF YOU
LOOK AT -- IF YOU --
MR. DURSO: IS IT A LAW? I'M SAYING IS IT A STATE
LAW, IS IT FEDERAL LAW THAT DOCTORS HAVE TO PUT THEIR NAMES ON THE
PRESCRIPTION OR NO?
MS. REYES: THERE'S CURRENTLY STATE LAW, BUT I
WOULD ADD THAT IN TERMS OF MEDICATION BEING TAKEN SAFELY AND FOR THE
SAFETY OF THE PATIENT, THE NAME IS INCONSEQUENTIAL OF THE DOCTOR.
MR. DURSO: BUT THAT'S WHY IT'S CURRENTLY THE STATE
LAW SAYING THAT DOCTORS HAVE TO PROVIDE THEIR NAME ON A PRESCRIPTION,
HAVE TO BE WRITTEN ON A PRESCRIPTION IS REALLY FOR ACCOUNTABILITY TO
ENSURE PROPER IDENTIFICATION, CORRECT? SO IF THAT'S THE NEW YORK STATE
LAW IN --
MS. REYES: FOR --
MR. DURSO: I'M SORRY, GO AHEAD.
MS. REYES: -- CONSUMER -- FOR CONSUMER
CONVENIENCE, BUT AGAIN, AND I ANSWERED THIS QUESTION PREVIOUSLY, THEY
WOULD STILL BE ABLE TO REACH THAT PRESCRIBING PHYSICIAN.
MR. DURSO: WELL, THE PERSON WHO IS TAKING THE
MEDICATION, CORRECT, WOULD BE ABLE TO REACH THE PRESCRIBING PHYSICIAN?
MS. REYES: I'M SORRY, CAN YOU REPEAT THAT?
MR. DURSO: IT'S OKAY. IF -- IT'S OKAY.
MS. REYES: NO, REPEAT THAT, IT'S FINE.
78
NYS ASSEMBLY JANUARY 22, 2025
MR. DURSO: YOU'RE SAYING THAT THE PERSON THAT'S
BEEN PRESCRIBED THE MEDICATION WILL BE ABLE TO STILL REACH THAT DOCTOR,
CORRECT?
MS. REYES: ABSOLUTELY.
MR. DURSO: RIGHT, BECAUSE THEY KNOW WHO
PRESCRIBED IT.
MS. REYES: WELL, THEY KNOW WHERE THEY GOT
MEDICAL CARE FROM, SO IF YOU REACH THAT PRACTICE --
MR. DURSO: RIGHT.
MS. REYES: -- AGAIN, THEY CAN PULL UP YOUR MEDICAL
RECORD AND SEE WHO YOUR PRESCRIBING PHYSICIAN IS. AND THAT'S THE CASE
FOR ALL OF US IN EVERY INSTANCE, WE CALL WHEN WE SEE OUR PRIMARY CARE
DOCTOR UNLESS IN THE VERY RARE CASES WHERE YOU STILL HAVE AN INDIVIDUAL
PRACTICING MEDICINE INDEPENDENTLY, BUT FOR THE MOST PART WE ALL GO TO A
PRACTICE WITH -- AN UMBRELLA WITH MULTIPLE DOCTORS, AND YOU CALL THE
PRACTICE AND THEY FIND YOUR DOCTOR.
MR. DURSO: SURE. BUT -- I GO TO A PRACTICE, BUT MY
DOCTOR'S NAME WHO PRESCRIBED IT IS STILL ON ANY MEDICATION THAT I TAKE,
SO IT'S JUST GOING TO BE FOR THESE TWO MEDICATIONS.
MS. REYES: CORRECT. AND THE PATIENT KNOWS WHO
THEIR DOCTOR IS.
MR. DURSO: I'M SORRY?
MS. REYES: THE PATIENT KNOWS WHO THEIR --
MR. DURSO: RIGHT, NO, NO; I UNDERSTAND THAT. BUT
SO THEN WHY AREN'T WE CHANGING THE LAW FOR ALL PRESCRIPTIONS?
79
NYS ASSEMBLY JANUARY 22, 2025
MS. REYES: YOU KNOW, I ACTUALLY SUGGESTED THAT AS
WELL AND MAYBE WE'LL DO THAT IN THE FUTURE BUT RIGHT NOW, I WOULD SAY
THE DOCTORS THAT ARE MOST CONCERNED ABOUT THEIR NAME BEING OUT THERE
ARE DOCTORS PRESCRIBING THESE SPECIFIC MEDICATIONS.
MR. DURSO: WELL, LET'S SAY A GROUP OF DOCTORS OR A
-- SOMEONE WANTS TO COME TO ALBANY TO ADVOCATE FOR DOCTORS THAT WANT
TO GET THEIR NAMES OFF PRESCRIPTIONS LIKE OPIOIDS.
MS. REYES: OR VIAGRA.
MR. DURSO: OR -- WELL...
MS. REYES: WELL, OPIOIDS YOU CAN'T BECAUSE THERE'S
A FEDERAL LAW THAT REQUIRES THE PRESCRIBING PHYSICIAN'S --
MR. DURSO: SO IF I'M PRESCRIBED AN OPIOID, MY
DOCTOR'S NAME DOESN'T HAVE TO BE ON IT?
MS. REYES: NO.
MR. DURSO: IN NEW YORK STATE?
MS. REYES: FOR CONTROLLED SUBSTANCES, THE
PHYSICIAN'S NAME HAS TO BE ON IT AND THAT'S FEDERAL LAW.
MR. DURSO: OKAY, SO THIS IS NOT FEDERAL LAW.
MS. REYES: NO.
MR. DURSO: OKAY. SO WE'RE JUST --
MS. REYES: BUT THIS IS NOT A CONTROLLED SUBSTANCE.
MR. DURSO: BECAUSE IT'S NOT A CONTROLLED -- AND
THAT'S WHAT I'M JUST TRYING TO UNDERSTAND. OKAY. AND THEN DO YOU
HAPPEN TO KNOW, DOES NEW YORK STATE KEEP RECORDS -- SO IN OTHER
WORDS, AND I DON'T KNOW SO I'M REALLY ASKING THIS QUESTION, DOCTORS THAT
80
NYS ASSEMBLY JANUARY 22, 2025
PROVIDE MEDICATIONS, RIGHT, IS THERE A RECORDKEEPING OF ANY WAY OF HOW
MUCH, WHETHER IT'S CONTROLLED SUBSTANCE, WHETHER IT'S THESE
MEDICATIONS, WHETHER IT'S AN ANTIBIOTIC, DO THEY KEEP RECORDS ON WHAT
DOCTORS PRESCRIBE ESSENTIALLY?
MS. REYES: YES. THE STATE EDUCATION DEPARTMENT
REQUIRES THAT AND THEY KEEP THE RECORD FOR FIVE YEARS.
MR. DURSO: OKAY. AND NOW WILL THAT STILL BE IN
THE DATABASE --
MS. REYES: CORRECT.
MR. DURSO: -- WITH THE DOCTOR'S NAME ON IT THAT'S
PRESCRIBING THIS MEDICATION?
MS. REYES: YES. YES, BECAUSE THE PRESCRIPTION
STILL HAS THE DOCTOR'S NAME. WHAT DOESN'T HAVE THE DOCTOR'S NAME IS THE
LABEL ON THE BOTTLE.
MR. DURSO: OKAY. THANK YOU, MS. REYES, I
APPRECIATE THE TIME.
MS. REYES: YOU'RE WELCOME.
MR. DURSO: THANK YOU, MADAM SPEAKER.
ACTING SPEAKER HUNTER: MR. PIROZZOLO.
MR. PIROZZOLO: THANK YOU, MADAM SPEAKER,
WOULD THE SPONSOR YIELD?
ACTING SPEAKER HUNTER: WILL THE SPONSOR
YIELD?
MS. REYES: YES.
ACTING SPEAKER HUNTER: THE SPONSOR YIELDS.
81
NYS ASSEMBLY JANUARY 22, 2025
MR. PIROZZOLO: THANK YOU. SO LISTEN, I'M
VEHEMENTLY OPPOSED TO THIS LEGISLATION NOT BECAUSE OF THE DRUGS
INVOLVED, BUT I JUST WANT TO ASK A FEW DIFFERENT QUESTIONS, AND I KNOW
YOU MIGHT THINK THAT SOME OF THE QUESTIONS WERE ANSWERED OR ASKED
ALREADY, BUT I WASN'T SURE OF THE ANSWER SO --
MS. REYES: OKAY.
MR. PIROZZOLO: -- IF YOU THINK IT'S A REPEATING
QUESTION, I'M NOT TRYING TO BADGER YOU, I JUST WANT A LITTLE BIT MORE
CLARIFICATION ON THE ANSWER. SO ONE OF THE THINGS WAS, AND MAYBE YOU
WOULD KNOW, IS THIS NEW LAW CONTRARY TO ANY OTHER FEDERAL LAW, RULE,
POLICY, OR AGENCY, OR IS IT TOTALLY DEVOID OF ANY FEDERAL RESPONSIBILITY?
MS. REYES: NO.
MR. PIROZZOLO: ARE YOU SURE?
MS. REYES: YES. AND I THINK I DID MENTION IT, THE
REQUIREMENT FOR LABELING FOR CONTROLLED SUBSTANCES UNDER FEDERAL LAW,
BUT BECAUSE THESE MEDICATIONS ARE NOT CONTROLLED SUBSTANCES, IT DOESN'T
APPLY.
MR. PIROZZOLO: OKAY. SO ONE OF MY CONCERNS IS
LIKE AN OPENING OF LIABILITIES BECAUSE YOU'RE TALKING ABOUT GOING TO
CORPORATE NAMES OR PRACTICE NAMES. I DON'T REALLY KNOW TOO MANY
PRACTICE NAMES WHERE THE NAME OF THE DOCTOR IS IN THE PRACTICE NAME,
BUT ANYWAY, YOU KNOW, I WORK WITH MEDICAL PRACTICES AND IF I WERE A
DOCTOR IN A MEDICAL PRACTICE, I MEAN I KNOW THAT WE HEARD THAT THE
OB-GYN SOCIETY OR WHATEVER THAT THEY'RE IN FAVOR OF THIS, BUT
SOMETIMES THEY COULD BE IN PRACTICE OR IN A GROUP WITH DOCTORS WHO
82
NYS ASSEMBLY JANUARY 22, 2025
ARE NOT OB-GYNS AND IF SOMETHING DOES GO WRONG, BECAUSE IT'S THE
PRACTICE NAME AS A PARTICIPATING DOCTOR OR A PARTNER IN THAT PARTICULAR
PRACTICE, DO I BECOME LIABLE IF SOMETHING WERE TO GO WRONG BECAUSE
MY PRACTICE NAME IS ON THAT PRESCRIPTION BOTTLE?
MS. REYES: NO, BECAUSE THE ACTUAL PRESCRIPTION
STILL HAS THE PRESCRIBING PHYSICIAN. THIS IS STRICTLY ABOUT WHAT'S ON THE
LABEL. AND I WOULD ASSUME THAT IF SOMEBODY WERE TO BRING UP A --
BRING A SUIT OR SOME KIND OF LITIGATION THAT THEY WOULDN'T BE GOING BY
WHAT'S PRINTED ON THE BOTTLE, THEY WOULD BE GOING BY WHAT'S ON THE
PRESCRIPTION. AND EVEN THEN, THERE ARE THINGS THAT I WOULD THINK WOULD
BE GERMANE TO LITIGATION IN TERMS OF SAFETY OF MEDICATION THAT AREN'T
PRINTED ON THE BOTTLE, BUT ARE ON THE PRESCRIPTION.
MR. PIROZZOLO: WELL, I KIND OF DISAGREE WITH THAT
BECAUSE WHEN LAWSUITS ARE BROUGHT, THEY GO AFTER EVERYBODY WHO THEY
CAN, AND BROADCASTING YOUR NAME ON THE BOTTLE IS ONE OF THEM. BUT AS
MY COLLEAGUE MENTIONED, WAS ASKED IF THIS COULD BE DONE THROUGH A
MAIL ORDER AND OUT-OF-STATE, AND YOUR RESPONSE WAS IT CAN, RIGHT, AS IN,
MAYBE, YEAH, YOU KNOW, NO BIG DEAL. SO FORGIVE ME, MY SCREEN JUST
SHRUNK HERE, BUT I WENT TO YOUR JUSTIFICATION AND IN YOUR JUSTIFICATION IT
SAYS SINCE THE SUPREME COURT'S DISASTROUS DECISION TO REVOKE THE
CONSTITUTIONAL RIGHT TO ABORTION, AND IT TALKS ABOUT THE STATES THAT HAVE
RESTRICTED ABORTION AND DON'T HAVE ABORTION. SO IT SEEMS TO ME THAT FOR
THESE THREE MEDICATIONS, THE SOLE INTENT AND PURPOSE IS TO INTERFERE IN
THE BUSINESS OR RULES AND REGULATIONS OF OTHER STATES. WHAT BUSINESS IS
IT OF NEW YORK STATE TO INTERFERE WITH ANY OTHER STATE'S LAWS?
83
NYS ASSEMBLY JANUARY 22, 2025
MS. REYES: THAT'S ACTUALLY NOT GERMANE TO THIS BILL.
MR. PIROZZOLO: IT'S EXTREMELY GERMANE, IT'S IN
YOUR JUSTIFICATION.
MS. REYES: YEAH.
MR. PIROZZOLO: YOUR JUSTIFICATION POINTS OUT
SPECIFICALLY THAT IT'S TO GO -- BE ABLE TO ALLOW THESE MEDICATIONS TO BE
SOLD TO STATES THAT HAVE RESTRICTIONS OF SOME TYPE ON ABORTION; WHY IS
THAT OUR BUSINESS?
MS. REYES: AGAIN, NOT GERMANE TO THIS BILL. THIS IS
ABOUT LABELING.
MR. PIROZZOLO: IT'S THE INTENT OF THE BILL, IT'S IN
YOUR JUSTIFICATION.
MS. REYES: IT'S BACKGROUND INFORMATION ON WHY WE
LANDED WHERE WE DID ON THE LANGUAGE, BUT IT HAS NOTHING TO DO WITH --
MR. PIROZZOLO: WELL, WE'RE GOING TO HAVE TO
AGREE TO DISAGREE.
MS. REYES: IT HAS NOTHING TO DO WITH THE LINES OF
THIS BILL.
MR. PIROZZOLO: YOU CAN FEEL THAT WAY, BUT IT SAYS
IT CLEARLY.
MS. REYES: NO, I DON'T FEEL IT, I'M READING IT.
MR. PIROZZOLO: I DISAGREE, BUT LIKE I SAID, WE CAN
AGREE TO DISAGREE. I THINK THAT MAYBE THERE'S GOING TO BE SOME
OPPOSITE INTENT HERE BECAUSE OB-GYNS OR DOCTORS WHO DO OR WOULD
PRESCRIBE THIS BILL FOR THAT INTENDED PURPOSE WOULD BE TOLD BY THEIR
84
NYS ASSEMBLY JANUARY 22, 2025
PARTNERS, I DON'T WANT YOU PRESCRIBING THIS PILL, UNLESS CORPORATIONS ARE
GOING TO BE SET UP THAT HAVE SOME ILLICIT INTENT IN MIND. SO I'M REALLY
CONCERNED. WHEN WE TALKED ABOUT SOCIETIES THAT MAYBE SUPPORT THIS,
ARE THERE ANY OTHER MEDICAL SOCIETIES THAT SUPPORT THIS OTHER THAN
OB-GYNS?
MS. REYES: PROBABLY, BUT I DON'T HAVE THAT
INFORMATION.
MR. PIROZZOLO: SO PROBABLY IS NOT -- YOU KNOW,
IT'S A YES OR NO.
MS. REYES: I DON'T HAVE THAT IN FRONT OF ME. YOU'RE
ASKING ME A QUESTION I DON'T HAVE AN ANSWER TO, BUT I'M NOT --
MR. PIROZZOLO: WELL, IT'S NOT --
MS. REYES: -- I'M SAYING IT'S VERY LIKELY, VERY
LIKELY.
MR. PIROZZOLO: I'M GOING TO HAVE TO GO WITH A
NO.
MS. REYES: BECAUSE PERHAPS AT SOME POINT, LIKE I
SAID, WE START TO GO AFTER PRESCRIBERS OF VIAGRA THAT MAYBE THOSE
DOCTORS WOULD NO LONGER WANT TO HAVE THEIR NAME PRINTED ON THE BOTTLE
OF VIAGRA.
MR. PIROZZOLO: SO THEN WHOSE IDEA WAS IT TO
WRITE THIS LEGISLATION? WAS IT YOURS, WAS IT OB-GYNS? I MEAN, THE
MEDICAL SOCIETY IS A HUGE SOCIETY, I MEAN I'M SURE THEY WOULD HAVE
SOME CONCERN.
MS. REYES: YOU'RE ASKING ME WHOSE IDEA WAS IT?
85
NYS ASSEMBLY JANUARY 22, 2025
MR. PIROZZOLO: THAT'S A GENERAL STATEMENT. IT
SEEMS TO ME THAT THIS IS TO SHIELD INDIVIDUAL PRESCRIBERS NOT IN NEW
YORK STATE, BUT IF SOMEONE FROM A STATE THAT DID HAVE RESTRICTIONS,
WHICH I'M NOT SAYING I AGREE WITH, RIGHT, BUT IF SOMEONE FROM A STATE
THAT DID HAVE A RESTRICTION, AREN'T WE PUTTING THEM IN LEGAL JEOPARDY BY
GIVING THEM THE ACCESS TO ORDER SOMETHING THROUGH THE MAIL, SHIELD OUR
DOCTOR, BUT THEN IF THEY GET THE MEDICATION, I CAN'T SAY NO ONE WHO
KNOWS WHO THE DOCTOR IS BECAUSE I GUESS UNDER SOME OF THE LAWS WE
PASSED LAST YEAR FOR CORPORATIONS, YOU CAN CERTAINLY PICK UP THE BOTTLE
AND LOOK UP THE CORPORATION AND SEE WHO'S A MEMBER OF THAT
CORPORATION, MOST LIKELY IT'S GOING TO BE THE PRESCRIBING DOCTOR SO I
DON'T, YOU KNOW, REALLY GET THE INTENT OF THAT, BUT...
MS. REYES: DO YOU HAVE A QUESTION FOR ME?
MR. PIROZZOLO: WELL, ARE WE PUTTING THE PERSON
WHO IS ORDERING THIS THROUGH THE MAIL IN SOME SORT OF A LEGAL JEOPARDY?
MS. REYES: NO.
MR. PIROZZOLO: THANK YOU.
ON THE BILL, PLEASE, MADAM SPEAKER.
ACTING SPEAKER HUNTER: ON THE BILL.
MR. PIROZZOLO: SO LISTEN, I THINK I'VE STATED
ENOUGH REASONS, AND I HOPE THAT THERE ARE OTHER PEOPLE LISTENING THAT
WOULD CONSIDER THAT, YOU KNOW, FROM THE JUSTIFICATION OF THIS BILL, THIS
SEEMS TO BE AN OPPORTUNITY TO PRESIDENTIAL-PROOF TO THE STATE, YOU
KNOW, IF YOU WILL. AND, LISTEN, I DON'T HAVE A PROBLEM WITH THE
PRESCRIPTIONS OR THE MEDICATIONS, BUT BEING ABLE TO SELL THEM AND
86
NYS ASSEMBLY JANUARY 22, 2025
INTERFERE WITH OTHER STATE'S BUSINESSES OR OTHER STATE'S COMMERCE OR
OTHER STATE'S LAWS AND TRY TO CIRCUMVENT THAT I THINK IS A VERY BIG
PROBLEM. WE CERTAINLY WOULDN'T WANT OTHER STATES PASSING A BILL THAT
WOULD BE CONTRARY TO THE LAWS THAT WE HAVE HERE IN NEW YORK STATE. I
DO THINK IT PUTS THE PERSON IN DOUBLE JEOPARDY WHERE IF THEY CAN'T GET
THAT MEDICATION IN THEIR OWN STATE, TO ORDER IT OUT-OF-STATE AND HAVE IT
SHIPPED IN, THAT'S ILLEGAL FOR THEM TO DO THAT. SO WE'RE GIVING A
PATHWAY TO CITIZENS OF OTHER STATES TO BREAK THEIR OWN STATE'S LAW. I
THINK THAT'S WRONG AND WE SHOULDN'T BE DOING IT. THANK YOU, MADAM.
I WILL BE VOTING NO.
ACTING SPEAKER HUNTER: MS. GIGLIO.
MS. GIGLIO: THANK YOU, MADAM SPEAKER. WILL THE
SPONSOR YIELD?
ACTING SPEAKER HUNTER: WILL THE SPONSOR
YIELD?
MS. REYES: YES.
ACTING SPEAKER HUNTER: THE SPONSOR YIELDS.
MS. GIGLIO: THANK YOU. SO IS THE LICENSE NUMBER
AND THE STATE OF THE PRESCRIBING DOCTOR ON THE PRESCRIPTION BOTTLE, OR IS
IT JUST A BLANK PRESCRIPTION WHERE ANYBODY CAN JUST MAKE A BLANK
PRESCRIPTION?
MS. REYES: NO, THIS ISN'T ABOUT THE PRESCRIPTION.
THE PRESCRIPTION -- THE SCRIPT CONTINUES TO BE THE SAME AND I'M ALMOST
CERTAIN THAT THE LICENSE NUMBER IS NOT PRINTED ON THE LABEL OF THE
PRESCRIPTION, BUT THAT WOULD STILL BE ON THE -- IT'S NOT PRINTED ON THE
87
NYS ASSEMBLY JANUARY 22, 2025
LABEL OF THE MEDICATION, BUT IT'S STILL ON THE PRESCRIPTION AND WE'RE NOT
INTERFERING WITH THAT. THE LICENSE NUMBER STILL NEEDS TO BE ON THAT,
ADDRESS, STATE, NAME OF PRESCRIBER.
MS. GIGLIO: OKAY, SO IT'S JUST WHEN THAT
PRESCRIPTION IS SENT TO ANOTHER STATE THAT MAY HAVE ANTI-ABORTION LAWS
THAT THE DOCTOR'S NAME DOES NOT GET PRINTED.
MS. REYES: NO. NO. IT IS WHEN THE PRESCRIPTION IS
BEING FILLED AND THE LABEL IS BEING PRINTED THAT'S BEING PUT ON THE
PRESCRIPTION THAT THE DOCTOR'S NAME IS OMITTED IF THEY CHOOSE TO HAVE IT
OMITTED. BUT THE ACTUAL SCRIPT, WHICH IS THE DOCUMENT THAT -- THE LEGAL
DOCUMENT, I WOULD SAY, THAT HAS THE LICENSE NUMBER, THE SIGNATURE OF
THE PRESCRIBER, NONE OF THAT IS TOUCHED, THAT CONTINUES TO BE AS IT IS; IT IS
THE SAME.
MS. GIGLIO: SO WHAT WOULD PRECLUDE ANOTHER STATE
WITH ANTI-ABORTION LAWS FROM CREATING A LAW FOR PHARMACISTS WHO FILL
PRESCRIPTIONS WITHOUT A DOCTOR'S NAME OR LICENSE NUMBER ON THE BOTTLE,
WHAT WOULD PRECLUDE OTHER STATES FROM SAYING, I'M SORRY, PHARMACIST,
YOU'RE LICENSED TO FILL PRESCRIPTIONS, BUT WE ARE GOING TO CREATE A LAW
THAT YOU CANNOT PRINT A PRESCRIPTION UNLESS IT HAS THE DOCTOR'S NAME ON
THE SCRIPT.
MS. REYES: WE'RE ONLY TALKING ABOUT NEW YORK. I
DON'T -- OTHER STATES CAN LEGISLATE AS THEY WISH, BUT...
MS. GIGLIO: NO, I KNOW, BUT WE'RE TRYING TO ALLOW
DOCTORS IN NEW YORK TO BE DOCTORS AND PRESCRIBING DOCTORS FOR OTHER
STATES. I UNDERSTAND WHAT THE INTENT OF THE BILL IS --
88
NYS ASSEMBLY JANUARY 22, 2025
MS. REYES: NO, THE INTENT OF THE BILL IS TO HAVE
THEM CHOOSE NOT HAVE THEIR NAME PRINTED ON THE BOTTLE AND, INSTEAD,
USE THE NAME OF THEIR PRACTICE.
MS. GIGLIO: SO SOMEONE GOES ON A TELEHEALTH FROM
ANOTHER STATE THAT'S AN ANTI-ABORTION STATE AND THEY GO ON A TELEHEALTH
AND THEY GET A PRESCRIPTION DRUG AND THEY TAKE THE PILL AND ALL OF A
SUDDEN THE -- IF THERE IS A BABY INSIDE, THE BABY IS, YOU KNOW, THEY'RE
NO LONGER ALIVE INSIDE OF THE WOMAN'S BODY. AND THEN THAT WOMAN
GETS AN INFECTION OR A DISEASE AND THEY DON'T SURVIVE THE INFECTION. I
MEAN, WE'VE HEARD MANY TIMES IN THE CHAMBER WHERE PEOPLE DON'T
WANT TO GO TO THE DOCTORS BECAUSE THEY GO AND THEY SAY, YOU KNOW, I'M
READY TO GIVE BIRTH AND THEY SAY GO HOME, TAKE A BATH, AND THEN ALL OF A
SUDDEN, YOU KNOW, THEY HAVE A MISCARRIAGE OR THEY HAVE, YOU KNOW,
SOMETHING TERRIBLE THAT HAPPENS DURING THAT PREGNANCY. SO WHAT
WOULD -- HOW, IF THE PERSON THAT GOT THE PRESCRIPTION TO THEM PASSES
AWAY FROM THE PRESCRIPTION AND THEY'RE THE ONLY ONES THAT HAVE ACCESS
TO THEIR DOCTOR AND TO THAT TELEHEALTH INFORMATION, HOW WOULD ANYBODY
KNOW, LIKE, WHAT THAT PERSON MAY HAVE PASSED AWAY FROM IF AN AUTOPSY
WASN'T DONE TO DETERMINE THAT THEY HAD THAT DRUG INSIDE OF THEIR BODY?
MS. REYES: IT WOULD -- IT WOULD TAKE ME LONGER
THAN 15 MINUTES TO RESPOND TO ALL OF THOSE ASSERTIONS THAT ARE NOT BASED
ON SCIENCE, FIRST OF ALL, AND NOT HOW MEDICINE WORKS.
MS. GIGLIO: I'M JUST SAYING A DOCTOR FROM NEW
YORK -- OKAY, YOU SAID YOU CAN'T ANSWER IT --
MS. REYES: I'M TRYING TO -- I JUST -- NO, IT'S NOT THAT I
89
NYS ASSEMBLY JANUARY 22, 2025
CAN'T ANSWER IT, IT'S THAT THERE ARE SO MANY THINGS THAT ARE NOT BASED ON
FACT THAT WERE BEFORE THE QUESTION THAT IT'S HARD FOR ME TO TRY AND
ANSWER THE QUESTION. SO CAN YOU JUST ASK ME THE QUESTION, PLEASE.
MS. GIGLIO: SURE. SO I AM -- I LIVE IN AN
ANTI-ABORTION STATE. I CALL A DOCTOR IN NEW YORK, I SAY, CAN YOU GIVE
ME AN ABORTION PILL? I TAKE THE FIRST PILL, BECAUSE YOU HAVE TO TAKE
ANOTHER ONE SEVEN DAYS LATER, RIGHT? SO I TAKE THE ABORTION PILL AND THE
FIRST ONE MAKES ME SO SICK THAT THE BABY IS INSIDE OF ME. SO I GET AN
INFECTION BECAUSE THE BABY IS NO LONGER ALIVE INSIDE OF ME. I GET AN
INFECTION AND I DON'T GO TO A HOSPITAL, I DON'T GO ANYWHERE FOR CARE --
MS. REYES: THAT'S USUALLY HAPPENS WHEN
SOMEBODY IS NOT -- IS DENIED AN ABORTION, THE INFECTION, NOT WITH THE
ABORTION. THE DENIAL OF THE ABORTION CAUSES THE INFECTION, BUT I
GUESS --
MS. GIGLIO: SO YOU'RE SAYING -- IF I CAN FINISH MY
QUESTION, PLEASE.
MS. REYES: I'M TRYING TO ANSWER, I'M TRYING TO
ANSWER.
MS. GIGLIO: BUT YOU DIDN'T LET ME FINISH MY
QUESTION.
MS. REYES: GO AHEAD.
MS. GIGLIO: MADAM SPEAKER, SHE DIDN'T LET ME
FINISH MY QUESTION.
ACTING SPEAKER HUNTER: OKAY, WE'RE GOING
TO ASK, THEN ANSWER.
90
NYS ASSEMBLY JANUARY 22, 2025
MS. GIGLIO: THANK YOU.
ACTING SPEAKER HUNTER: THANK YOU.
MS. GIGLIO: SO I TAKE THE FIRST PILL AND I HAVE A
DEAD FETUS INSIDE OF MY STOMACH. AND I DON'T GO ANYWHERE TO A DOCTOR
FOR WHATEVER REASON, AND I DIE. HOW WOULD ANYBODY KNOW WHO
PRESCRIBED THAT MEDICATION FROM ANOTHER STATE?
MS. REYES: I'M GOING TO TRY TO ANSWER THIS QUESTION
FOR YOU. IF SOMEBODY NEEDS TO REACH THE PRESCRIBING PHYSICIAN, THEY
CAN REACH THE PRACTICE, AND THAT INFORMATION WILL BE INDEED ON THE LABEL
OF THE MEDICATION.
MS. GIGLIO: BUT HOW DOES ANYBODY KNOW WHAT
THAT PERSON PASSED AWAY FROM?
MS. REYES: EVEN IF YOU'RE TRYING TO ASSERT THAT IT'S
FROM THOSE MEDICATIONS, WHICH IT'S NOT.
MS. GIGLIO: NO, FROM THE BABY INSIDE OF ME.
MS. REYES: WHICH IT'S NOT, WHICH IS NOT, THEY WILL
-- ANY CLINICIAN WILL KNOW WHAT TO DO IN CASE OF AN EMERGENCY.
MS. GIGLIO: OKAY, EVEN IF THEY'RE NO LONGER ALIVE.
MS. REYES: IF YOU GO TO AN EMERGENCY ROOM WE --
AND YOU ARE UNRESPONSIVE, WE WILL EVALUATE YOU AND TREAT YOU, BUT
THAT'S NOT THE QUESTION AND THAT'S NOT GERMANE TO THIS BILL. YOUR
QUESTION IS CAN THEY REACH THE PRESCRIBING PHYSICIAN, AND THE ANSWER IS
YES.
MS. GIGLIO: NO, IT'S NOT, NOT IF YOU'RE NOT ALIVE AND
BREATHING AND YOU'RE THE ONLY ONE THAT ACCESS TO YOUR DOCTORS.
91
NYS ASSEMBLY JANUARY 22, 2025
MS. REYES: THAT WOULDN'T MAKE A DIFFERENCE EVEN
IF THIS WAS PRESCRIBED BY A PERSON -- BY A PHYSICIAN IN THAT STATE WITH A
NAME. IT WOULDN'T MAKE A DIFFERENCE.
MS. GIGLIO: OKAY. THANK YOU, MADAM SPEAKER,
THANK YOU, SPONSOR. I DON'T BELIEVE MY QUESTIONS WERE ANSWERED, BUT I
JUST DON'T BELIEVE -- I BELIEVE IN TRANSPARENCY WITH DOCTORS.
ACTING SPEAKER HUNTER: ARE YOU ON THE BILL?
MS. GIGLIO: ON THE BILL.
ACTING SPEAKER HUNTER: ON THE BILL.
MS. GIGLIO: I BELIEVE IN TRANSPARENCY WHEN IT
COMES TO DOCTORS AND THEIR LICENSE TO PRESCRIBE DRUGS WITHOUT ANY
KNOWING THE HISTORY OF A PATIENT THAT THEY'RE PRESCRIBING THESE DRUGS TO
OUT-OF-STATE. AND I BELIEVE THAT DOCTORS HAVE VERY HIGH MALPRACTICE
INSURANCE RATES TO PROTECT IF THERE IS HARM, AS MY COLLEAGUES SPOKE
ABOUT EARLIER, AND I DON'T BELIEVE THAT THESE PROTECTIONS FOR DOCTORS TO
NOT BE TRANSPARENT AS TO THEIR LICENSE INFORMATION TO A PHARMACIST THAT
IS EXPECTED TO FILL THIS PRESCRIPTION IN AN ANTI-ABORTION STATE. SO FOR
THOSE REASONS, I'LL BE VOTING NO ON THE BILL. THANK YOU.
ACTING SPEAKER HUNTER: THANK YOU.
MR. MCDONALD.
MR. MCDONALD: THANK YOU, MADAM SPEAKER.
ON THE BILL.
ACTING SPEAKER HUNTER: ON THE BILL.
MR. MCDONALD: SO JUST AS A PRACTITIONER, I JUST
WANT TO GIVE SOME CLARIFYING COMMENTS, MAYBE PEOPLE CAN VISUALIZE
92
NYS ASSEMBLY JANUARY 22, 2025
THIS A LITTLE BIT BETTER. NEW YORK STATE'S ACTUALLY ONE OF THE FEW STATES
THAT REQUIRES ALMOST EVERY SINGLE PRESCRIPTION, IRREGARDLESS OF WHAT IT
IS, TO BE TRANSMITTED ELECTRONICALLY. AND WHEN A PRESCRIPTION IS
TRANSMITTED ELECTRONICALLY, IT GOES FROM THE PROVIDER, WHETHER IT'S A
DOCTOR, NURSE PRACTITIONER, OR PA, INTO A HUB THAT GOES RIGHT TO THE
PHARMACY. IT IS A VERY SECURE, SECURE PROCESS; AS YOU KNOW, IT'S
COVERED BY HIPPA. WHEN IT'S TRANSMITTED, THERE ARE LITERALLY
THOUSANDS OF DIFFERENT FIELDS UNDER WHAT'S CALLED NCPDP. NOT GOING
TO BORE YOU WITH THE EXACT EXPLANATION, BUT FIELDS COME THROUGH LIKE
FIRST NAME OF THE PATIENT, LAST NAME, DATE OF BIRTH, AND THEN YOU GET
DOWN TO PRESCRIBING PHYSICIAN. SOMETIMES THERE'S A SUPERVISING
PHYSICIAN IF IT'S A HOSPITAL. AND THEN YOU ALSO GET TO ANOTHER FIELD
CALLED MEDICAL PRACTICE. THIS BILL THAT THE SPONSOR HAS BEEN DEBATING
NOW FOR THE LAST HALF AN HOUR, 45 MINUTES, BASICALLY SAYS INSTEAD OF THE
FIELD THAT SAYS PRESCRIBING PHYSICIAN, JUST IF THE PRESCRIBING PHYSICIAN
REQUESTS IT, YOU, THE PHARMACIST, HAVE THE ABILITY TO PUT IN AND ARE
REQUIRED TO PUT IN THE NAME OF THE PRACTICE. THAT'S IT. NO PHARMACIST
IN NEW YORK STATE CAN FILL A PRESCRIPTION WITHOUT A PROPER PRESCRIPTION
BEING SUBMITTED, WHICH INCLUDES THE NAME OF THE PHYSICIAN, THE
PRACTICE, THEIR LICENSE, THEIR ID NUMBER.
AND IN THE UNFORTUNATE CIRCUMSTANCE REGARDLESS OF
WHAT THE PRESCRIPTION IS, WHETHER IT'S MIFEPRISTONE, WHETHER IT'S
AMOXICILLIN, IF THERE'S AN ADVERSE IMPACT AND THERE IS INJURY TO THE
PATIENT, DISCOVERY PROVIDES THE OPPORTUNITY FOR ANYBODY IN THE LEGAL
FIELD TO PURSUE AN ACTION IF THEY CHOOSE SO.
93
NYS ASSEMBLY JANUARY 22, 2025
SO I JUST OFFER THAT INFORMATION AS CLARIFICATION. THIS
BILL IS ACTUALLY MUCH MORE SIMPLER, BUT I WILL SAY THAT BECAUSE IN OTHER
STATES THEY DON'T FOLLOW ELECTRONIC PRESCRIBING AS MUCH, WE DID BACK
WHEN WE WERE DEALING WITH THE OPIOID CRISIS, THIS IS WHY WE DID IT.
WE DID IT BECAUSE TOO MANY PEOPLE WERE GETTING ACCESS TO OPIOIDS BY
PRESCRIBERS, AND THAT'S WHY PEOPLE WERE DYING. THIS ALSO HAS BEEN A
GREAT FRAUD DETERRENT, TO BE ABSOLUTELY HONEST WITH YOU.
SO IF WE FOCUS ON THE BASIC PRINCIPLE OF THIS BILL, IT'S
THE PRACTICE IS BEING SUBSTITUTED FOR THE PRESCRIBER, BUT EVERYTHING THAT
PEOPLE NEED IF THINGS GO SOUTH IS (INAUDIBLE). THANK YOU.
ACTING SPEAKER HUNTER: THANK YOU.
(APPLAUSE)
MR. NOVAKHOV.
MR. NOVAKHOV: THANK YOU, MADAM SPEAKER.
WOULD THE SPONSOR YIELD FOR A COUPLE QUESTIONS?
ACTING SPEAKER HUNTER: WILL THE SPONSOR
YIELD?
MS. REYES: YES.
ACTING SPEAKER HUNTER: THE SPONSOR YIELDS.
MR. NOVAKHOV: THANK YOU, MS. REYES. HOW
MANY CASES OF SAFETY ISSUES FOR DOCTORS HAVE YOU SEEN OVER THE STATE IN
RECENT YEARS BECAUSE THEIR NAMES APPEARED ON THE BOTTLE?
MS. REYES: HOW MANY, I'M SORRY?
MR. NOVAKHOV: HOW MANY CASES OF SAFETY
ISSUES, SO WE'RE REMOVING THE NAME OF THE DOCTOR BECAUSE OF SOME
94
NYS ASSEMBLY JANUARY 22, 2025
SAFETY ISSUES FOR THE DOCTOR, RIGHT --
MS. REYES: MM-HMM.
MR. NOVAKHOV: -- IS THAT CORRECT?
MS. REYES: SAFETY CONCERNS.
MR. NOVAKHOV: SAFETY CONCERNS, WHATEVER YOU
CALL IT. SO HOW MANY CASES OF THOSE SAFETY CONCERNS HAVE WE SEEN OR
YOU'VE SEEN OVER THE YEARS, OVER THE RECENT YEARS IN NEW YORK STATE
BECAUSE THE NAMES OF THOSE DOCTORS APPEARED ON THE BOTTLE?
MS. REYES: I MEAN, WE DON'T HAVE THAT DATA BUT
ALSO, WE HAVEN'T -- WE DON'T HAVE THAT DATA.
MR. NOVAKHOV: SO LIKE, ONE, TWO, TEN, 200,
2,000?
MS. REYES: WE DON'T HAVE THAT DATA.
MR. NOVAKHOV: THANK YOU. THANK YOU.
ON THE BILL, MADAM SPEAKER. THANK YOU.
ACTING SPEAKER HUNTER: ON THE BILL.
MR. NOVAKHOV: SO FIRST OF ALL, WE'RE TRYING TO
CREATE A NEW LEGISLATION WITHOUT HAVING ANY STATISTICS, SO WE HAVE NO
IDEA HOW MANY CASES OF SAFETY CONCERNS OR ISSUES WERE IN NEW YORK
STATE OVER THE RECENT YEARS, THAT'S MY NUMBER ONE PROBLEM WITH THIS
LEGISLATION. MY SECOND PROBLEM, LADIES AND GENTLEMEN, IMAGINE A
SITUATION WHEN A CAREGIVER OF AN ELDERLY PERSON WITH LET'S SAY MEMORY
PROBLEMS, MEMORY LOSS, IS TRYING TO ORDER A REFILL FOR THIS PERSON AND
SHE CAN'T BECAUSE THERE'S NO INFORMATION ON THE BOTTLE, OR THERE ARE SIDE
EFFECTS AND THE CAREGIVER DOESN'T KNOW HOW TO GET IN TOUCH WITH THE
95
NYS ASSEMBLY JANUARY 22, 2025
DOCTOR. AND THIS IS JUST ONE EXAMPLE OF THE PROBLEMS THAT CAN ARISE
BECAUSE OF THIS LEGISLATION, AND FOR THIS REASON I'M IN THE NEGATIVE.
THANK YOU.
ACTING SPEAKER HUNTER: READ THE LAST
SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER HUNTER: A PARTY VOTE HAS
BEEN REQUESTED.
MS. WALSH.
MS. WALSH: THANK YOU, MADAM SPEAKER. THE
REPUBLICAN CONFERENCE WILL GENERALLY BE IN THE NEGATIVE ON THIS
LEGISLATION, BUT IF MEMBERS WOULD LIKE TO VOTE YES, THEY CAN CERTAINLY
DO SO AT THEIR DESKS. THANK YOU.
ACTING SPEAKER HUNTER: THANK YOU.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MADAM
SPEAKER. THE -- I'D LIKE TO REMIND MY COLLEAGUES THAT THIS IS A PARTY
VOTE AND THE MAJORITY MEMBERS WILL BE RECORD IN THE AFFIRMATIVE. IF
YOU HAVE ANY DESIRE TO BE AN EXCEPTION, YOU WILL NEED TO BE IN YOUR
SEAT AND CAST YOUR VOTE AT THE SEAT. THANK YOU SO MUCH.
ACTING SPEAKER HUNTER: THANK YOU.
THE CLERK WILL RECORD THE VOTE.
(THE CLERK RECORDED THE VOTE.)
MR. PIROZZOLO TO EXPLAIN HIS VOTE.
MR. PIROZZOLO: THANK YOU, MADAM SPEAKER. I
96
NYS ASSEMBLY JANUARY 22, 2025
WOULD JUST LIKE TO SAY THAT FROM THIS DISCUSSION, I FEEL AS IF I HAVE BEEN
LIED TO. WE TALK ABOUT WHAT THE INTENT OF THIS BILL IS AND AS THE SPONSOR
HAD SAID, IT'S SIMPLY TO REMOVE THE NAME FROM A BOTTLE. I POINTED TO THE
JUSTIFICATION THAT WAS WRITTEN, AND I'M GOING TO GO TO ONE OF THE LAST
SENTENCES IN THE SECOND PARAGRAPH THAT SAYS, THANKS TO NEW YORK'S
SHIELD LAW, PROVIDERS BASED IN NEW YORK ARE ABLE TO HELP PATIENTS
BASED IN HOSTILE STATES EACH MONTH HELPING WOMEN WHO MAY NOT
OTHERWISE BE ABLE TO ACCESS CARE.
NOW, I DON'T CARE WHAT THE DRUGS ARE, I DON'T CARE
WHAT THEIR INTENT IS, WHAT I DO CARE IS THAT NEW YORK STATE IS STICKING
ITS BUSINESS INTO OTHER STATES AND FOR ME, THAT'S A VERY BIG PROBLEM. SO
I THINK THAT I FEEL THAT I HAVE BEEN LIED TO BECAUSE I HAVE BEEN TOLD THAT
IT'S SIMPLY TO REMOVE THE NAME, BUT IT'S NOT SIMPLY TO REMOVE THE NAME.
IT'S SO THAT WE CAN DO BUSINESS IN OTHER STATES THAT THAT STATE HAS
DEEMED ILLEGAL. SO I'M EXPLAINING THAT THAT IS WHY I'M AGAINST IT AND I
URGE MY COLLEAGUES TO VOTE AGAINST IT, TOO.
ACTING SPEAKER HUNTER: MR. PIROZZOLO IN THE
NEGATIVE.
MR. NOVAKHOV TO EXPLAIN HIS VOTE.
MR. NOVAKHOV: THANK YOU, MADAM SPEAKER.
SO TO EXPLAIN MY VOTE. SO WHY DOCTOR'S NAME IS TYPICALLY WRITTEN ON
PRESCRIPTION OR MEDICATION FOR SEVERAL IMPORTANT REASONS, LEGAL AND
MEDICAL RESPONSIBILITY. THE DOCTOR'S NAME INDICATES THAT THEY'RE THE
AUTHORIZED PRESCRIBER AND RESPONSIBLE FOR DETERMINING THE APPROPRIATE
MEDICATION AND DOSAGE FOR THE PATIENT. THIS HELPS ENSURE PROPER
97
NYS ASSEMBLY JANUARY 22, 2025
TREATMENT AND ACCOUNTABILITY. IDENTIFICATION AND VERIFICATION IN CASE OF
ANY ISSUES WITH THE MEDICATION SUCH AS SIDE EFFECTS OR QUESTIONS ABOUT
THE USE, THE DOCTOR CAN BE CONTACTED FOR CLARIFICATION. IT ALSO HELPS
PHARMACISTS VERIFY THAT THE PRESCRIPTION IS LEGITIMATE AND PROPERLY
ISSUED. PREVENTING MISUSE OR ERRORS BY INCLUDING THE DOCTOR'S NAME, IT
HELPS ENSURE THAT ONLY THE INTENDED PATIENTS RECEIVE THE CORRECT
MEDICATION. IT ALSO HELP PHARMACISTS CONFIRM THAT THE PRESCRIPTION IS
VALID AND NOT A MISTAKE OR FORGED DOCUMENT. FOR THIS REASON, I VOTED
NO. THANK YOU FOR LETTING ME EXPLAIN MY VOTE. THANK YOU.
ACTING SPEAKER HUNTER: THANK YOU. MR.
NOVAKHOV IN THE NEGATIVE.
MS. LUNSFORD TO EXPLAIN HER VOTE.
MS. LUNSFORD: I SPENT A FAIR AMOUNT OF MY CAREER
AS A MEDICAL MALPRACTICE ATTORNEY DEFENDING HOSPITALS, DEFENDING
DOCTORS, AND ALSO BRINGING CLAIMS. NOT ONCE DID I EVER USE A
PRESCRIPTION LABEL TO DETERMINE WHO THE PARTIES WERE IN ANY SORT OF
LAWSUIT. THIS BILL HAS NOTHING TO DO WITH TORT LAW. IT HAS NOTHING TO DO
WITH THE COMMERCE CLAUSE. THIS BILL LISTS THE APPROPRIATE ENTITY FOR
YOU TO CONTACT WITH YOUR HIPPA RELEASE FORM TO GET INFORMATION IF YOU
FOR SOME REASON NEED THE PRESCRIPTION BOTTLE AT ALL. I HAVE NOT HEARD
ONE EXAMPLE THAT IS A COMMISSIONABLE MEDICAL MALPRACTICE CLAIM
AGAINST A PRESCRIBER FROM ANY OF THE NONSENSICAL, INSANE SCENARIOS THAT
HAVE BEEN PROFFERED ON THIS FLOOR. I AM GOING TO SPONTANEOUSLY
COMBUST BECAUSE I CANNOT SIT HERE AND LISTEN TO FANCIFUL, IMAGINARY
THINGS FROM PEOPLE WHO CLEARLY DON'T UNDERSTAND MEDICAL MALPRACTICE
98
NYS ASSEMBLY JANUARY 22, 2025
BECAUSE THEY CAN'T EVEN ASK THE QUESTION. THIS BILL SAYS INSTEAD OF
DOCTOR SO AND SO, IT SAYS PULSIFER MEDICAL ASSOCIATES. YOU CAN JUST
CALL PULSIFER MEDICAL ASSOCIATES AND THEY WILL TELL YOU THE INFORMATION
YOU NEED. IT DOESN'T CHANGE THE CPLR, IT DOESN'T CHANGE FEDERAL LAW,
IT'S JUST A NAME ON A BOTTLE. SWEET FANCY MOSES. THANK YOU, AND I
VOTE IN THE AFFIRMATIVE.
(APPLAUSE)
ACTING SPEAKER HUNTER: MS. LUNSFORD IN THE
AFFIRMATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MADAM SPEAKER, DO YOU
HAVE ANY FURTHER HOUSEKEEPING OR RESOLUTIONS?
ACTING SPEAKER HUNTER: RESOLUTION NO. 29,
THE CLERK WILL READ.
THE CLERK: ASSEMBLY RESOLUTION NO. 29, MS.
RAJKUMAR. LEGISLATIVE RESOLUTION COMMEMORATING THE 400TH
ANNIVERSARY OF THE CITY OF NEW YORK, NEW YORK TO BE CELEBRATED IN
2025.
ACTING SPEAKER HUNTER: MS. RAJKUMAR ON
THE RESOLUTION.
MS. RAJKUMAR: THANK YOU, MADAM SPEAKER.
TODAY I RISE TO INTRODUCE MY RESOLUTION TO COMMEMORATE THE 400TH
99
NYS ASSEMBLY JANUARY 22, 2025
ANNIVERSARY OF NEW YORK CITY. NEW YORK CITY, A CITY UNLIKE ANY
OTHER, THE BEATING HEART OF THE GLOBE. FOR 400 YEARS, NEW YORK CITY
HAS BEEN A MAGNET FOR PEOPLE FROM ACROSS THE WORLD, FOR REFUGEES
SEEKING FREEDOM FROM PERSECUTION, FOR DREAMERS LOOKING FOR
OPPORTUNITY, FOR STRIVERS HOPING FOR A CHANCE TO BE SOMETHING GREATER
THAN THEMSELVES.
NEW YORK CITY, THE GREAT MELTING POT, HOME TO SOME
OF THE LARGEST DIASPORIC COMMUNITIES IN THE WORLD ACROSS ITS FIVE
BOROUGHS, WHERE PEOPLE OF EVERY BACKGROUND AND FAITH LIVE
SIDE-BY-SIDE ON THE SAME BLOCK WITH MUTUAL RESPECT. NEW YORK CITY,
THE CITY OF DREAMS, THE FINANCIAL CAPITAL OF THE WORLD, THE ECONOMIC
ENGINE OF OUR STATE, WHERE THE GDP OF $1.2 TRILLION, THE WORLD'S TWO
LARGEST STOCK EXCHANGES, AND MORE FORTUNE 500 COMPANIES THAN ANY
OTHER CITY.
AS NEW YORKERS, WE HAVE UNPARALLELED RESILIENCE.
WE FACE DOWNED A BRITISH INVASION, FISCAL CRISIS, TERRORIST ATTACKS,
NATURAL DISASTERS, AND A GLOBAL PANDEMIC. AND EVERY SINGLE TIME, WE
HAVE TRIUMPHED AND OVERCOME. NEW YORK CITY, THE CENTER OF THE
UNIVERSE. AS WE CELEBRATE THIS EXTRAORDINARY MILESTONE OF 400 YEARS, I
ASK YOU, WHAT ABOUT THE NEXT 400 YEARS? WHAT WILL THE NEXT 400 YEARS
BE? WILL WE MEET THE CHALLENGES OF TODAY? POVERTY, THE AFFORDABILITY
CRISIS, HATE, WAR, HUNGER, THE CLIMATE CRISIS, WITH THE SAME TRIUMPHANT
SPIRIT OF THE LAST 400 YEARS. FOUR HUNDRED YEARS FROM NOW WHEN
PEOPLE DIG UP THIS VIDEO OF ME SPEAKING IN THE STATE ASSEMBLY
ARCHIVES, WHAT WILL THEY SAY WE DID TO KEEP NEW YORK CITY THE
100
NYS ASSEMBLY JANUARY 22, 2025
GREATEST CITY IN THE WORLD?
I'D LIKE TO THANK MY COLLEAGUES FROM NEW YORK CITY
FOR JOINING ON THIS RESOLUTION. SO PLEASE JOIN US TO COMMEMORATE NEW
YORK CITY'S 400TH ANNIVERSARY AND TO COMMIT TO ENSURING THAT IT
REMAINS THE GREATEST CITY IN THE WORLD. THANK YOU, MADAM SPEAKER.
ACTING SPEAKER HUNTER: THANK YOU.
ON THE RESOLUTION, ALL THOSE IN FAVOR SIGNIFY BY SAYING
AYE; OPPOSED, NO. THE RESOLUTION IS ADOPTED.
RESOLUTION NO. 43, THE CLERK WILL READ.
THE CLERK: ASSEMBLY RESOLUTION NO. 43, MR.
LAVINE. LEGISLATIVE RESOLUTION HONORING THE LIFE AND LEGACY OF
CHARLES DOLAN, A VISIONARY TELECOMMUNICATIONS MOGUL AND TIRELESS
ADVOCATE FOR PANCREATIC CANCER RESEARCH.
ACTING SPEAKER HUNTER: MR. LAVINE ON THE
RESOLUTION.
MR. LAVINE: THANK YOU, MADAM SPEAKER. I AM
RISING TO RECOGNIZE THE LIFE OF CHARLES FRANCIS DOLAN WHO SADLY PASSED
AWAY ON DECEMBER THE 28TH, 2024 AT THE AGE OF 98. HE WAS A
ONE-OF-A-KIND BUSINESSMAN WHO MADE HIS PRESENCE KNOWN ACROSS THE
GLOBE THROUGH HIS INNOVATION AND IMPACT ON THE ENTERTAINMENT FIELD.
HIS ACCOMPLISHMENTS ARE MANY, BUT HE MAY BE KNOWN MOST FOR
FOUNDING HBO AND CABLEVISION.
IT'S A DAUNTING TASK TO TRY TO CAPTURE THE LIFE OF THE
INCOMPARABLE MR. DOLAN IN THIS SHORT PERIOD OF TIME, BUT I'M GOING TO
TRY MY BEST TO HONOR HIS LEGACY AS A GREAT NEW YORKER. HE WAS BORN
101
NYS ASSEMBLY JANUARY 22, 2025
TO HUMBLE BEGINNINGS IN CLEVELAND, OHIO IN 1926. HIS EXPOSURE TO
ENTREPRENEURSHIP BEGAN AT AN EARLY AGE THROUGH HIS FATHER, DAVID.
DAVID WAS AN ENGINEER WHO INVENTED AN ANTI-THEFT DEVICE THAT WAS
PURCHASED BY THE FORD MOTOR COMPANY. DAVID UNFORTUNATELY PASSED
AWAY WHEN MR. DOLAN WAS A TEENAGER, BUT HE WOULD CARRY ON HIS
FATHER'S VISIONARY SPIRIT. HE BRAVELY SERVED IN THE UNITED STATES ARMY
AIR CORPS DURING THE SECOND WORLD WAR BEFORE LEAVING OHIO AND
MOVING TO NEW YORK CITY AT THE AGE OF 26 - EXCUSE ME - TO BEGIN HIS
REVOLUTIONARY CAREER. HE FOUNDED CABLEVISION IN 1973, AND IT'S THANKS
TO HIS DILIGENCE AND GROUNDBREAKING IDEAS, THAT COMPANY CHANGED,
LITERALLY CHANGED THE ENTERTAINMENT AND TELECOMMUNICATIONS INDUSTRY.
THEN IN 1994, CABLEVISION ACQUIRED MADISON SQUARE
GARDEN AND ITS PROFESSIONAL SPORTS TEAMS, THE KNICKS, GO KNICKS, AND
THE RANGERS - GO ISLANDERS --
(LAUGHTER)
-- FURTHER EXPANDING MR. DOLAN'S INDELIBLE IMPACT INTO
THE LIVE ENTERTAINMENT WORLD AND THE LIVES OF COUNTLESS NEW YORK
SPORTS FANS - EXCUSE ME. MR. DOLAN WAS NOT ONLY A TRAILBLAZER IN THE
BUSINESS WORLD, BUT MOST IMPORTANTLY HE WAS A DEDICATED FAMILY MAN.
HE WAS A DEVOTED HUSBAND TO HIS WIFE, HELEN. THEY WERE MARRIED FOR
72 YEARS BEFORE SHE PASSED AWAY IN 2023. HE WAS ALSO A LOVING AND
PROUD FATHER, GRANDFATHER, AND GREAT-GRANDFATHER. HE'S SURVIVED BY HIS
SIX CHILDREN, 19 GRANDCHILDREN, AND FIVE GREAT-GRANDCHILDREN.
HIS LEGACY IN THE ENTERTAINMENT INDUSTRY ENDURES WITH
HIS FAMILY'S DEDICATION TO CARRY ON HIS GREATNESS. THEY CONTINUE TO
102
NYS ASSEMBLY JANUARY 22, 2025
WORK HARD TO CHANGE THE WORLD THE WAY HE DID BY EMBRACING
CUTTING-EDGE TECHNOLOGIES. MR. DOLAN WAS ALSO A PASSIONATE
PHILANTHROPIST AND A CO-FOUNDER OF THE LUSTGARTEN FOUNDATION, A
NON-PROFIT DEDICATED TO FINDING A CURE FOR PANCREATIC CANCER, NAMED
AFTER CABLEVISION EXECUTIVE MARK LUSTGARTEN. THROUGH MR. DOLAN'S
GENEROUS PHILANTHROPIC CONTRIBUTIONS, THE FOUNDATION IS NOW THE
LARGEST PRIVATE FUNDER OF PANCREATIC CANCER RESEARCH IN THE WORLD. HIS
CHARITABLE ACTIONS WERE NOT DONE FOR RECOGNITION OR PRAISE, BUT IN 2017
HE AND HIS WIFE, HELEN, DID RECEIVE THE DOUBLE HELIX MEDAL, AN AWARD
WHICH RECOGNIZES EXCEPTIONAL INDIVIDUALS WHO HAVE DEDICATED THEIR
LIVES TO RAISING AWARENESS OF THE IMPORTANCE OF GENETICS RESEARCH FOR
IMPROVING THE HEALTH OF PEOPLE EVERYWHERE.
HIS IMPACT ACROSS THE COUNTRY AND SPECIFICALLY ON OUR
STATE DESERVES TO BE COMMEMORATED. I KNOW THAT THIS BODY WILL JOIN
TOGETHER TO RECOGNIZE THE REMARKABLE LIFE OF CHARLES DOLAN. THANK
YOU.
ACTING SPEAKER HUNTER: THANK YOU, MR.
LAVINE.
ON THE RESOLUTION, ALL THOSE IN FAVOR SIGNIFY BY SAYING
AYE; OPPOSED, NO. THE RESOLUTION IS ADOPTED.
WE HAVE A NUMBER OF RESOLUTIONS WE WILL TAKE UP
WITH ONE VOTE, FINE RESOLUTIONS HERE. ALL THOSE IN FAVOR SIGNIFY BY
SAYING AYE; OPPOSED, NO. THE RESOLUTIONS ARE ADOPTED.
(WHEREUPON, ASSEMBLY RESOLUTION NOS. 30-37, 41
AND 42 WERE UNANIMOUSLY ADOPTED.)
103
NYS ASSEMBLY JANUARY 22, 2025
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MADAM SPEAKER, I NOW
MOVE THAT THE ASSEMBLY STAND ADJOURNED UNTIL THURSDAY, JANUARY THE
23RD, TOMORROW BEING A LEGISLATIVE DAY, AND THAT WE RECONVENE AT 2
P.M., JANUARY THE 27TH, MONDAY BEING A SESSION DAY.
ACTING SPEAKER HUNTER: THANK YOU, MRS.
PEOPLES-STOKES. ON YOUR MOTION, THE HOUSE STANDS ADJOURNED.
(WHEREUPON, AT 5:08 P.M., THE ASSEMBLY STOOD
ADJOURNED UNTIL THURSDAY, JANUARY 23RD, THURSDAY BEING A LEGISLATIVE
DAY, AND TO RECONVENE ON MONDAY, JANUARY 27TH AT 2:00 P.M., MONDAY
BEING A SESSION DAY.)
104