NY A05161

Establishes patient right to privacy regarding broadcasting of recognizable image or speech during medical treatment in health care facilities, requiring express written consent on a separate document prior to broadcasting.

Permits broadcasting without consent only for advancing patient's health care treatment, quality assurance programs, education or training of health care personnel, or necessary security purposes.

Defines "health care facility" to include residential health care facilities, general hospitals, free-standing ambulatory care facilities, diagnostic/treatment centers, clinics, and ambulance services.

Grants patients the right to know about and refuse broadcasting for education or training purposes, with legal guardians authorized to provide consent or refusal if patient lacks capacity.

Creates private right of action allowing individuals or their estate representatives to recover damages for violations and permits courts to award reasonable attorneys' fees to prevailing plaintiffs.