Current through Register Vol. 46, No. 39, September 25, 2024
(a) At the time of
application for mandated or nonmandated preventive services, before individual
identifiable information is collected and recorded, the local social services
district or other authorized agency providing services shall notify the
applicant for preventive services in writing of:
(1) the funding of preventive services
through public revenues;
(2) the
applicable statutes and regulations regarding the collection and disclosure of
individual identifiable preventive services records; and
(3) the service provider's procedures and
practices in regard to record maintenance and access to client specific
records.
(b) All records
established and maintained pursuant to titles 4 and 4-a of article 6 of the
Social Services Law of applicants for and recipients of preventive services
shall be confidential and shall be open to the inspection of only:
(1) the New York State Department of Social
Services;
(2) the social services
district;
(3) a preventive service
agency, as defined in section
423.2(a)
of this Part, or an authorized agency, as defined in subdivision (a) of section
371.10 of the Social Services Law, providing services to the child or other
family members;
(4) any person or
entity upon an order of a court of competent jurisdiction; or
(5) any other person or entity providing or
agreeing to provide services to the child or the child's family upon the
execution of a written consent by the child or the child's parent in accordance
with subdivision (e) of this section.
(c) In addition to those granted access
pursuant to subdivision (b) of this section, records relating to the provision
of preventive services pursuant to title 4 of article 6 of the Social Services
Law, other than those established and maintained pursuant to section 409-f of the Social Services Law, shall be
available at any reasonable time to an employee or official of a Federal, State
or local agency for the purpose of conducting a fiscal audit where said records
are necessary for the conducting of the fiscal audit.
(d) An agency or person given access pursuant
to subdivisions (b) and (c) of this section to the names or other information
identifying the applicants for and recipients of preventive services shall not
divulge or make public such information except where authorized by a court of
competent jurisdiction or upon the execution of a written consent by a parent
or a child in accordance with the provisions of subdivision (e) of this
section.
(e)
(1) A child with the capacity to consent or
such child's parent may authorize the disclosure of client identifiable
preventive services information to a person or entity providing or agreeing to
provide services to the child or such child' s family by executing a written
consent.
(2) A parent may consent
to the release of client identifiable preventive services information
concerning the parent and the parent's family, including any children in the
family. A child may consent to the release of client identifiable preventive
services information about himself or herself where the child's parent is
unavailable or lacks the capacity to consent and the child is determined to
have the capacity to consent.
(3) A
consent authorizing disclosure of client identifiable preventive services
information in accordance with this subdivision must satisfy the following
procedural requirements:
(i) The consent must
be in writing and voluntarily executed.
(ii) The consent must be dated any specify
the person or entity to which disclosure is authorized, and whether or not
redisclosure of the information by such person or entity is permitted. If
redisclosure is permitted, any limitations on redisclosure must be
specified.
(iii) The consent must
specify what information may be disclosed.
(iv) The consent must identify the purpose of
the disclosure and any limitations on the use of the information by the person
or entity.
(v) The consent must
specify a time period during which the consent is to be effective or a date or
event certain upon which the consent will expire.
(vi) The consent must state that the person
executing the consent may terminate his or her authorization at any
time.
(vii) A copy of the consent
must be given to the person who executed it.
(4) For the purpose of this subdivision, the
capacity to consent means an individual's ability, determined without regard to
such individual's age, to understand and appreciate the nature and consequence
of a proposed action, treatment or procedure and to make an informed decision
concerning such action, treatment or procedure.
(5) For the purpose of this subdivision, a
parent includes a natural parent, adoptive parent, stepparent, guardian, or
caretaker with whom a child resides.
