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.)





























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