WASHINGTON, D.C., JANUARY 30, 2025 – ATA Action is calling for The Honorable Kathy Hochul, Governor of New York State, to collaborate with stakeholders to amend the New York Health Information Privacy Act (S929/A2141), which could create chilling effects on patient access and engagement with telehealth services. ATA Action is the American Telemedicine Association’s affiliated trade association focused on advocacy.
“While we strongly support protections for sensitive health information, this legislation imposes unworkable obligations and compliance requirements that exceed HIPAA and other existing state and federal regulatory frameworks,” said Kyle Zebley, senior vice president, public policy, the ATA and executive director, ATA Action. “Multiple privacy experts have explained that this proposed bill would inadvertently create confusion and undue burden for both patients and healthcare entities, especially telehealth services, if allowed to pass as written.
“This bill would put stringent requirements on health data for New York residents or anyone ‘physically present’ in the state, impacting any business, anywhere, that touches health data in any way, including a multitude of telehealth providers now delivering care to New Yorkers across the state,” Zebley added. “This extensive jurisdictional scope may discourage digital health companies from operating in or moving to New York, harming innovation and access to healthcare.”
In a letter to Governor Hochul, ATA Action outlined its specific concerns with key provisions in the proposed legislation:
- Authorization Requirements: The Act mandates excessive authorizations for routine and beneficial uses of health data, unlike HIPAA, making it harder to maintain patient engagement, provide seamless care coordination, or improve products and services
- 24-Hour Wait Period for Authorization: This arbitrary delay will disrupt patient care workflows and burdens providers unnecessarily
- Broad Definitions: The overly expansive definitions of “regulated health information” and “regulated health entities” complicates compliance and could restrict awareness of care options, especially for stigmatized conditions. Health information would include a patient’s health data, and any data used to infer an individual’s health, potentially overburdening patients while restricting health entities’ efforts to educate residents about their care options.
- Limiting Access for NY Patients and Beyond: As written, the Act could arbitrarily limit the ability of providers and other online healthcare entities, including organizations with a New York presence, to communicate with current or potential residents, including patients across the country.
“We urge Governor Hochul to collaborate with stakeholders to amend the New York Health Information Privacy Act, to avoid unintended consequences that would put undue burden on telehealth providers and potentially limit access and awareness to needed care. ATA Action stands ready to support the development of practical and forward-thinking privacy legislation that balances patient safety, access to care, and data privacy,” Zebley said.
Read the ATA’s Health Data Privacy Principles, that ensure telehealth practices meet standards for patient safety, data privacy, and information security, while advancing patient access and building awareness of telehealth practices. For additional background, read a blog post by Aaron Maguregui, co-chair of the ATA’s Health Data Work Group’s Privacy Committee: New York’s Proposed Health Information Privacy Act Takes Aim at Digital Health Companies
About the ATA
As the only organization completely focused on advancing telehealth, the American Telemedicine Association is committed to ensuring that everyone has access to safe, affordable, and appropriate care when and where they need it, enabling the system to do more good for more people. The ATA represents a broad and inclusive member network of leading healthcare delivery systems, academic institutions, technology solution providers and payers, as well as partner organizations and alliances, working to advance industry adoption of telehealth, promote responsible policy, advocate for government and market normalization, and provide education and resources to help integrate virtual care into emerging value-based delivery models.
About ATA Action
ATA Action recognizes that telehealth and virtual care have the potential to transform the healthcare delivery system by improving patient outcomes, enhancing the safety and effectiveness of care, addressing health disparities, and reducing costs. ATA Action is a registered 501c6 entity and an affiliated trade organization of the American Telemedicine Association (ATA).