New York Codes, Rules and Regulations
Title 4 - DEPARTMENT OF CIVIL SERVICE
Chapter V - Regulations Of The Department Of Civil Service (president's Regulations)
Part 82 - Disclosure Of Medical Records
Section 82.3 - Disclosure

Universal Citation: 4 NY Comp Codes Rules and Regs ยง 82.3

Current through Register Vol. 46, No. 12, March 20, 2024

(a) Medical records concerning an individual shall not be disclosed to third parties except:

(1) Upon written authorization of the subject of the records. Such authorization shall identify the medical records to be provided; the person, agency or entity to whom the records are to be provided; the address to which the records are to be sent; the purpose for which the records will be used, and the date the authorization shall expire. If no expiration date is specified, it shall expire 90 days from the date of receipt of the authorization by the Department of Civil Service.

(2) When required by law or court order, provided that notification is made to the subject of the record prior to such disclosure, unless such notification is prohibited by law.

(b) Under no circumstances shall medical records or their contents be released directly to a State agency unless such release is mandated by statute or regulation, or is authorized by the subject of the records as provided in subdivision (a) of this section.

(c) Neither individual medical records nor their contents shall be disclosed by the Employee Health Service to officers and employees of the Department of Civil Service or the Civil Service Commission unless such disclosure is necessary to the performance of legally authorized purposes or programs being carried out as part of the official duties of the person seeking the records.

(d) Nothing in this section prohibits the disclosure of medical records for the purpose of statistical research or reporting if individual identities are not revealed.

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