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