Privacy bill could delay essential services for vulnerable New Yorkers
Every day, United Way and 211 New York provide an invaluable service to the state’s most vulnerable individuals. Communities rely on the guidance 211 provides to ensure individuals are aware of the resources they need to tackle life’s challenges.
From Buffalo to Montauk, New Yorkers rely on the critical work 211 does to connect them to community-based organizations and government services that help with food insecurity, mental health, disaster management, housing, and other resources. We connect people with the resources they need to address problems before they become crises.
But a bill passed by the Legislature this year threatens nonprofits’ and community organizations’ ability to connect individuals to these critical services. The New York Health Information Privacy Act seeks to protect New Yorkers’ sensitive health information, an intention that we wholeheartedly support. But despite its best intentions, the bill is deeply flawed, overly broad, and incompatible with how human-services nonprofits function. As written, it will unintentionally create barriers for millions of people to the essential services they rely on, which are provided by nonprofits like local United Ways and 211. For these reasons, Governor Hochul must veto this bill.
New Yorkers turn to us when they need help. Yet under this bill’s ambiguous and sweeping definitions, routine information shared to connect individuals to services could suddenly be considered “regulated health data.” Processing an individual’s information to share with another party, such as a shelter, food bank, or youth group, would require multiple consent authorizations that could only be provided by the individual 24 hours after the requested service. This includes details like food allergies or disability accommodation. A 24-hour delay is not simply an inconvenience for an individual seeking help; it is a crisis.
The complex and costly compliance mandates imposed by this legislation will strangle nonprofit safety net organizations, many of which operate on small budgets and depend on volunteers. Infrastructure upgrades, consent workflows, new audit systems, and data segregation are significant operational costs that will inhibit community organizations from providing vital services to our most vulnerable. This legislation does not differentiate between tech-industry data practices and the essential, compassionate work of community service providers – it pushes the same mandates on every business and organization.
United Ways across the state tackle food insecurity by connecting families to nutritious meals and expanding local food access. During the holiday season, safety-net providers, food banks, shelters, and intervention services are stretched to their limits. But regardless of the season, there is no time to spare when it comes to assisting individuals and families in crisis. Recent cuts to food assistance benefits have further exacerbated needs, and New York must not enact a law that will jeopardize our ability to help people in crisis when they need it most.
The New York Health Information Privacy Act was passed at the beginning of the legislative session without any public hearings on the topic or in-depth conversations about the broad impact this would have on our communities. We must protect people’s sensitive health data from being weaponized, but we must get it right.
A bill meant to protect privacy should not deepen hardship or push struggling New Yorkers further into crisis. Because of that, we urge Governor Hochul to veto this bill.
Therese Daly, President and CEO, United Way of New York State;
Patrick Dewine, Executive Director, United Way of Greater Oswego County;
Tom Gabriel, President & CEO, United Way of Westchester and Putnam;
Sue Litera, President & CEO, United Way of Mohawk Valley;
Elizabeth Monaco, Executive Director, United Way of Mid Rural New York; and
Jeannie Montano, President & CEO, United Way of the Dutchess-Orange Region
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