SubPart 50-3 - Access to Patient Information

Effective Date: 
Wednesday, September 30, 2015
Doc Status: 
Complete
Statutory Authority: 
Public Health Law, Section 18(4)

Section 50-3.1 - Application

Section 50-3.1 Application.

This regulation shall govern the functioning of medical access review committees established pursuant to Public Health Law, section 18 to hear appeals from the denial of access to patient information.
 

Effective Date: 
Wednesday, September 30, 2015
Doc Status: 
Complete

Section 50-3.2 - Definitions

50-3.2 Definitions. For the purpose of this section:

(a) Committee means a medical record access review committee appointed by the Commissioner of Health to hear appeals from the denial of access to patient information as provided in Public Health Law, section 18.

(b) Health care provider or provider means a health care facility or a health care practitioner as defined in subdivisions (c) and (d) of this section.

(c) Health care facility or facility means a hospital as defined in Public Health Law, article 28; a home care services agency, as defined in Public Health Law, article 36; a hospice, as defined in Public Health Law, article 40; a health maintenance organization, as defined in Public Health Law, article 44; and a shared health facility, as defined in Public Health Law, article 47.

(d) Health care practitioner or practitioner means a person licensed under Education Law, article 131, 131-B, 132, 133, 136, 139, 141, 143, 144, 153, 154, 156 or 159 or a person certified under Public Health Law, section 2560.

(e) Patient information or information means any information as defined in Public Health Law, section 18(1)(e).

(f) API coordinator means the Department of Health employee responsible for administration, coordination and operation of the access to patient information program within the Department of Health.

(g) Qualified person means any properly identified subject, committee for an incompetent appointment pursuant to article 78 of the Mental Hygiene Law, or a parent of an infant, a guardian of an infant appointed pursuant to article 17 of the Surrogate's Court Procedure Act or other legally appointed guardian of an infant who may be entitled to request access to a clinical record pursuant to Public Health Law, section 18.

(h) Personal notes and observations shall mean a practitioner's speculations, impressions (other than tentative or actual diagnosis) and reminders, provided such data is maintained by a practitioner. Handwritten notes and observations shall not be presumed to be personal notes and observations.
 

Effective Date: 
Wednesday, September 30, 2015
Doc Status: 
Complete

Section 50-3.3 - Medical record access review committee

50-3.3 Medical record access review committee.

(a) Appointment.

(1) A medical record access review committee shall consist of three to five licensed professionals appointed by the commissioner. The commissioner shall designate a chairperson and a vice-chairperson.

(2) The commissioner may appoint new members to the committee when vacancies arise.

(3) The commissioner may remove members of a committee for cause. Cause for removal includes, but is not limited to, absence from three consecutive meetings or criminal conviction or findings of professional misconduct against the member.

(4) The commissioner shall appoint alternates who shall serve on the committee when a standing committee member is absent. The API coordinator shall determine when a standing member is absent and which alternate shall serve in place of the absent member. The alternate chosen shall have the same duties and responsibilities as a member.

(b) Term. Initial members shall be appointed for a one- or two-year term. Thereafter, the term shall be for two years.

(c) Quorum. A majority of the members of a committee constitutes a quorum.

(d) Meetings. A committee shall meet as frequently as its business may require. The API coordinator shall schedule meetings in consultation with the committee chairperson.

(e) Voting. Each member of the committee shall have one vote. No proxy voting is allowed. A majority vote of the members on the committee is required for committee action.
 

Effective Date: 
Wednesday, September 30, 2015
Doc Status: 
Complete

Section 50-3.4 - Notification of patient rights

50-3.4 Notification of patient rights.

(a) If a provider denies access to patient information the provider shall inform, in writing, the qualified person of the reasons for denial and the qualified person's right to obtain a review of the denial. The provider shall furnish the qualified person a form, approved by the Department of Health, which can be used for requesting such a review.

(b) If a qualified person decides to request a review, he or she shall do so by forwarding the request to the API coordinator for review. The coordinator shall notify the provider of the request for review and of the name and address of the chairperson of the appropriate committee where the patient information shall be sent. A copy of the patient information, and a statement of the reasons for denial must be sent by the provider to the chairperson within 10 days of notification of the request.
 

Effective Date: 
Wednesday, September 30, 2015
Doc Status: 
Complete

Section 50-3.5 - Notification of meetings

50-3.5 Notification of meetings.

(a) A committee meeting shall be held within 90 days of the chairperson's receipt of the patient information.

(b) The API coordinator shall inform the provider and the qualified persons in writing of the date, place and time of the meeting at least 15 days prior to the meeting. This notice shall state the nature of the meeting and describe the records in issue.
 

Doc Status: 
Complete

Section 50-3.6 - Meetings

50-3.6 Meetings.

(a) The parties shall be given a reasonable opportunity to present information and oral and written statements.

(b) Only the provider(s), the qualified person, their representatives and the API coordinator may attend the committee meetings.
 

Doc Status: 
Complete

Section 50-3.7 - Disqualification of committee members

50-3.7 Disqualification of committee members.

Meetings shall be conducted in an impartial manner. A committee member must disqualify himself/herself if a conflict of interest or bias exists.
 

Doc Status: 
Complete

Section 50-3.8 - Decisions and determinations

50-3.8 Decisions and determinations.

(a) Committee decisions shall be in writing and issued promptly. The decision shall include the specific reasons for which access was denied or granted.

(b) A copy of the decision shall be mailed to the provider and qualified person by certified mail. When the committee's decision does not involve a finding of personal notes and observations, the qualified person shall also be notified in writing of the right to appeal the decision. A copy of the decision and record of the meeting shall be provided to the API coordinator.

(c) Copies of all patient records shall be returned to the provider within 10 days following the committee meeting.
 

Doc Status: 
Complete

Section 50-3.9 - Records

50-3.9 Records.

(a) The record of a meeting will include notices, written statements, a transcript of the meeting if requested, any other information submitted, and a copy of the decision. The API coordinator shall retain the records of all meetings.

(b) Meetings may be mechanically, electronically or otherwise recorded under the supervision of the chairperson, and the original recording or an official transcript thereof shall be part of the record.

(c) Upon prior request made by the provider or qualified person, the API coordinator will prepare a transcript of proceedings within a reasonable time and shall furnish a copy to the requester. Except when any statute authorizes otherwise, the department is authorized to charge the cost for preparation and furnishing of such record or transcript or any part thereof.
 

Doc Status: 
Complete

Section 50-3.10 - Confidentiality

50-3.10 Confidentiality.

All patient information is confidential as provided for in New York State law and regulations. Any patient information, committee records, committee deliberations, or correspondence sent to the committee or API coordinator will be treated confidentially and all records will be stored in a secure place.
 

Doc Status: 
Complete