New York Codes, Rules and Regulations
Title 11 - INSURANCE
Chapter X - Records
Part 240 - Confidentiality Of Information Furnished By Social Services Agencies
Section 240.1 - Guidelines

Current through Register Vol. 44, No. 38, September 21, 2022

The following guidelines are established with respect to preserving the confidentiality of information furnished by social services agencies to entities subject to the provisions of section 4311 or 320 of the Insurance Law:

(a) No such entity shall request of the New York State Social Services Department or of any local social services district any information pertaining to an applicant for or recipient of medical assistance other than is necessary to identify the records or information requested by said social services agency concerning such applicant or recipient.

(b) No such entity, nor any officer, agent, or employee thereof, shall make any use of information furnished by a social services agency concerning an applicant for or recipient of medical assistance other than for the purpose of identifying the records it may have pertaining to such individual and of transmitting information contained therein to the requesting agency.

(c) Every such entity shall designate in writing to the Superintendent of Insurance the officer who shall be primarily responsible for maintaining the security and confidentiality of information received in effectuation of the mandate of sections 4311 and 320 of the Insurance Law.

(d) Said designated officer shall maintain a register of those persons authorized to receive or have access to information furnished by the social services agencies aforesaid, and the date on which authorization was conferred.

(e) No person shall be authorized to have access to or make use of the information furnished by the social services agencies aforesaid unless that person shall first have been advised that violation of the strictures herein set forth may result in criminal prosecution, pursuant to section 109 of the Insurance Law.

(f) The instruction required by subdivision (e) of this section shall be given orally to prospective authorized persons by the designated officer aforesaid, who shall also furnish a copy of this regulation to each such person and secure from each such person written acknowledgment that such person has received said copy and has read the same.

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