Part 50 - Funding For Family Practice Residency Training Programs

Doc Status: 
Complete
Statutory Authority: 
Public Health Law, Section 206; Public Officers Law, art.6, Section 87(1)

SubPart 50-1 - Access to Records

Doc Status: 
Complete

Section 50-1.1 - Statement of purpose

Section 50-1.1 Statement of purpose.

The purpose of this Subpart is to set forth the methods and procedures governing the availability, location and nature of those records of the New York State Department of Health subject to the provisions of article 6 of the Public Officers Law, known as the Freedom of Information Law, and the rules of the Committee on Open Government.
 

Doc Status: 
Complete

Section 50-1.2 - Definitions

50-1.2 Definitions. As used in this Subpart, the following words and terms shall have the indicated meanings:

(a) Statistical tabulation means a collection or orderly presentation of numerical data logically arranged in columns, rows or graphic representation. Opinions, policy options and recommendations do not constitute statistical tabulations.

(b) Factual tabulation means a collection of statements of objective information logically arranged and reflecting objective reality, actual existence or an actual occurrence. Opinions, policy options and recommendations do not constitute factual tabulations.

(c) Records access officer means the person designated as responsible for ensuring that the department complies with provisions of the Freedom of Information Law and the regulations herein and coordinates the department's response to requests for access to or copies of records.

(d) Records access appeals officer means the Director, Department of Health, Public Affairs Group, whose business address is: Empire State Plaza, Corning Tower, Albany, NY 12237.

(e) Record means any information kept, held, filed, produced or reproduced by, with or for the department, in any physical form whatsoever, including, but not limited to reports, statements, examinations, memoranda, opinions, folders, files, books, manuals, pamphlets, forms, papers, designs, drawings, maps, photos, letters, microfilms, computer tapes or discs, rules, regulations or codes.

(f) Trade secret means information which, if disclosed, would cause substantial injury to the competitive position of the subject enterprise.
 

Doc Status: 
Complete

Section 50-1.3 - Times and places for inspecting records

50-1.3 Times and places for inspecting records.

(a) Records shall be available for inspection and copying by members of the public and members of the news media on every day that the offices of the department are open for the transaction of business between the hours of 8:30 a.m. and 4:45 p.m.

(b) Records may be inspected at locations designated by the appropriate records access officer, whose titles and business addresses are as set forth in section 50-1.4 of this Subpart.
 

Doc Status: 
Complete

Section 50-1.4 - Persons from whom records may be obtained

50-1.4 Persons from whom records may be obtained.

All requests from the public or members of the news media, to inspect and/or copy records subject to public disclosure as provided by this Subpart are to be made to the appropriate records access officer as follows:

(a) With respect to records maintained in the central offices of the department in Albany, he/she shall be the department records access officer whose business address is: Empire State Plaza, Corning Tower, Albany, NY 12237.

(b) With respect to records maintained in the area offices of the Office of Health Systems Management, he/she shall be the area administrator whose business addresses are:

(1) New York City Area Office

Office of Health Systems Management

116 West 32nd Street

New York, NY 10001

(2) Albany Area Office

Office of Health Systems Management

Building No. 7A, State Campus

Albany, NY 12226

(3) Buffalo Area Office

Office of Health Systems Management

584 Delaware Avenue

Buffalo, NY 14202

(4) Rochester Area Office

Office of Health Systems Management

Bevier Building

42 South Washington Street

Rochester, NY 14608

(5) Syracuse Area Office

Office of Health Systems Management

677 South Salina Street

Syracuse, NY 13202

(6) New Rochelle Area Office

Office of Health Systems Management

145 Huguenot Street

New Rochelle, NY 10801

(c) With respect to records maintained in the regional or area offices of the Office of Public Health, he/she shall be the regional health director or area public health director whose business addresses are:

(1) New York City Regional Office

Office of Public Health

8-10 East 40th Street

New York, NY 10016

(2) Northern Regional Office

Office of Public Health

Building No. 7A, State Campus

Albany, NY 12226

(3) Southern Regional Office

Office of Public Health

145 Huguenot Street

New Rochelle, NY 10801

(4) Western Regional Office

Office of Public Health

584 Delaware Avenue

Buffalo, NY 14202

(5) Rochester Area Office

Office of Public Health

Bevier Building

42 South Washington Street

Rochester, NY 14609

(6) Syracuse Area Office

Office of Public Health

351 South Warren Street

Syracuse, NY 13202

(d) With respect to records maintained in the State institutions in the department, he/she shall be the director of such facility whose business address is as follows:

(1) Helen Hayes Hospital

West Haverstraw, NY 10993

(2) New York State Veterans' Home

Oxford, NY 13830

(3) Roswell Park Memorial Institute

666 Elm Street

Buffalo, NY 14263
 

Doc Status: 
Complete

Section 50-1.5 - Fees for copying records

50-1.5 Fees for copying records.

(a) Fees for certification of copies and supplying transcripts of all documents and records under the seal of the State Commissioner of Health shall be the fees as prescribed by the Public Health Law or applicable regulation of the department.

(b) Fees for photocopies or data printouts of records available pursuant to this Subpart shall be 25 cents per page and $60 for transfer of computer files to a requestor's computer tape.

(c) Except where fees are established by law, rule or regulation, no fee shall be charged for:

(1) inspection of a record;

(2) record searches;

(3) certification pursuant to this Subpart; and

(4) publications of the department provided free to residents of the State of New York.

(d) Fees shall be paid in full or a valid offer made to pay established fees prior to issuance of copies, transcripts or certification of records.

(e) Payment shall be made in the form of a check, bank draft, or money order payable to the New York State Department of Health, or if personally delivered may be made in cash for which a receipt shall be given.
 

Doc Status: 
Complete

Section 50-1.6 - Availability of department records

50-1.6 Availability of department records.

(a) All records of the department are available for public inspection and copying, except that access may be denied to records or portions thereof that:

(1) are specifically exempted from disclosure by State or Federal statute;

(2) if disclosed would constitute an unwarranted invasion of personal privacy;

(i) an unwarranted invasion of personal privacy includes, but is not limited to:

(a) disclosure of employment, medical or credit histories or personal references of applicants for employment;

(b) disclosure of items involving the medical or personal records of a client or patient in a medical facility;

(c) sale or release of lists of names and addresses if such lists would be used for commercial or fund-raising purposes;

(d) disclosure of information of a personal nature when disclosure would result in economic or personal hardship to the subject party and such information is not relevant to the work of the department or the agency requesting it; or

(e) disclosure of information of a personal nature reported in confidence to the department and not relevant to the ordinary work of the department;

(ii) disclosure is not construed to constitute an unwarranted invasion of personal privacy when:

(a) identifying details are deleted;

(b) the person to whom a record pertains consents in writing to disclosure;

(c) upon presenting reasonable proof of identity, a person seeks access to records pertaining to him/her;

(3) if disclosed would impair present or imminent contract awards or collective bargaining negotiations;

(4) are trade secrets or are maintained for the regulation of commercial enterprise which, if disclosed, would cause substantial injury to the competitive position of the subject enterprise;

(5) are compiled for law enforcement purposes and which, if disclosed, would: (i) interfere with law enforcement investigations or judicial proceedings;

(ii) deprive a person of a right to a fair trial or impartial adjudication;

(iii) identify a confidential source or disclose confidential information relating to a criminal investigation; or

(iv) reveal criminal investigative techniques or procedures, except routine techniques or procedures;

(6) if disclosed would endanger life or safety of any person;

(7) are inter-agency or intra-agency material which are not:

(i) statistical or factual tabulations or data;

(ii) instructions to staff that affect the public; or

(iii) final agency policy or determination; or

(8) are examination questions or answers which are requested prior to the final administration of such questions.

(b) Nothing in this Subpart shall permit disclosure which constitutes an unwarranted invasion of personal privacy, if such disclosure is prohibited under article 6-A (Personal Privacy Protection Law) of the Public Officers Law.
 

Doc Status: 
Complete

Section 50-1.7 - Procedures governing inspection and copying of records

50-1.7 Procedures governing inspection and copying of records. Inspection and copying of records shall be made in the following manner:

(a) Records access requests must be reasonably described and in writing.

(b) The records access officer shall, within five business days after receipt of a request:

(1) make requested records available;

(2) deny the request in writing. Such denial should:

(i) explain the reason for the denial;

(ii) set forth the right of appeal to the records access appeals officer; and

(iii) provide the name, title, business address and telephone number of the records access appeals officer; or

(3) furnish written acknowledgment of the request and the approximate date when the request will be granted or denied.

(c) If access to records is neither granted nor denied within 10 business days after the date of acknowledgment of receipt of request, the request may be construed as a denial of access that may be appealed.

(d) If access is approved, the records access officer shall cause a search for the records requested.

(e) If the record cannot be found after diligent search, the records access officer shall so notify the requestor.

(f) Upon request, the records access officer will certify that the record is a true copy.

(g) Where applicable, nondisclosable information will be deleted from a record as authorized by the Freedom of Information Law.

(h) The original or file copies of records will not be released from departmental files.

(i) Persons requesting records in the possession of the department but which records originated in any other State or Federal agency, shall be referred to the originating agency when there is a question concerning confidentiality requirements.

(j) Persons inspecting a record shall be allowed to copy it by any means which will not damage the record.

(k) A reasonably detailed current list of any records subject to the Freedom of Information Law, shall be maintained by the department and updated semiannually.

(l) The locations where public records are available for inspection or copying pursuant to this Subpart shall be posted in conspicuous places.
 

Doc Status: 
Complete

Section 50-1.8 - Trade secrets

50-1.8 Trade secrets.

Trade secrets regulated under article 48, Toxic Substances, of the Public Health Law are registered under, and subject to, Part 72 of this Title. Documents which contain trade secrets or are maintained for the regulation of commercial enterprise which, if disclosed, would cause substantial injury to the competitive position of an enterprise may be withheld from public disclosure.

(a) Requests of exceptions from disclosure shall:

(1) be in writing to the records access officer;

(2) be submitted at the time the trade secret information is submitted;

(3) include the name, address and telephone number of the manufacturer, producer, formulator, employer or person desiring to register a trade secret;

(4) include the name and title of an individual who may be contacted concerning the request;

(5) include the name or other identification of the trade secret; and

(6) state reasons why the information should be excepted from disclosure.

(b) Information submitted as a trade secret is excepted from disclosure until 15 days after a determination regarding entitlement status has been finally determined or, when entitlement to an exception from disclosure has been granted, until such entitlement has expired, or until such further time as ordered by a court of competent jurisdiction.

(c) Documents pending or granted trade secret status will be assigned a control number by the records access officer.

(d) Department units responsible for collecting trade secret information are responsible for determining trade secret entitlement and safeguarding the information during the review process and until trade secret entitlement no longer exists.

(e) Documents granted trade secret status or pending a trade secret status determination will be filed in envelopes with flaps, or other containers which will effectively maintain the integrity of the documents and which can be marked so as to clearly limit access to the contents. The container is to be marked with the following:

(1) "contains trade secrets";

(2) the trade secret control number;

(3) bureau identification; and

(4) "access to or use of contents only with bureau director authorization."

(f) Trade secrets are to be maintained apart from other documents in a locked file cabinet, locked desk drawer or other place secure from general access. Bureau directors assigned custody are responsible for establishing control of trade secret documents and establishing a system of limited access which identifies persons within the department for whose inspection and study the record will be made available so as to prevent intentional or unintentional disclosure of the information.

(g) On the initiative of the department at any time, or upon the request of any person for a record excepted from disclosure, the department will:

(1) inform the person who requested the exception of the department's intention to determine whether such exception should be granted or continued;

(2) permit the person who requested the exception, within 10 business days of receipt of notification from the department, to submit a written statement of the need for continuation of such exception;

(3) within seven business days of receipt of such written statement, or within seven business days of the expiration of the period prescribed for submission of such statement, issue a written determination granting, continuing or terminating such exception and stating the reasons therefor; copies of such determination shall be served upon the person, if any, requesting the record, the person who requested the exception, and the Committee on Open Government.

(h) A denial of exception from disclosure or a denial of access to excepted information may, within seven business days of receipt of written notice of the denial, be appealed to the records access appeals officer. The appeal determination shall be made within 10 business days of the receipt of the appeal. A written notice of the determination shall be served upon the person, if any, requesting access, the person who requested exception and the Committee on Open Government. The notice shall contain a statement of the reasons for the determination.
 

Doc Status: 
Complete

Section 50-1.9 - Appeals of denial of access to records

50-1.9 Appeals of denial of access to records.

(a) Except as provided for in section 50-1.8 of this Subpart, any person who has been denied access to records by the records access officer may appeal such denial in writing within 30 days to the records access appeals officer.

(b) The time for deciding on an appeal by the records access appeals officer shall commence upon receipt of the written appeal, which shall identify:

(1) the date and location of request for records;

(2) the records to which the requester was denied access; and

(3) the name and return address of the requester.

(c) The records access appeals officer shall, on receipt, forward a copy of the appeal to the Committee on Open Government and within 10 business days review the matter and affirm, modify or reverse the denial.

(d) If the records access appeals officer determines that the denial of access was erroneous, he/she shall instruct the records access officer to allow prompt inspection or copying of the record as requested.

(e) If the records access appeals officer affirms or modifies the denial, he/she shall communicate the determination and reasons in writing to the person making the appeal and inform such person of the right of judicial appeal with a copy to the Committee on Open Government.
 

Doc Status: 
Complete

SubPart 50-2 - Access to or Correction/Amendment of Records of the Department of Health Subject to the Personal Privacy Protection Law

Doc Status: 
Complete
Statutory Authority: 
Public Health Law, Section 206; Public Officers Law, Section 94

Section 50-2.1 - Statement of purpose

Section 50-2.1 Statement of purpose.

The purpose of this Subpart is to set forth the methods and procedures governing the availability, location and nature of those records of the New York State Department of Health subject to the provisions of article 6-A of the Public Officers Law, known as the Personal Privacy Protection Law and the rules of the Committee on Open Government.

Doc Status: 
Complete

Section 50-2.2 - Definitions

50-2.2 Definitions.

As used in this Subpart, the following words and terms shall have the indicated meanings:

(a) Data subject means any natural person about whom personal information has been collected by an agency.

(b) Personal information means any data concerning a data subject which, because of name, number, symbol, mark or other identifier, can be used to identify that data subject.

(c) Records access officer means the records access officer or his/her authorized representative and shall be the person from whom records may be obtained, as listed in section 50-1.4 of this Part.

(d) Records access appeals officer means the Director, Department of Health, Public Affairs Group, whose business address is: Empire State Plaza, Corning Tower, Albany, NY 12237.

(e) Records means any item, collection or grouping of personal information about a data subject which is maintained and is retrievable by use of name or other identifier of the data subject. The term record shall not include personal information not used to make a determination about a data subject, such as:

(1) a telephone book or directory;

(2) a card catalog, book or other resource material in any library;

(3) a compilation of information containing names and addresses used exclusively for mailing agency information;

(4) personal information required by law to be maintained, and required by law to be used only for statistical research or reporting purposes;

(5) correspondence files; or

(6) information requested by the Department of Health which is necessary to answer unsolicited requests by the data subject for information.

(f) System of records means any group of records under the actual or constructive control of the department pertaining to one or more data subject from which personal information is retrievable by use of the name or other identifier of a data subject.
 

Doc Status: 
Complete

Section 50-2.3 - Times, places for inspecting records and means for verifying the identity of a data subject

50-2.3 Times, places for inspecting records and means for verifying the identity of a data subject.

(a) Records shall be available for inspection and copying by data subjects/authorized representatives on every day that the offices of the department are open for the transaction of business between the hours of 8:30 a.m. and 4:45 p.m.

(b) Records may be inspected at locations designated by the appropriate records access officer, whose titles and business addresses are as set forth in section 50-1.4 of this Part.

(c) The identity of a data subject who requests access to his/her record may require verification as follows:

(1) Prior to being given access to personal information, an individual may be required to provide reasonable verification of his/her identity. No verification of identity, however, shall be required of an individual seeking access to records which are otherwise available to any member of the public under the Freedom of Information Law.

(2) In the case of an individual who seeks access or amendment in person, verification of identity will normally be made from those documents that an individual is likely to have readily available, such as an employee identification card, driver license, etc.

(3) When access or amendment is requested by mail, verification of identity may be obtained by requiring the individual to provide certain minimum identifying data, such as date of birth and some item of information in the record that only the concerned individual would likely know. If the sensitivity of the information in the record warrants, a signed and notarized statement of identity may be required.
 

Doc Status: 
Complete

Section 50-2.4 - Persons from whom records may be obtained

50-2.4 Persons from whom records may be obtained.

All requests to inspect and/or copy records subject to disclosure as provided by this Subpart are to be made to the appropriate records access officer.
 

Doc Status: 
Complete

Section 50-2.5 - Fees for copying records

50-2.5 Fees for copying records.

(a) Fees for certification of copies and supplying transcripts of all documents and records under the seal of the State Commissioner of Health shall be the fees as prescribed by the Public Health Law or applicable regulation of the department.

(b) Fees for photocopies or data printouts of records available pursuant to this Subpart shall be 25 cents per page or $60 for transfer of a computer file to a requestor's computer tape.

(c) Except where fees are established by law, rule or regulation, no fee shall be charged for:

(1) inspection of a record;

(2) record searches;

(3) certification pursuant to this Subpart; and

(4) amendment or correction of an agency record found to be in error.

(d) Fees shall be paid in full or a valid offer made to pay established fees prior to issuance of copies, transcripts or certification of records.

(e) Payment shall be made in the form of a check, bank draft, or money order payable to the New York State Department of Health, or if personally delivered, may be made in cash for which a receipt shall be given.
 

Doc Status: 
Complete

Section 50-2.6 - Procedures governing the inspection and copying of records

50-2.6 Procedures governing inspection and copying of records. Inspection and copying of records shall be made in the following manner:

(a) Records access requests must be reasonably described and in writing.

(b) The records access officer shall, within five business days after receipt of a request:

(1) make requested records available;

(2) deny the request in writing. Such denial should:

(i) explain the reason for the denial;

(ii) set forth the right of appeal to the records access appeals officer; and

(iii) provide the name, title, business address and telephone number of the records access appeals officer;

(3) furnish written acknowledgment of the request and the approximate date when the request will be granted or denied, which date shall not exceed 30 days from the date of acknowledgment.

(c) If access is approved, the records access officer shall cause a search for the records requested.

(d) If the record cannot be found after diligent search, the records access officer shall so notify the requestor.

(e) Upon request, the records access officer will certify that the record is a true copy.

(f) The original or file copies of records will not be released from departmental files.

(g) Persons requesting records in the possession of the department but which records originated in any other State or Federal agency shall be referred to the originating agency when there is a question concerning confidentiality requirements.

(h) Persons inspecting a record shall be allowed to copy it by any means which will not damage the record.

(i) The locations where records are available for inspection or copying pursuant to this Subpart shall be posted in conspicuous places.
 

Doc Status: 
Complete

Section 50-2.7 - Appeals of denial of access to records

50-2.7 Appeals of denial of access to records.

(a) Any person who has been denied access to records by the records access officer may appeal such denial in writing within 30 business days to the records access appeals officer.

(b) The time for deciding on an appeal by the records access appeals officer shall commence upon receipt of the written appeal, which shall identify:

(1) the date and location of request for records;

(2) the records to which the requestor was denied access; and

(3) the name and return address of the requestor.

(c) The records access appeals officer shall, within seven business days of the receipt of a written appeal, review the matter and affirm, modify or reverse the denial.

(d) If the records access appeals officer determines that the denial of access was erroneous, he/she shall instruct the records access officer to allow prompt inspection or copying of the record as requested.

(e) If the records access appeals officer affirms or modifies the denial, he/she shall communicate the reasons in writing by either first class mail or certified mail, return receipt requested, to the person making the appeal and inform such person of the right of judicial appeal.

(f) The records access appeals officer shall immediately forward to the Committee on Open Government a copy of such appeal and the determination thereon.
 

Doc Status: 
Complete

Section 50-2.8 - Procedures governing the correction or amendment of records

50-2.8 Procedures governing the correction or amendment of records. The correction or amendment of records shall be made in the following manner:

(a) Records to be corrected or amended shall be reasonably described and must be made in writing.

(b) The records access officer shall, within 30 business days after receipt of a request:

(1) make requested correction or amendment in whole or part and advise the individual that, upon request, parties to which such data has been disclosed will be advised if such data was disclosed in accordance with section 94 (3)(c) of the Public Officers Law;

(2) deny the request in writing. Such denial should:

(i) explain the reason for the denial;

(ii) set forth the right of appeal to the records access appeals officer; and

(iii) provide the name, title, business address and telephone number of the records access appeals officer.
 

Doc Status: 
Complete

Section 50-2.9 - Appeals of denial of correction or amendment of records

50-2.9 Appeals of denial of correction or amendment of records.

(a) Any person who has been denied correction or amendment of records by the records access officer may appeal such denial in writing within 30 business days to the records access appeals officer.

(b) The time for deciding on an appeal by the records access appeals officer shall commence upon receipt of the written appeal, which shall identify:

(1) the date and location of request for records;

(2) the records to which the requestor was denied correction or amendment to and the requestor's justification for correction; and

(3) the name and return address of the requestor.

(c) The records access appeals officer shall, within 30 business days of the receipt of a written appeal, review the matter and affirm, modify or reverse the denial.

(d) If the records access appeals officer determines that the denial was erroneous, he/she shall instruct the records access officer to allow correction or amendment of the record as requested and notify appropriate parties, if requested, by the requestor.

(e) If the records access appeals officer affirms or modifies the denial, he/she shall communicate the reasons in writing by either first class mail or certified mail, return receipt requested, to the person making the appeal and inform such person of the right of judicial appeal. In addition, the records appeals officer will notify the requestor of right to file with the agency a statement of reasons for disagreement with the agency's determination. This agency will note any portions of the record which are disputed and attach requestor's statement as part of the record. Upon an individual's request, such statement will be provided to parties to which such data has been disclosed in accordance with section 94 (3)(c) of the Public Officers Law together, if appropriate, with a concise statement of the agency's reasons for not making the requested amendment.

(f) The records access appeals officer shall immediately forward to the Committee on Open Government a copy of such appeal and the determination thereon.

Doc Status: 
Complete

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

SubPart 50-4 - Intra-Agency Access to and Disclosure of Personal Health-Related Information

Doc Status: 
Complete
Statutory Authority: 
Public Health Law 2786, 206

Section 50-4.1 - Statement of purpose

Section 50-4.1 Statement of purpose.

The purpose of this Subpart is to set forth methods and controls to restrict dissemination and maintain control of confidential personal health-related information within the Department of Health.
 

Effective Date: 
Tuesday, July 4, 1989
Doc Status: 
Complete

Section 50-4.2 - Definition

50-4.2 Definition.

For the purpose of this Subpart, Personal Health Related Information means any information concerning the health of a person which identifies or could reasonably be used to identify a person.
 

Effective Date: 
Tuesday, July 4, 1989
Doc Status: 
Complete

Section 50-4.3 - Access

50-4.3 Access.

(a) Employees or agents of the Department of Health are not to have access to personal health-related information except as part of their official duties.

(b) Access to personal health-related information by an employee is to be authorized by supervisors only after such employee has been trained in the responsibilities associated with access to the information, and has read this Subpart and Public Officers Law Section 74(3)(c).

(c) Agents of the Department may be authorized to have access to specific personal health-related information only when reasonably necessary to perform the specific activities for which they have been designated as agents of the Department of Health.
 

Effective Date: 
Tuesday, July 4, 1989
Doc Status: 
Complete

Section 50-4.4 - Disclosure

50-4.4 Disclosure.

No employee or agent of the Department who has knowledge of personal health-related information in the course of employment shall disclose such information to any other person unless such person is officially authorized access to the information and requires the information to perform an officially designated function.
 

Effective Date: 
Tuesday, July 4, 1989
Doc Status: 
Complete

Section 50-4.5 - Disposition

50-4.5 Disposition.

Documents containing personal health-related information shall be disposed of in a manner in which the confidentiality will not be compromised. Supervisors of units are responsible for control and security of documents until destroyed or control is transferred to an appropriate disposal service.

Records scheduled for long term storage by the Department of Education shall be subject to special provisions in the inter-agency records disposition document for security during storage and ultimate transfer to the archives or destruction.
 

Effective Date: 
Tuesday, July 4, 1989
Doc Status: 
Complete

Section 50-4.6 - Department and operational unit protocols

50-4.6 Department and operational unit protocols.

(a) The Department will promulgate, for use and implementation by all its operational units, standard confidentiality protocols which meet the requirements of this section.

(b) The supervisor of each operational unit in which employees have access to personal health-related information shall prepare protocol s for ensuring confidentiality of such information. The protocols shall include as necessary:

(1) measures to ensure that letters, memoranda and other documents containing personal health-related information are accessible only by authorized personnel;

(2) measures to ensure that personal health-related information stored electronically is protected from access by unauthorized persons;

(3) measures to ensure that only personal health-related information necessary to fulfill authorized functions is maintained in the unit;

(4) measures to ensure that staff working with personal health-related information secure such information from casual observance or loss and that such documents or files are returned to confidential storage on termination of use;

(5) measures to ensure that personal health-related information is not inappropriately copied or removed from control of the Department;

(6) measures to provide safeguards to prevent discrimination, abuse or other adverse actions directed toward persons to whom personal health related information applies;

(7) measures to ensure that personal health-related information is adequately secured after working hours;

(8) measures to ensure that transmittal of personal health-related information outside of the unit is authorized only by the director of the unit, other persons designated by the director or in accordance with such protocol;

(9) measures to protect the confidentiality of personal health-related information being transferred within the unit and to other units in the Department;

(10) measures to ensure that documents or files that contain personal health-related information that are obsolete or no longer needed are promptly disposed of in such a manner so as to not compromise the confidentiality of the documents.

(c) Unit protocols for ensuring confidentiality of personal health-related information are to be updated whenever a program activity change renders the established protocol obsolete or inadequate.
 

Effective Date: 
Tuesday, July 4, 1989
Doc Status: 
Complete

Section 50-4.7 - Employee training

50-4.7 Employee training.

(a) Department employees are to be trained with respect to responsibilities and authorization to access personal health related information.

(b) Employees authorized by supervisors to access personal health-related information are to be advised in writing that they shall not:

(1) examine documents or computer data containing personal health related information unless required in the course of official duties and responsibilities;

(2) remove from the unit or copy such documents or computer data unless acting within the scope of assigned duties;

(3) discuss the content of such documents or computer data with any person unless that person has authorized access and the need to know the information discussed;

(4) illegally discriminate, abuse or harass a person to whom personal health-related information applies.
 

Effective Date: 
Tuesday, July 4, 1989
Doc Status: 
Complete

Section 50-4.8 - Employee attestation

50-4.8 Employee attestation.

Each employee, upon receiving training, in conformance with 50-4.7 of this section, shall sign a statement acknowledging receipt of sections 50-4.3(b) and 50-4.7(b) and acknowledging that violation of confidentiality statutes and rules may lead to disciplinary action, including suspension or dismissal from employment and criminal prosecution. Each employee's signed attestation is to be centrally maintained in the employee's personal history file.
 

Effective Date: 
Tuesday, July 4, 1989
Doc Status: 
Complete