Skip to Content

Privacy and Confidentiality in New York

< Return to Privacy and Confidentiality

Patients in hospitals and other health care facilities have the right to have their health information kept confidential.1 The department will establish regulations for maintaining such confidentiality in adult care facilities.2 However, New York authorizes providers to disclose patient information under certain circumstances to the mental hygiene legal service3 and, with the patient’s consent, to other providers.4 Additionally, health officers may disclose HIV information to health officers in other districts and to contacts of an infected individual.5

Information maintained in relation to physician, dentist, and podiatrist malpractice prevention programs, provider credentialing reviews, and adverse event reports is confidential.6 However, hospitals and medical facilities may disclose professional misconduct information to other facilities in relation to the granting or renewal of professional privileges.7 Trade secrets, patient identifies, and research subject identities are also classified as confidential8 as is information regarding a person’s application or receipt of medical assistance benefits.9

Patients, parents, guardians, and other “qualified persons” may access patient health information maintained by providers, but providers may impose reasonable limitations on such access (e.g. copying fees, access during business hours).10 Patients receiving mental health services or developmental disability services may also access their records in a similar manner.11

Insurance carriers must have mechanisms to protect the confidentiality of “individually identifiable information or records” maintained in relation to a medical assistance beneficiary.12 Insurance companies may transmit an applicant’s medical information to another facility so long as they comply with certain notice and authorization requirements.13 Insurance companies must also comply with notice and consent requirements before requiring an applicant to undergo a genetic test.14

New York authorizes pre-admission certification committees to review clinical records in order to ascertain whether an individual’s admission or transfer to a residential treatment facility is appropriate15 and gives the commissioner authority to access medical and financial records while investigating providers of services to mentally disabled persons.16 Shared health facilities must give the department access to patient records.17

Persons conducting utilization reviews must ensure that patient information remains secure and confidential.18 The department must keep confidential reports and information they receive regarding diseases (e.g. HIV, Alzheimer’s) and patient safety.19

Hospitals must create a department for the purpose of maintaining patient medical records and must ensure that such records are maintained in compliance with federal and state law.20 Long term care facilities, residential care facilities, and facilities licensed by the office for people with developmental disabilities must also maintain medical records in accordance to certain standards.21

 

Footnotes

  • 1. NY SOC SERV § 461-d
  • 2. NY SOC SERV § 461-e
  • 3. NY MENT HYG § 9.11; NY MENT HYG § 15.11
  • 4. NY PUB HEALTH § 17
  • 5. NY PUB HEALTH § 2131; NY PUB HEALTH § 2133
  • 6. NY PUB HEALTH § 2805-m
  • 7. NY PUB HEALTH § 2805-k
  • 8. NY PUB HEALTH § 3371
  • 9. NY SOC SERV § 367-b
  • 10. NY PUB HEALTH § 18
  • 11. N.Y. Mental Hyg. Law § 33.16
  • 12. NY SOC SERV § 367-a
  • 13. N.Y. Ins. Law § 321
  • 14. N.Y. Ins. Law § 2615
  • 15. NY MENT HYG § 9.51
  • 16. N.Y. Mental Hyg. Law § 31.07
  • 17. NY PUB HEALTH § 4710
  • 18. NY PUB HEALTH § 4905
  • 19. NY PUB HEALTH § 2003; NY PUB HEALTH § 2135; NY SOC SERV § 461-e
  • 20. N.Y. COMP. CODES R. & REGS. TIT. 10, § 405.10; N.Y. COMP. CODES R. & REGS. TIT. 10, § 1001.12
  • 21. N.Y. COMP. CODES R. & REGS. TIT. 10, § 415.22; N.Y. Mental Hyg. Law § 33.13

 

Privacy and Confidentiality in New York

Subtopic Statute/Regulation Description
Patient’s right to confidentiality of medical records/medical information Admissions Requirements for Residential Treatment Facilities for Children and Youth – N.Y. Mental Hyg. Law § 9.51 Pre-admission certification committees must approve the transfer or admission of children and youth to a residential treatment facility. Such...
Confidentiality of Records, Reports, and Information for Persons with Knowledge of Trade Secrets, Patient Identities, or Research Subject Identities – N.Y. Pub. Health Law § 3371 Persons that have knowledge of trade secrets, patient identities, or research subject identities because of their office may only disclose this...
Hospital Acquired Infection Reporting – N.Y. Pub. Health Law § 2819 Every general hospital must maintain a program capable of identifying and tracking hospital acquired infections for the purpose of public reporting...
Maintenance and Confidentiality of Clinical Patient Records – N.Y. Mental Hyg. Law § 33.13 Each facility licensed or operated by the office for people with developmental disabilities must maintain a clinical record for each patient or...
Medical Records Requirements in Hospitals – N.Y. Comp. Codes R. & Regs. tit. 10 § 405.10 Hospitals must have a department that has administrative responsibility for medical records. An accurate, clear, and comprehensive medical record...
Medical Records Requirements in Long Term Care Facilities – N.Y. Comp. Codes R. & Regs. tit. 10, § 1001.12 The operator of a long term care facility must maintain complete, accurate, and current personal records for each resident which must be available...
Medical Records Requirements in Residential Care Facilities – N.Y. Comp. Codes R. & Regs. tit. 10 § 415.22 A residential care facility must maintain clinical records for each resident in accordance with accepted professional standards and practice. ...
N.Y. Comp. Codes R. & Regs. tit. 10, § 405.7(b) - Patient Rights in Hospitals Hospitals must afford to each patient the right to: Exercise these rights regardless of the patient's language or impairment of hearing or vision...
N.Y. Pub. Health Law § 2002 – Requirements for Alzheimer's Reports Requirements for Alzheimer’s Reports This law categorizes the reports required by N.Y. Pub. Health Law § 2001 (requiring physicians to...
Patient Rights in Medical Facilities – N.Y. Pub. Health Law § 2803-c A copy of the rights and responsibilities of all patients must be posted conspicuously in a public place in every hospital, nursing home, and...
Patients’ Bill of Rights – N.Y. Comp. Codes R. & Regs. tit. 10, § 405.7(c) As a patient in a hospital in New York State, you have the right, consistent with law, to: Understand and use these rights. If for any reason you...
Protection Mechanisms for Insurance Payment Information – N.Y. Soc. Serv. § 367-a Protection Mechanisms for Insurance Payment Information This section of the law under Title 11 of the New York Social Services Act—Medical...
Provider Requirements – N.Y. Comp. Codes R. & Regs. tit. 14, § 815.4 Requirements for Providers of Chemical Dependency Services The law protects the rights of patients seeking chemical dependency services by...
Quality of Care Requirements for Shared Health Facilities – N.Y. Pub. Health Law § 4710 Shared health facilities must take the following actions in order “to ensure quality, continuity and proper coordination of medical care:...
Required and Prohibited Practices for Utilization Review Agents and Confidentiality of Information – N.Y. Pub. Health Law § 4905 Utilization review agents must create written procedures for disclosing patient information used in a utilization review to authorized persons (e.g....
Required and Prohibited Practices for Utilization Review Agents – N.Y. Ins. Law § 4905 Every utilization review agent must have procedures to assure that patient-specific information obtained during the utilization review process is...
Requirements for Access to Clinical Records – N.Y. Mental Hyg. Law § 33.16 Any provider of services to persons with mental illness or developmental disabilities must provide a patient or client with access to his clinical...
Requirements for Disclosure of Information by a Health Maintenance Organization – N.Y. Pub. Health Law § 4408 Upon request, each prospective subscriber to a health maintenance organization must be supplied with all written information that may be incorporated...
Requirements for Medical Information Exchange Centers – N.Y. Ins. Law § 321 When an insurance company that is authorized to transmit medical information in any manner requests medical information from any applicant for...
Requirements for Records and Reports from Adult Care Facilities – N.Y. Soc. Serv. Law § 461-e The department may require, through regulations, adult care facilities to keep the following records: “A chronological admission and...
Rights of Residents in Adult Care Facilities – N.Y. Soc. Serv. Law § 461-d The rights of adult care facility residents include the following: “[T]he right to independent personal decisions and knowledge…...
Treatment of Minors – N.Y. Mental Hyg. Law § 22.11 Treatment of minors seeking treatment for chemical dependency This law addresses the treatment of minors (defined as unmarried persons under 18 years...
Disclosure requirements (what providers can disclose, prohibition on further disclosure) Confidentiality and Disclosure Requirements for Confidential HIV Information – N.Y. Pub. Health Law § 2782 Persons that validly obtain confidential HIV information about a “protected individual” may only disclose the information as follows:...
Confidentiality of Records, Reports, and Information for Persons with Knowledge of Trade Secrets, Patient Identities, or Research Subject Identities – N.Y. Pub. Health Law § 3371 Persons that have knowledge of trade secrets, patient identities, or research subject identities because of their office may only disclose this...
Provision of Patients' Records to the Mental Hygiene Legal Service – N.Y. Mental Hyg. Law § 9.11 Hospital directors must, within five days of admitting a patient pursuant to the mental hygiene laws, provide the mental hygiene legal service with...
Requirements for Disclosure of Information by a Health Maintenance Organization – N.Y. Pub. Health Law § 4408 Upon request, each prospective subscriber to a health maintenance organization must be supplied with all written information that may be incorporated...
Requirements for Maintenance of Hospital Financial and Inspection Reports – N.Y. Pub. Health Law § 2805-g Every hospital must maintain, as public information available for public inspection, records containing copies of all inspection reports pertaining...
Requirements for Provision of Records of Mentally Retarded Persons – N.Y. Mental Hyg. Law § 15.11 School directors must, within five days of admitting a mentally retarded person pursuant to the mental hygiene laws, provide the mental hygiene legal...
Requirements for Release of Medical Records – N.Y. Pub. Health Law § 17 Upon the written request of any competent patient, parent or guardian, a physician or hospital must release and deliver copies of all x-rays, medical...
Rules and regulations for Forms and Reports for HIV Testing and Information – N.Y. Pub. Health Law § 2786 The commissioner must (1) establish regulations to implement the HIV and Aids laws contained in Article 27-F; (2) create informed consent forms for...
Confidentiality and disclosure requirements of public health reporting information (disease specific information/registry data) (Cross reference to Public Health Reporting) Confidentiality of Information and Reports Obtained While Administering New York's HIV Laws – N.Y. Pub. Health Law § 2135 Information and reports obtained while administering New York’s HIV laws must be kept confidential. However, disclosure is permissible (1) if...
Contact Tracing of Cases of AIDS, HIV Related Illness or HIV Infection – N.Y. Pub. Health Law § 2133 Municipal health commissioners, district health officers, or their agents, must conduct “contract tracing,” according to the process...
Duty to Report Communicable Diseases in Municipalities Within a County or Part-County Health District – N.Y. Pub. Health Law § 2104 Duty to Report Communicable Diseases in Municipalities Within a Count or Part-County Health District This law requires that all city, village and...
Laboratories' Duty to Report Communicable Diseases – N.Y. Pub. Health Law § 2102 Laboratories that detect communicable diseases while conducting an exam must report the exam results and relevant facts to the same health official...
Local Health Officers' Duty to Report Communicable Diseases – N.Y. Pub. Health Law § 2103 Local Health Officers’ Duty to Report Communicable Diseases This law requires that every local health officer “promptly” report all...
Municipal Health Commissioner's Duty to Report HIV Information – N.Y. Pub. Health Law § 2131 Municipal health Commissioner’s Durty to Report HIV Under N.Y. Pub. Health Law § 2133, New York law requires that “contacts”...
N.Y. Pub. Health Law § 2401 - Requirements for Reporting of Cancer Cases Every physician, dentist and other health care provider must give notice immediately, but not later than one hundred eighty days, of every case of...
Physicians' and Facilities' Duty to Report Alzheimer's Cases – N.Y. Pub. Health Law § 2001 Physicians’ and Facilities’ duty to report Alzheimer’s cases This law requires physicians or persons representing a medical...
Reporting Heavy Metal Levels in Blood and Urine – N.Y. Comp. Codes R. & Regs. tit. 10, § 22.6 Anytime a physician, clinical laboratory or health facility attending to a person with a blood or urine test resulting in a heavy metal value at or...
Reporting of AIDS Cases – N.Y. Pub. Health Law § 2130 Every physician that is authorized to order diagnostic tests or make a medical diagnosis, or any laboratory performing such tests, must immediately...
Reporting of HIV Infection After Death – N.Y. Pub. Health Law § 2132 Reporting of HIV infection after death This law requires coroners, pathologists and medical examiners who examine deceased persons to report any...
Reporting of Physician Disciplinary Actions by Health Maintenance Organizations – N.Y. Pub. Health Law § 4405-b A health maintenance organization must make a report to the appropriate professional disciplinary agency within 30 days of the occurrence of any of...
Reporting of Tuberculosis Cases – N.Y. Pub. Health Law § 2221 Requirements and Confidentiality of Reports on Tuberculosis Patients The department of health seeks to control the spread of tuberculosis by having...
Reporting of Tuberculosis Patients by Attending Physicians – N.Y. Pub. Health Law § 2225 Reporting of recovery of tuberculosis patients by the attending physician This law requires that attending physicians report the recovery of any...
Reporting Requirements for Birth Defects and Genetic Diseases – N.Y. Pub. Health Law § 2733 Physicians, hospitals, and persons that attend births must report birth defects and genetic diseases to the Commissioner. Such information is...
Reporting Requirements for Communicable Diseases in a State Facility – N.Y. Pub. Health Law § 2105 Reporting requirements for communicable diseases in a state facility This law requires that officers in charge of state facility immediately report...
Reporting Requirements for Food Poisoning – N.Y. Comp. Codes R. & Regs. tit. 10, § 2.15 Every physician, visiting nurse, public health nurse, or any other person having knowledge of an illness believed to be caused by spoiled or...
Reporting Requirements for Occupational Lung Disease – N.Y. Comp. Codes R. & Regs. tit. 10, § 22.4 Reporting Requirements for Occupational Lung Disease Every physician, hospital and clinical laboratory attending to a person with clinical evidence...
Requirements and Confidentiality of Reports and Information on Sexually Transmissible Diseases – N.Y. Pub. Health Law § 2306 Reports and information obtained by health officials while administering New York’s Sexually Transmissible Disease Laws must be kept...
Requirements for Confidentiality of Cancer Reports – N.Y. Pub. Health Law § 2402 Requirements for Confidentiality of Cancer Reports The commissioner is required to investigate the causes, occurrences, treatments of cancer, and to...
Requirements for Disclosure of Medical Information Pertaining to HIV Patients – N.Y. Pub. Health Law § 2134 Medical information obtained pursuant to New York’s HIV laws may only be disclosed to the individual that is the subject matter of the...
Requirements for Regulations Pertaining to the Statewide Planning and Research Cooperative System – N.Y. Pub. Health Law § 2816 Regulations pertaining to the statewide planning and research cooperative system must: Specify the type and form of data that must be reported....
Requirements for Release of Records Pertaining to Allegations and Investigations of Abuse and Mistreatment – N.Y. Mental Hyg. Law § 33.25 Records and documents that relate to allegations and investigations of patient abuse or mistreatment at a facility that provides services to the...
Requirements for Reporting of Professional Misconduct – N.Y. Pub. Health Law § 2803-e Hospitals and various other facilities must make a report within 30 days of the occurrence of any of the following professional misconduct scenarios...
Requirements for Reporting of Residential Patient Abuse – N.Y. Pub. Health Law § 2803-d Whenever there is reasonable cause to believe that a person receiving care or services in a residential health care facility has been physically...
Supplementary Reports of Spontaneous Abortions and Fetal Deaths for Epidemiological Surveillance; Filling – N.Y. Comp. Codes R. & Regs. tit. 10, § 22.1 Every physician and hospital must file a supplementary report with the State Commissioner of Health for each spontaneous abortion or other fetal...
Privacy and Confidentiality Confidentiality of Information Maintained in Relation to Physician, Dentist, and Podiatrist Malpractice Prevention Programs, Provider Credentialing Reviews and Adverse Event Reports – N.Y. Pub. Health Law § 2805-m Information maintained in relation to physician, dentist, and podiatrist malpractice prevention programs, provider credentialing reviews, and adverse...
Establishment of a Statewide Perinatal Data System – N.Y. Pub. Health Law § 2500-h The department may provide the regional perinatal center and affiliate hospitals with de-identified birth information obtained from affiliated...
N.Y. Comp. Codes R. & Regs. tit. 10 § 35.2 - Confidentiality of Birth Records This regulation states that certified copies of a birth certificate are to be issued only when requested by court order, when the person (or guardian...
N.Y. Comp. Codes R. & Regs. tit. 10 § 35.3 - Confidentiality of Fetal Death Certificates This regulation requires that the disclosure of information on a fetal death certificate be limited only to the mother, her lawful representative or...
N.Y. Comp. Codes R. & Regs. tit. 10 § 35.4 - Disclosure of Death Certificates This regulation states that certified copies of death certificates are not subject to disclosure under Freedom of Information Law.  This...
N.Y. Comp. Codes R. & Regs. tit. 10 § 50-4.3 - Intra-Agency (DoH) Access to Personal Health-Related Information This regulation allows access to personal health-related information only to those employees of the Department of Health who need access as part of...
N.Y. Comp. Codes R. & Regs. tit. 10 § 50-4.6 - Department and Operational Unit Protocol Regarding Intra-Agency (DoH) Access to and Disclosure of Personal Health-Related Information The regulation requires that the Department of Health establish confidentiality protocols for use by all its operational units. The regulation...
N.Y. Comp. Codes R. & Regs. tit. 10 § 50-4.7 - Employee Training With Respect to Intra-Agency (DoH) Access to and Disclosure of Personal Health-Related Information This regulation governs the training of employees at the department of health with respect to handling the confidential person health-related...
N.Y. Comp. Codes R. & Regs. tit. 10 § 50-4.8 - Employee Attestation With Respect to Intra-Agency (DoH) Access to and Disclosure of Personal Health-Related Information This regulation requires that every Department of Health employee who has received training according to § 50-4.7 sign a statement acknowledging...
N.Y. Comp. Codes R. & Regs. tit. 10 § 62.2 - Confidentiality of Reports of Alzheimer's Disease and Related Disorders This regulation requires that the Commissioner of Health keep the reports of Alzheimer's disease and related disorders he receives confidential in...
N.Y. Comp. Codes R. & Regs. tit. 10 § 63.5 - Disclosure of Reports of HIV and Related Diseases Pursuant to Release This regulation requires that a specific release of confidential HIV-related information be signed a protected individual, or in case of an...
N.Y. Comp. Codes R. & Regs. tit. 10 § 63.6 - Confidentiality and Disclosure of Reports of HIV and Related Diseases This regulation creates a number of exceptions for the general rule that no person who obtains confidential HIV-related information in the course of...
N.Y. Comp. Codes R. & Regs. tit. 10 § 63.7 - Documentation of HIV-related Information and Disclosures This regulation requires that confidential HIV-related information be recorded in the protected individual's medical record to ensure ready access in...
N.Y. Comp. Codes R. & Regs. tit. 10 § 63.8 - Contact Notification Based on Reports of HIV and Related Diseases This regulation states that when the contacts of those with HIV infection need to be notified according to the law, all information collected in the...
N.Y. Comp. Codes R. & Regs. tit. 10 § 63.9 - Health Care Provider and Health Facility Policy and Procedures for Maintaining Confidentiality of HIV-Related Information This regulation requires that health care providers and health facilities employing persons or contracting with persons to render health services...
N.Y. Comp. Codes R. & Regs. tit. 10 § 69-4.17 - Procedural Safeguards for Early Intervention Program This regulation enforces various procedural safeguards to ensure the running of the Early Intervention Program.  The regulation requires that...
N.Y. Comp. Codes R. & Regs. tit. 10, § 38.1 - Confidentiality of Information Collected Under Maternal and Child Health and Crippled Children's Programs This regulation requires that all personal information collected under the Maternal and Child Health and Crippled Children’s Programs are held...
N.Y. Comp. Codes R. & Regs. tit. 10, § 50-3.10 - Confidentiality of Medical Access Review Committee records N.Y. Pub. Health Law § 17 states that a physician or hospital must release copies of medical records upon written request by competent patient/...
N.Y. Comp. Codes R. & Regs. tit. 14 § 1072.4 - Disclosure of HIV-Related Information by Providers of Substance Abuse Services The regulation states that the identity and records of clients in substance abuse programs are confidential pursuant to applicable federal and state...
N.Y. Comp. Codes R. & Regs. tit. 14 § 1072.5 - Disclosure of HIV-Related Information by a Physician who Provides Substance Abuse Services The regulation allows physicians to disclose confidential HIV-related information under the following conditions: When disclosure is to a contact...
N.Y. Comp. Codes R. & Regs. tit. 14 § 1072.6 - Disclosure of HIV-Related Information by Providers of Substance Abuse Services to Other Agencies This regulation prohibits all programs under the division of substance abuse services that maintain confidential HIV-related information from...
N.Y. Comp. Codes R. & Regs. tit. 14 § 15.7 - Requesting court authorization to retain a voluntary patient In the event that someone who admitted himself into a mental health facility requests to be released the director of the facility believes that the...
N.Y. Comp. Codes R. & Regs. tit. 14 § 305.9 - Confidentiality of Children Receiving Preventive Alcoholism Counseling Services This regulation requires that extra precautions be taken to protect the confidentiality of children provided with preventive alcoholism counseling...
N.Y. Comp. Codes R. & Regs. tit. 14 § 309.10 - Intra-Division Confidentiality in Division for Alcoholism and Alcohol Abuse This regulation strictly limits access to information relating to identified person receiving services, particularly HIV-related information, and...
N.Y. Comp. Codes R. & Regs. tit. 14 § 309.5 - Disclosure of HIV-related Information in Facilities for Alcoholism This regulation prohibits the use of general release forms for consenting to disclosure of HIV-related information.  It requires that specific...
N.Y. Comp. Codes R. & Regs. tit. 14 § 309.6 - Documentation of HIV-related Information or Disclosures in Facilities for Alcoholism This regulation requires that all disclosure of confidential HIV-related information be noted in the record with certain exceptions.  If an...
N.Y. Comp. Codes R. & Regs. tit. 14 § 309.8 - Policies and Procedures Regarding Confidentiality of HIV-Related Information in Facilities for Alcoholism This regulation requires that all facilities for alcoholism have policies and procedures in place to govern HIV testing and confidentiality of HIV-...
N.Y. Comp. Codes R. & Regs. tit. 14 § 505.7 - Confidentiality and Disclosure of HIV-related Information at Facilities Operated by Office of Mental Health This regulation governs the disclosure of HIV-related information at facilities operated by the Office of Mental Health.  The regulation limits...
N.Y. Comp. Codes R. & Regs. tit. 14 § 584.16 - Maintaining Case Records at Residential Treatment Facilities for Children and Youth with Mental Disabilities This regulation requires that all residential treatment facilities for children and youth with mental disabilities maintain a complete case record...
N.Y. Comp. Codes R. & Regs. tit. 14 § 823.15 - Confidentiality of Records by Outpatient Chemical Dependency Services for Youth This regulation requires that Outpatient Chemical Dependency Services for Youth or OCDY programs maintain the confidentiality of all records that...
N.Y. Comp. Codes R. & Regs. tit. 18 § 357.1 - Information from Case Records that Needs to be Safeguarded This regulation lists the specific information from case records that needs to be safeguarded:  names and addresses of applicants or recipients...
N.Y. Comp. Codes R. & Regs. tit. 18 § 357.2 - Prohibition Against Disclosure of Information in Case Records This regulation prohibits officers and employees of the social services districts from revealing information obtained in the course of their duty...
N.Y. Comp. Codes R. & Regs. tit. 18 § 357.3 - Basis for Disclosure of Information in Case Records This regulation governs the disclosure of information in the case records maintained by the department of social security.   Safeguards in...
N.Y. Comp. Codes R. & Regs. tit. 18 § 357.6 - Confidentiality Policy and Procedures Manual This regulation requires that the NY State Department of Social Services, the local social service districts and authorized agencies disseminate a...
N.Y. Comp. Codes R. & Regs. tit. 18 § 360-8.1 - Confidentiality of HIV-Related Information in the Medical Assistance Program This regulation applies to any person who obtains HIV-related information during the course of administering the Medical Assistance Program under the...
N.Y. Comp. Codes R. & Regs. tit. 18 § 485.11 - Records and Reports Maintained by Operator of Adult-Care Facility The regulation requires that operators of adult-care facilities maintain records and reports as specified by the department of health, and that these...
N.Y. Mental Hyg. Law § 33.23 - Requirements for Incident Notifications and Reports The director of a facility that provides services to the mentally disabled must notify a qualified person of an accident or injury that affects the...
N.Y. Mental Hyg. § 22.11 - Treatment of Minors Treatment of Minors Parents are afforded the opportunity to be a part the substance abuse treatment for their children, including in consenting to...
N.Y. Pub. Health Law § 2783 - Penalties for Disclosure of HIV-Related Information This law sets forth the following penalties: Any person who performs or makes some perform an HIV test in violation of § 2781 (discussing in...
N.Y. Pub. Health Law § 2785 - Court Authorization for Disclosure of HIV-Related Information The law prohibits courts from issuing an order for disclosure of confidential HIV-related information unless a court of record of competent...
N.Y. Pub. Health Law § 3372 - Requirements for Reporting of Patients on Narcotic Drugs It is the duty of every attending practitioner and every consulting practitioner to report promptly to the commissioner, or his duly designated agent...
N.Y. Soc. Serv. § 373-a - Medical Histories of Children to be Placed for Adoption or Foster Care This regulation requires that authorized agencies provide the medical history of children legally freed for adoption and children to be placed in...
NY SOC SERV § 367-b Medical assistance information and payment system The department must create “a statewide medical assistance information and payments system...
Quality Assurance Requirements – N.Y. Pub. Health Law § 4011 Hospices must create quality assurance programs in order to evaluate the quality of provided services.    Quality assurance information...
Disclosure of health information pursuant to court order or subpoena Confidentiality of Records, Reports, and Information for Persons with Knowledge of Trade Secrets, Patient Identities, or Research Subject Identities – N.Y. Pub. Health Law § 3371 Persons that have knowledge of trade secrets, patient identities, or research subject identities because of their office may only disclose this...
Requirements and Confidentiality of Reports and Information on Sexually Transmissible Diseases – N.Y. Pub. Health Law § 2306 Reports and information obtained by health officials while administering New York’s Sexually Transmissible Disease Laws must be kept...
Requirements for Reporting of Communicable Diseases – N.Y. Pub. Health Law § 2101 Every physician must immediately give notice of every case of communicable disease to the health officer of the local health district where the...
Requirements for Reporting of Professional Misconduct – N.Y. Pub. Health Law § 2803-e Hospitals and various other facilities must make a report within 30 days of the occurrence of any of the following professional misconduct scenarios...
Confidentiality requirements that are stricter than HIPAA Provider Requirements – N.Y. Comp. Codes R. & Regs. tit. 14, § 815.4 Requirements for Providers of Chemical Dependency Services The law protects the rights of patients seeking chemical dependency services by...
Confidentiality of medical records Regulations for Substance Abuse Treatment Records – N.Y. Mental Hyg. Law § 22.05 Substance abuse treatment information is confidential and privileged to the patient, and may only be disclosed in accordance with federal and state...
Authorization for disclosure and exceptions to authorization requirements Reporting of Adverse Events in Office Based Surgery – N.Y. Pub. Health Law § 2998-e Reporting of Adverse Events in Office Based Surgery All office-based surgical practices need to be accredited by certain nationally recognized...
Requirements for Medical Information Exchange Centers – N.Y. Ins. Law § 321 When an insurance company that is authorized to transmit medical information in any manner requests medical information from any applicant for...
Insurer and Medicaid/Medicare confidentiality requirements, including disclosure laws (Cross reference Medicaid Data, Medicare data, and private insurance data requirements) Required and Prohibited Practices for Utilization Review Agents – N.Y. Ins. Law § 4905 Every utilization review agent must have procedures to assure that patient-specific information obtained during the utilization review process is...
Other Requirements and Confidentiality of Reports and Information on Sexually Transmissible Diseases – N.Y. Pub. Health Law § 2306 Reports and information obtained by health officials while administering New York’s Sexually Transmissible Disease Laws must be kept...
Requirements and Duties of Providers of Services to the Mentally Disabled – N.Y. Mental Hyg. Law § 31.11 Every provider of services to the mentally disabled must comply with the following requirements: Notify the district attorney or other...
Requirements for Newborn Infant Hearing Screening – N.Y. Pub. Health Law § 2500-g Administrators of hospitals that care for infants must ensure that newborns are screened for hearing problems prior to discharge or receive a...
Confidentiality of genetic information Requirements for Genetic Testing and Written Informed Consent – N.Y. Ins. Law § 2615 No authorized insurer or person acting on its behalf may request or require that an applicant undergo a genetic test without receiving the applicant...
Click on the individual state law in the table above to see our summary of the individual law.


Welcome to Health Information & the Law

Please provide the following information and continue to the site.

by Dr. Radut.