Note: State laws are constantly changing --you should consider contacting a New York attorney as well as conducting your own legal research to verify the state law(s) you are researching. The links for other laws pertaining to state government records lead directly to the New York State Assembly's website. Entire medical record—10 years following the date the patient either attains the age of majority (i.e., until patient is 28) or dies, whichever is earlier. A New York physician can release medical files to other doctors or hospitals upon written request of patient or parents. § 164.524. Justia US Law US Codes and Statutes New York Consolidated Laws 2012 New York Consolidated Laws CVP - Civil Practice Law & Rules Article 23 - (2301 - 2309) SUBPOENAS, OATHS AND AFFIRMATIONS 2306 - Hospital records; medical records of department or bureau of a municipal corporation or of the state. Medical records in America are not always easily accessible. New York Public Health LawSec.§17Release of Medical Records. Upon the written request of any competent patient, parent or guardian of an infant, a guardian appointed pursuant to article eighty-one of the mental hygiene law, or conservator of a conservatee, an examining, consulting or treating physician or hospital must release and deliver, exclusive of personal notes of the said physician or hospital, … Federal laws govern the privacy protection of medical records, along with some state laws. Title 2: General Provisions SECTION 17 Release of medical records SECTION 18*2 Registration and notification of boards of directors or trustees of certain voluntary, not-for-profit facilities or corporations Section 18 Access to patient information See Can Doctors Ever Give My Personal Medical Information to Others Without My Permission? In People v. O’Grady, 263 A.D.2d 616 (3 rd Dept., 1999), the Court upheld the conviction for the crime of Computer Trespass of a New York State Department of Taxation employee. Health § 18(2), NY MHY § 33.16, and HIPAA regulations regarding denial of access to the individual can be found at 45 C.F.R. New York State Printing and Public Documents . Railroad . Sec. PHL § 18 permits “qualified persons” to access certain records which are defined in the law as “patient information.” “Qualified person” in PHL § 18(1)(g) includes the subject, a guardian, etc. If the review committee decides that you should have access, the practitioner must comply. There are some restrictions on what may be obtained and fees may be charged by physicians, other health care professionals and facilities for providing copies. Prac. §16.11); physician or hospital must release medical file to another physician or hospital upon written request of parent, guardian, or patient; records concerning venereal disease treatment or abortion for minor may not be released, even to parent (Pub. The Privacy Rule does not require the health care provider or health plan to share information with other providers or plans.HIPAA gives you importan… This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. medical records of a deceased to an estate executor. Here's what the law adds to Mental Hygiene Law § 331 and NYS Public Health Law § 17: The provider then has 10 days to send the information to the chairperson of the committee, along with a statement explaining why access was denied. Begin typing to search, use arrow keys to navigate, use enter to select, Please enter a legal issue and/or a location. For hospitals, medical records must be kept for six years from the date of discharge. If access is denied, you may appeal (without charge). Do not submit a request for court records to OCA, because access to court records is not governed by FOIL (Public Officers Law, 86), but by section 255 of the Judiciary Law, which is directed to the responsibilities of a clerk of a court. The Arts and Cultural Affairs Law authorizes the State Archives to appraise, acquire, preserve, and make available legislative records (per Arts and Cultural Affairs Law § 57.05). The following table highlights the basics of New York medical records laws. Release of medical records. A request for information must be granted within 30 days of the request. Stay up-to-date with how the law affects your life, Name For many years, New York State law has protected the confidentiality of mental health treatment records under the NYS Mental Hygiene Law. However, some restrictions may apply. 17. Microsoft Edge. The NPC . Previous | Contents | Next. New York State Law gives patients and other qualified individuals access to medical records. Other rights and limitations may be involved. Workers' Compensation Law (""WCL") §119 provides that:A subpoena or subpoena duces tecum may be signed and … A Medical Record Access Review Committee will then review your request. Patients are free to waive this privilege, however. For instance, physicians cannot testify in court regarding any communications protected by this privilege. Codes R. & Regs. You now have the right1 to see your health records. The health care provider then has 10 days after receiving the request to provide an opportunity for you to inspect your records. Can Doctors Ever Give My Personal Medical Information to Others Without My Permission? We recommend using 17. A centerpiece of the 21 st Century Cures Act, which became law … | Last updated June 20, 2016. The use of electronic records and signatures is voluntary, unless otherwise provided by law; however, electronic signatures and records used in New York State have the same validity and effect as non-electronic signatures and records, subject to certain exceptions stipulated in ESRA. Core medical record must be maintained at least an additional 10 years beyond the periods provided … for more general information. If you need more information, write the: 1Section 18: Access to Patient Information2Denial of Access to Patient Information and Appeal Form - DOH-1989, Health & Safety in the Home, Workplace & Outdoors, Clinical Guidelines, Standards & Quality of Care, All Health Care Professionals & Patient Safety, Addressing the Opioid Epidemic in New York State, Learn About the Dangers of "Synthetic Marijuana", Help Increasing the Text Size in Your Web Browser. personal notes and observation maintained by the practitioner; information that was disclosed to the practitioner under the condition that it would be kept confidential and it has been kept confidential since then; information about the treatment of a minor that, in the opinion of the practitioner, should not be disclosed to the parents or guardians (a patient over the age of 12 may be told that his/her parents or guardians have requested the patient's records, and if the child objects, the provider may deny the request); information that the practitioner determines may reasonably be expected to substantially harm the patient or others; substance abuse program records and clinical records of facilities licensed or operated by the Office Mental Health (These records may be disclosed pursuant to a separate process in Section 33.16 of the Mental Hygiene Law); information obtained from other examining or treating practitioners which may be requested from the other practitioners directly; when other provisions in law prevent the release. Retention and disposition of non-government records However, as paper records are increasingly giving way to electronic records, computer crimes under Penal Law are now coming into play. RPP . New York medical records laws lay out a … Yes. In addition, New York law protects the confidentiality of all HIV-related information, with some limited exceptions. Licensed Professions: Medicine. Please try again. You will be required to put your request in writing. Racing, Pari-Mutuel Wagering and Breeding Law . PAR . Google Chrome, The records are considered highly sensitive and available only to those who need to know and/or have been given consent. The records are considered highly sensitive and available only to those who need to know and/or have been given consent. All information concerning or relating to your examination or treatment is available for your review EXCEPT: The provider has the right to review the requested records before granting you access. A law enforcement agency responding to a request for law enforcement disciplinary records, as defined in section eighty-six of this article, may redact any portion of such record containing the information specified in subdivision two-c of section eighty-nine of this article prior to disclosing such record under this article. In ... access to, and amend, their medical records, as well as to request a list (or an “accounting”) that describes to whom their information has been Laws, Rules & Regulations Education Law. The provider may make reasonable charges to you to cover the costs of inspections and copies. Not-For-Profit Corporation . Copyright © 2021, Thomson Reuters. (Civ. Your doctor is required by law to keep your medical information confidential, which includes inquiries by others in positions of authority.