New York Codes, Rules and Regulations
Title 10 - DEPARTMENT OF HEALTH
Chapter IV - Health Information Systems
Part 350 - All Payer Database (APD)
Section 350.3 - APD data release
Current through Register Vol. 46, No. 12, March 20, 2024
(a) The Department shall implement quality control and validation processes to provide reasonable assurance that APD data released to the public is complete, accurate, and valid. The Department shall adhere to applicable State and federal laws, regulations, and policies on release of Medicare and Medicaid data.
(b) Upon reasonable assurance that subdivision (a) has been satisfied, the Department may release data in the following manner:
(c) Data users shall adhere to security, confidentiality, an d privacy guidelines established by the Department to prevent breaches or unauthorized disclosures of personal information resulting from any data analysis or re-disclosure. Data users bear full responsibility for breaches or unauthorized disclosures of personal information resulting from use of APD data.
(d)
(e) Any data user that violates this section or any data use agreement executed under this section shall be liable pursuant to the provisions of the Public Health Law, including, but not limited to, sections 12 and 12 d of the Public Health Law.
(f) The Department may charge reasonable fees for access to APD data, which shall be based upon estimated costs incurred and recurring for data processing, operation of the platform/data center, and software. The Department shall establish a policy describing any APD data that shall be available at no charge, the fees for access to APD data subject to charge, the process for fee payment, and under what circumstances fees may be reduced or waived.