NY State Senate Bill 2025-S9512

Current Bill Status - In Senate Committee Health Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 19, 2026	referred to health

2025-S9512 (ACTIVE) - Details

Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Add Art 49-B §§4930 - 4933, Pub Health L

2025-S9512 (ACTIVE) - Summary

Enacts the oversight of health programs act to allow for certain members of the legislature to request records related to any vendor contracted with the state to facilitate in the administration or delivery of any publicly subsidized health program.

2025-S9512 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9512

SPONSOR: RIVERA
 
TITLE OF BILL:

An act to amend the public health law, in relation to enacting the over-
sight of health programs act

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to enhance legislative oversight of publicly
subsidized health programs to ensure taxpayer funds are being used as
efficiently and effectively as possible.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 establishes the title of the bill as the Oversight of Health
Programs Act (OHPA).

Section 2 establishes a new article 49-B of the public health law that
includes four new sections 4930, 4931, 4932, and 4933 with this article.

The new section 4930 establishes new definitions including "vendor," and
"publicly subsidized health program," which includes child health plus,
Medicaid, Medicare, basic health program, qualified health plans
provided through New York state of health, and any healthcare services
provided through a successor program, or an associated federal waiver to
any of the programs identified by this subdivision.  This section also
establishes a definition of "trade secret" modelled after current feder-
al law, 18 USC § 1839(3).

The new section 4931 establishes a process for record requests from
vendors providing services in conjunction with the operation and deliv-
ery of a public health program. This section authorizes the Temporary
President of the Senate, the Speaker of the Assembly, the chairs of
either the Senate or Assembly Health Committees, the chair of the Senate
committee on Investigations and Government Operations, and the Chair of
the Assembly Oversight, Analysis and Investigation committee to request
and receive records from either the Commissioner of Health (COH) or a
vendor. A records request is required to not be overly broad in its
nature. Record requests are required to be completed and returned within
ten business days. A failure to produce the records with this timeframe
would trigger reporting requirements to the requesting party detailing
the reason for the delay and a delay beyond 20 business days would also
trigger reporting to either the Temporary President of the Senate or the
Speaker of the Assembly depending on which house of the Legislature
initially submitted the request. The Requesting party or the respective
Legislative leader is authorized to grant an extension to complete the
records request of up to 40 days total from the date the request was
originally submitted.

The new section 4932 establishes a requirement for the vendor to identi-
fy if any of the requested records or a portion thereof are trade
secrets, and the rationale for such designation. Such trade secrets
would still be disclosed as part of the records request but the party
that received them would be prohibited from disclosing trade secrets
except where explicitly authorized by applicable state or federal law.


The new section 4933 would require all prospective contracts with
vendors to include a specific provision related to compliance with this
article.

Section 3 establishes a severability clause,

Section 4 establishes a 90 day effective date and clarifies that the
language of this bill also applies to existing contracts so long as the
current contract does not contain explicit contrary terms in addition to
applying to all new or amended contracts .

 
JUSTIFICATION:

The New York State Constitution reserves varied and extensive powers for
the Legislature. The most important is that which permits the Senate and
Assembly to propose laws, within the limits of the Federal Constitution
and certain Federal statutes and treaties. The Legislature, through its
varied functions, is intended to act as an independent body to provide
checks and balances for the other branches of government to help ensure
that the best interests of the State's residents are represented. This
role of oversight also requires the Legislature to make informed deci-
sions. In order to do that, the Legislature needs to be able to request
and receive the information necessary to operate with the full context
of an issue. A lack of access to this information significantly delays
the ability of the body to respond to real world events with informed
decisions and public policy that potentially affect millions of New
Yorkers.  Though the Legislature has the ability to compel such informa-
tion through a subpoena, this process should only be required if there
is a refusal to provide requested information, or if there is reason to
believe that information is being inappropriately withheld.

Even with the Legislature's current powers, there have been concerns
that private entities who are contracted with the state withhold basic
operational information from the state despite federal protections for
trade secrets. Healthcare is one of the biggest budgetary expenses and
the Legislature is required to approve these appropriations as well as
establish laws to govern the operation of various programs. No entity
should be able to shield access to information about government program
operations, even sensitive information, from the duly elected represen-
tatives of the people of New York.

This bill is a codification of the enumerated powers that the Legisla-
ture already has under the State constitution. This bill provides
protections to prohibit overly broad requests, to prevent the Legisla-
ture from fishing for information, and ensures that any trade secrets
that are received pursuant to this new article are protected in align-
ment with current federal standards for the handling of such informa-
tion. This bill is focused on appropriations and policies under the
State Department of Health (DOH) for health programs that are publicly
subsidized by the state and operated by contracted private entities, so
the Legislature may perform their oversight duties and make informed
decisions that are in the best interest of New Yorkers.

 
PRIOR LEGISLATIVE HISTORY:

New Legislation

 
FISCAL IMPLICATIONS:
Undetermined.

 
EFFECTIVE DATE:
90 days after it shall have become a law.

2025-S9512 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9512
 
                             I N  S E N A T E
 
                              March 19, 2026
                                ___________
 
 Introduced  by  Sen.  RIVERA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Health
 
 AN ACT to amend the public health law, in relation to enacting the over-
   sight of health programs act
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Short  title. This act shall be known and may be cited as
 the "oversight of health programs act".
   § 2. The public health law is amended by adding a new article 49-B  to
 read as follows:
                               ARTICLE 49-B
                       OVERSIGHT OF HEALTH PROGRAMS
 SECTION 4930. DEFINITIONS.
         4931. RECORD REQUESTS.
         4932. TRADE SECRETS.
         4933. CONTRACT TERMS
   §  4930.  DEFINITIONS.  AS  USED  IN THIS ARTICLE, THE FOLLOWING TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   1. "VENDOR" SHALL MEAN ANY  ENTITY  THAT  HAS  A  DIRECT  OR  INDIRECT
 CONTRACTUAL  OBLIGATION  WITH  THE STATE FOR THE DELIVERY OF ANY GOOD OR
 SERVICE.
   2. "PUBLICLY SUBSIDIZED HEALTH PROGRAM" SHALL INCLUDE:
   (A) CHILD HEALTH PLUS;
   (B) MEDICAID;
   (C) MEDICARE;
   (D) BASIC HEALTH PROGRAM;
   (E) QUALIFIED HEALTH PLANS PROVIDED THROUGH NEW YORK STATE OF  HEALTH;
 AND
   (F)  ANY  HEALTHCARE SERVICES PROVIDED THROUGH A SUCCESSOR PROGRAM, OR
 AN ASSOCIATED FEDERAL WAIVER TO ANY OF THE PROGRAMS IDENTIFIED  BY  THIS
 SUBDIVISION.
   3.  "RECORDS"  SHALL  INCLUDE, BUT NOT BE LIMITED TO, BOOKS, ACCOUNTS,
 JOURNALS,  LEDGERS,  COMMUNICATIONS,  MANUALS,  RATES,  FEES,  ANALYSIS,
 FISCAL MODELING, CLAIMING INSTRUCTIONS, OR CONTRACTUAL AGREEMENTS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD14351-02-6
 S. 9512                             2
 
   4.  "TRADE  SECRET" SHALL MEAN ALL FORMS AND TYPES OF FINANCIAL, BUSI-
 NESS,  SCIENTIFIC,  TECHNICAL,  ECONOMIC,  OR  ENGINEERING  INFORMATION,
 INCLUDING  PATTERNS,  PLANS,  COMPILATIONS,  PROGRAM  DEVICES, FORMULAS,
 DESIGNS,  PROTOTYPES,  METHODS,   TECHNIQUES,   PROCESSES,   PROCEDURES,
 PROGRAMS, CODES, OR OTHER INFORMATION THAT:
   (A)  HAS  INDEPENDENT  ECONOMIC  VALUE,  ACTUAL OR POTENTIAL, FROM NOT
 BEING GENERALLY KNOWN, AND NOT BEING  READILY  ASCERTAINABLE  BY  PROPER
 MEANS,  BY  OTHER PERSONS WHO CAN OBTAIN PRIVATE ECONOMIC VALUE FROM ITS
 DISCLOSURE OR USE; AND
   (B) THE OWNER THEREOF HAS  TAKEN  REASONABLE  MEASURES  TO  KEEP  SUCH
 INFORMATION SECRET.
   § 4931. RECORD REQUESTS. 1. NOTWITHSTANDING ANY OTHER PROVISION OF LAW
 TO  THE  CONTRARY, THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF
 THE ASSEMBLY, THE CHAIR OF THE SENATE STANDING COMMITTEE ON HEALTH,  THE
 CHAIR OF THE ASSEMBLY HEALTH COMMITTEE, THE CHAIR OF THE SENATE STANDING
 COMMITTEE  ON  INVESTIGATIONS AND GOVERNMENT OPERATIONS, OR THE CHAIR OF
 THE ASSEMBLY OVERSIGHT, ANALYSIS AND INVESTIGATION COMMITTEE MAY REQUEST
 AND SHALL RECEIVE RECORDS RELATED TO  ANY  VENDOR  CONTRACTED  WITH  THE
 STATE  TO  FACILITATE  IN THE ADMINISTRATION OR DELIVERY OF ANY PUBLICLY
 SUBSIDIZED HEALTH PROGRAM IN ACCORDANCE  WITH  THE  PROVISIONS  OF  THIS
 ARTICLE. SUCH RECORD REQUEST MUST ALSO INCLUDE A REFERENCE TO THIS ARTI-
 CLE OF LAW.
   2.  SUCH RECORDS MAY BE REQUESTED AND RECEIVED BY THE COMMISSIONER, OR
 THE VENDOR.
   3. A RECORDS REQUEST PURSUANT TO THIS  SECTION  SHALL  NOT  BE  OVERLY
 BROAD IN ITS NATURE.
   4.  RECORDS REQUESTED PURSUANT TO THIS SECTION SHALL BE TRANSMITTED TO
 THE REQUESTING PARTY WITHIN TEN BUSINESS DAYS OF THE REQUEST, NOT COUNT-
 ING THE BUSINESS DAY IT WAS REQUESTED.
   5. IF THE COMMISSIONER OR A VENDOR THAT WAS THE RECIPIENT  OF  SUCH  A
 RECORDS  REQUEST  IS  UNABLE TO PRODUCE THE RECORDS REQUESTED WITHIN TEN
 BUSINESS DAYS, THEY SHALL NOTIFY THE REQUESTING PARTY IN WRITING AS SOON
 AS PRACTICABLE AND PROVIDE AN EXPLANATION AS TO WHY THEY ARE  UNABLE  TO
 PRODUCE SUCH MATERIALS WITHIN SUCH TIMEFRAME.
   6.  IF  THE  COMMISSIONER  OF HEALTH OR A VENDOR HAS FAILED TO PRODUCE
 SUCH RECORDS WITHIN A TOTAL OF TWENTY  BUSINESS  DAYS  OF  THE  ORIGINAL
 REQUEST,  NOT  COUNTING  THE  BUSINESS  DAY IT WAS REQUESTED, THEY SHALL
 NOTIFY THE REQUESTING PARTY  IN  WRITING  AS  SOON  AS  PRACTICABLE  AND
 PROVIDE  A  WRITTEN  EXPLANATION AS TO WHY THEY REMAIN UNABLE TO PRODUCE
 SUCH MATERIALS; PROVIDED, HOWEVER, THAT SUCH NOTIFICATION SHALL ALSO  BE
 FORWARDED TO EITHER THE TEMPORARY PRESIDENT OF THE SENATE, OR THE SPEAK-
 ER  OF  THE  ASSEMBLY,  DEPENDING  ON WHICH HOUSE OF THE LEGISLATURE THE
 REQUEST ORIGINATED FROM, IF THEY WERE NOT THE PARTY THAT  INITIATED  THE
 RECORDS REQUEST.
   7.  THE  PARTY  REQUESTING  RECORDS, OR THE TEMPORARY PRESIDENT OF THE
 SENATE OR THE SPEAKER OF THE ASSEMBLY, DEPENDING ON WHICH HOUSE  OF  THE
 LEGISLATURE  THE  REQUEST ORIGINATED FROM, MAY GRANT THE COMMISSIONER OR
 VENDOR AN EXTENSION TO MEET THE RECORDS REQUEST.  SUCH  EXTENSION  SHALL
 NOT  EXCEED A TOTAL OF FORTY BUSINESS DAYS FROM THE DATE OF THE ORIGINAL
 REQUEST, NOT COUNTING THE BUSINESS DAY IT WAS REQUESTED.
   § 4932. TRADE SECRETS. 1. THE VENDOR SHALL BE RESPONSIBLE FOR  IDENTI-
 FYING  IF  ALL  OR  A  PORTION OF THE RECORDS REQUESTED ARE CONSIDERED A
 TRADE SECRET INCLUDING A BRIEF DESCRIPTION OF WHY  SUCH  RECORDS,  OR  A
 PORTION  THEREOF, MEET THE DEFINITION OF A TRADE SECRET PURSUANT TO THIS
 ARTICLE.
 S. 9512                             3
 
   2. IF THE RECORDS WERE REQUESTED FROM THE  COMMISSIONER,  THE  COMMIS-
 SIONER  SHALL  BE  RESPONSIBLE FOR HAVING THE VENDOR REVIEW AND IDENTIFY
 SUCH TRADE SECRETS.
   3.  ANY  RECORDS,  OR A PORTION THEREOF, THAT MEET THE DEFINITION OF A
 TRADE SECRET PURSUANT TO THIS ARTICLE SHALL BE  CONSIDERED  CONFIDENTIAL
 AND  SHALL  NOT  BE  DISCLOSED BY THE PARTY THAT HAS RECEIVED SUCH TRADE
 SECRET AS PART OF A REQUEST MADE PURSUANT TO SUBDIVISION ONE OF  SECTION
 FORTY-NINE  HUNDRED  THIRTY-ONE OF THIS ARTICLE, EXCEPT AS AUTHORIZED OR
 REQUIRED BY APPLICABLE STATE OR FEDERAL LAW.
   § 4933. CONTRACT TERMS. ANY CONTRACT WITH  A  VENDOR  MADE  AFTER  THE
 EFFECTIVE DATE OF THIS ARTICLE SHALL INCLUDE EXPLICIT PROVISIONS RELATED
 TO  RECORD  REQUESTS  PURSUANT  TO THIS ARTICLE AND REQUIRED COMPLIANCE,
 PROVIDED HOWEVER THAT SUCH PROVISIONS MAY BE INCLUDED THROUGH A RIDER OR
 ADDENDUM TO SUCH CONTRACT.
   § 3. Severability. If any clause, sentence, paragraph, section or part
 of this act shall be adjudged by any court of competent jurisdiction  to
 be  invalid  and  after  exhaustion  of all further judicial review, the
 judgment shall not affect, impair or invalidate the  remainder  thereof,
 but  shall  be  confined in its operation to the clause, sentence, para-
 graph, section or part of this act directly involved in the  controversy
 in which the judgment shall have been rendered.
   §  4.  This  act shall take effect on the ninetieth day after it shall
 have become a law  and  shall  apply  to  all  contracts  entered  into,
 renewed,  modified or amended on or after such effective date; provided,
 however, that the provisions of this act shall additionally apply to all
 contracts existing on such effective date where such existing  contracts
 do  not  contain terms contrary to the provisions of article 49-B of the
 public health law as added by section two of this act.

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Senate Bill S9512

Sponsored By

Current Bill Status - In Senate Committee Health Committee

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2025-S9512 (ACTIVE) - Details

2025-S9512 (ACTIVE) - Summary

2025-S9512 (ACTIVE) - Sponsor Memo

2025-S9512 (ACTIVE) - Bill Text download pdf

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Sponsored By

Gustavo Rivera

Current Bill Status - In Senate Committee Health Committee

Actions

2025-S9512 (ACTIVE) - Details

2025-S9512 (ACTIVE) - Summary

2025-S9512 (ACTIVE) - Sponsor Memo

2025-S9512 (ACTIVE) - Bill Text download pdf

Comments