New York Codes, Rules and Regulations
Title 14 - DEPARTMENT OF MENTAL HYGIENE
Chapter XIII - Office of Mental Health
Part 520 - Access To Or Amendment/correction Of Records
Section 520.5 - Requests for access to or amendment or correction of a record
Universal Citation: 14 NY Comp Codes Rules and Regs ยง 520.5
Current through Register Vol. 46, No. 39, September 25, 2024
(a) Requests for access to a record.
(1) All
requests for access to records should be addressed to:
Privacy Compliance Officer
Office of Mental Health
44 Holland Avenue
Albany, NY 12229
(2) The Deputy Director of Institutional
Administration in each State-operated psychiatric facility is designated as
Deputy Privacy Compliance Officer for nonclinical records in that psychiatric
facility.
(3) The facility director
in each State-operated psychiatric facility is designated as Deputy Privacy
Compliance Officer for clinical records in that psychiatric facility.
(4) [Reserved]
(5) The Office of Mental Health shall accept
requests for records and produce records during regular business hours, which
are 8:30 a.m. to 4:30 p.m. each weekday. Whenever practicable, records shall be
made available at a location most convenient to a data subject.
(6) All requests shall be made in writing, or
orally after the applicant has demonstrated proof of identity.
(i) When a request is made in person, or when
records are made available in person following a request made by mail, the
Office of Mental Health may require appropriate identification, such as a
driver's license, an identifier assigned to the data subject by the Office of
Mental Health, a photograph or similar information that confirms that the
record sought pertains to the data subject.
(ii) When a request is made by mail, the
Office of Mental Health may require verification of a signature or inclusion of
an identifier generally known only by a data subject, or similar appropriate
identification.
(iii) Proof of
identity shall not be required regarding a request for a record accessible to
the public pursuant to article 6 of the Public Officers Law, unless it is
otherwise permissible to request such proof pursuant to article 6 of the Public
Officers Law.
(7) A
request shall reasonably describe the record sought. Whenever possible, the
data subject should supply identifying information that assists the Office of
Mental Health in locating the records sought. Requests based upon categories of
information described in a notice of a system of records or a privacy impact
statement shall be deemed to reasonably describe the record in
question.
(8) The Privacy
Compliance Officer and/or deputies are responsible for:
(i) assisting a data subject in identifying
and requesting a record if necessary; and
(ii) describing the contents of systems of
records either orally or in writing to enable a data subject to learn if a
system of records includes a record identifiable to a data subject requesting
such record.
(9) Within
five business days of the receipt of a request for access, the Privacy
Compliance Officer and/or deputies shall either:
(i) provide access to the record;
(ii) deny access, providing a written
explanation of the reasons therefor and inform the data subject of the right to
appeal such decision; or
(iii)
acknowledge the receipt of the request in writing, stating the approximate date
when a decision shall be made regarding the request. This date shall not exceed
30 days from the date of acknowledgment.
(10) Upon request, the Privacy Compliance
Officer shall also certify that:
(i) a copy of
a record sought is a true copy;
(ii) the agency does not have possession of
the record sought;
(iii) the agency
cannot locate the record sought after having made a diligent search;
or
(iv) the record sought cannot be
retrieved by use of the description thereof, or by use of the name or other
identifier of the data subject without the use of extraordinary search
methods.
(11) Unless
otherwise prescribed by statute:
(i) There
shall be no fee charged for:
(a) inspection of
records;
(b) search for records;
or
(c) any certification pursuant
to this Part.
(ii)
Copies of records shall be provided:
(a) at a
cost of 25 cents a page per photocopy up to 9 × 14 inches; or
(b) upon payment of the actual cost of
reproduction, if the record cannot be photocopied.
(b) Amendment or correction of a record.
(1) Within 30
business days of a request from a data subject for amendment or correction of a
record that is reasonably described and pertains to the data subject, the
Privacy Compliance Officer and/or Deputy Privacy Compliance Officer shall:
(i) make the amendment or correction in whole
or in part and inform the data subject that upon request, such amendment or
correction will be provided to any person or governmental unit to which the
record or personal information has been or is disclosed pursuant to paragraph
(d), (i) or (l) of subdivision (1) of section 96 of the Public Officers Law; or
(ii) inform the data subject in writing of
its denial of the request to amend or correct the record, including the reasons
therefor and the right to appeal such denial.
(2) Nothing in this Part shall require the
Office of Mental Health to grant access to, amend or correct any record not
otherwise required by the Personal Privacy Protection Law, such as:
(i) personal information to which he or she
is specifically prohibited by statute from gaining access;
(ii) patient records concerning mental
disability or medical records where such access is not otherwise required by
law;
(iii) attorney's work product
or material prepared for litigation before judicial, quasi-judicial or
administrative tribunals; and
(iv)
public safety agency records.
Disclaimer: These regulations may not be the most recent version. New York may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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