Assembly approves adult vaccine‑reporting bill that replaces opt‑in with opt‑out registry notice

The Assembly on Wednesday approved legislation that would make adult immunization reporting routine in New York unless a patient explicitly opts out, moving vaccine reporting for people 19 and older closer to the opt‑in practice already used for children.

Assemblyman John McDonald, sponsor of Assembly bill 765, said the measure changes the language on existing provider forms so that patients are informed of the right to opt out, rather than requiring affirmative opt‑in. “What we’re doing is changing the language… rather than ‘do you want it shared,’ it will say ‘do you decline to share,’” he explained, adding that the Department of Health would not need new forms and that the change is intended to prevent unnecessary repeat vaccinations.

Members on both sides pressed the sponsor about privacy safeguards and operational details. Assemblyman Jensen asked whether the shift would “be a departure from the existing health care privacy provisions” and whether patients would be notified about their opt‑out rights; McDonald said the law would not sacrifice privacy, that access to the NYSIS registry would be limited to authorized users with health‑commerce accounts, and that the Department of Health would use its regulation and provider‑memo process to notify practitioners.

Assemblywoman Giglio and others expressed concern the information could be “weaponized” or used by institutions to deny access; the sponsor responded that authorized access is restricted and that federal HIPAA penalties and state provider training guard against misuse. Members also questioned how records from out‑of‑state providers would be handled; McDonald said many states already upload vaccinations to their registries and that providers can import records with patient consent.

The clerk recorded a party vote: Ayes 93, Nays 42; the bill passed and was placed on the record for follow‑up steps.

Why it matters: The change would make routine reporting of adult immunizations the default in New York, with an opt‑out available. Supporters say the change improves clinical information and prevents unneeded repeat doses; critics raised transparency and access concerns and asked the Department of Health to make opt‑out instructions prominent on intake forms.

The Assembly proceeded to other calendar items after the vote.