§ 2180 — Definitions

§ 2180. Definitions. As used in this title the following terms shall\nhave the following meanings:\n 1. "Contact tracing" means COVID-19 case investigation and\nidentification of case individuals and contact individuals.\n 2. (a) "Contact tracer" and "contact tracing entity" means an\nindividual or entity employed by or under contract with the state, a\nlocal government, a state or local governmental entity, or an agent\nthereof, to conduct contact tracing, engage in contact tracing, or\nreceive contact tracing information.\n (b) A contact tracer or contact tracing entity shall not include a\nservice provider that is a non-governmental entity that is employed by\nor under contract with a contact tracing entity or an agent thereof,\nthat receives, transmits, maintains, stores, or hosts contact tracing\ninformation at the direction of a contact tracer or contact tracing\nentity so long as such service provider's access to the information is\nexclusively limited to the maintenance of the information and the\ncontact tracer or contact tracing entity has the ability to delete and\nmanage contact tracing information as provided by this chapter, law,\nrules or regulations. A service provider under this paragraph shall be\nreferred to in this title as a "designated non-governmental entity." A\nservice provider that does not meet the requirements of this paragraph\nand would otherwise be subject to paragraph (a) of this subdivision\nshall be a contact tracing entity.\n 3. "Contact tracing information" means any information that includes\nor can reveal the identity of any case individual or contact individual,\nand any COVID-19-related information or test results, received or\ncollected for the purpose or in the course of contact tracing.\n 4. "Contact individual" means an individual who has or may have come\nin contact with a case individual or who has or may have been exposed to\nand possibly infected with COVID-19.\n 5. " Case individual" means an individual with a confirmed or probable\ndiagnosis of COVID-19.\n 6. "COVID-19" means infection with or the disease caused by the severe\nacute respiratory syndrome coronavirus 2 (SARS-CoV-2).\n 7. "Immigration authority" means any entity, officer, employee, or\ngovernment employee or agent thereof charged with or engaged in\nenforcement of the federal Immigration and Nationality Act, including\nthe United States Immigration and Customs Enforcement, United States\nDepartment of Homeland Security, or United States Customs and Border\nProtection, or agent, contractor or employee thereof, or any successor\nlegislation or entity.\n 8. "De-identified" means, in relation to contact tracing information,\nthat the information cannot identify or be made to identify or be\nassociated with a particular individual, directly or indirectly and is\nsubject to technical safeguards and policies and procedures that prevent\nre-identification, whether intentionally or unintentionally, of any\nindividual.\n 9. "Law enforcement agent or entity" means any governmental entity or\npublic servant, or agent, contractor or employee thereof, authorized to\ninvestigate, prosecute, or make an arrest for a criminal or civil\noffense (except a designated civil offense), or engaged in any such\nactivity, but shall not mean the department, the commissioner, a health\ndistrict, a county department of health, a county health commissioner, a\nlocal board of health, a local health officer, the department of health\nand mental hygiene of the city of New York, or the commissioner of the\ndepartment of health and mental hygiene of the city of New York. As used\nin this subdivision, "designated civil offense" means a civil offense or\noffenses designated by the commissioner (or the commissioner of the New\nYork city department of health and mental hygiene in the case of contact\ntracing information collected by or under authority of the New York city\ndepartment of health and mental hygiene or the New York city health and\nhospitals corporation).\n 10. "Support" means resources or services provided to an individual to\nenable such individual to safely quarantine or isolate, including\ngrocery, meal or pharmacy delivery, laundry services, child or elder\ncare, pet walking, assistance with telephone, internet, or other\ncommunication services or devices, health and mental health services,\nlegal services, provision of appropriate living space for individuals\nwho cannot isolate or quarantine at home, and income replacement.\n"Support" may also include support provided to other individuals for\nwhom the individual commonly provides those resources or services.\n 11. "Permitted purpose" means:\n (a) disclosure to appropriate health care providers or their personnel\nfor the purpose of the clinical diagnosis, care or treatment of the case\nindividual or contact individual who is the subject of the information,\nwhere an emergency exists and the individual is in immediate need of\nmedical attention and an attempt to secure consent would result in delay\nof treatment which would increase the risk to the individual's life or\nhealth;\n (b) facilitating a legally-authorized public health-related action,\nwhere and only to the extent necessary to protect the public health in\nrelation to COVID-19; or\n (c) use or disclosure of contact tracing information to pursue a legal\naction in relation to a violation of this title; provided that\ndisclosure shall be subject to in camera review and approval by the\ncourt, and, if the use is initiated by a party other than the case\nindividual or contact individual who is the subject of the contact\ntracing information, the information must be highly material and\nrelevant for the purpose.\n 12. "Covered entity" means a governmental entity or a place of public\naccommodation, resort or amusement, as defined in section two hundred\nninety-two of the executive law.\n 13. "Physical immunity passport" means a credential that identifies an\nindividual as having received a COVID-19 vaccine or a COVID-19 test\nresult that does not rely on a digital or electronic device. Physical\nimmunity passports include, but are not limited to, pieces of paper\ndenoting immunity status.\n