New York State Adds Health Care Geofencing Prohibition, Taking a More Measured Approach Than Washington’s Similar Ban

As part of the health budget bill signed by Governor Hochul in early May, New York has amended its General Business Law, introducing a prohibition on geofencing of health care facilities that goes into effect on July 2, 2023 – just three weeks before a similar ban in Washington state. This addition to the General Business Law makes it illegal for anyone other than the health care facility itself to establish or use a geofence or similar virtual boundary around any health care facility to (1) deliver digital advertisements to, (2) create profiles of, or (3) make any inferences about the health status, medical condition, or medical treatment of any person at or within the health care facility.

For purposes of the amendment, a health care facility is any public or private entity that provides medical care or related services. This definition explicitly includes hospitals, nursing homes, mental health care facilities, and services provided to individuals with developmental disabilities, but many other types of medical

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