New York Codes, Rules and Regulations
Title 9 - EXECUTIVE DEPARTMENT
Subtitle KK - Program for Elderly Pharmaceutical Insurance Coverage
Part 9950 - Access To Records
Section 9950.6 - Availability of panel records
Universal Citation: 9 NY Comp Codes Rules and Regs ยง 9950.6
Current through Register Vol. 46, No. 12, March 20, 2024
(a) All records of the panel are available for public inspection and copying, except that access may be denied to records or portions thereof that:
(1) are specifically exempted from disclosure
by State or Federal statute;
(2) if
disclosed would constitute an unwarranted invasion of personal privacy;
(i) an unwarranted invasion of personal
privacy includes, but is not limited to:
(a)
disclosure of employment, medical or credit histories or personal references of
applicants for employment;
(b)
disclosure of items involving the medical or personal records of an Elderly
Pharmaceutical Insurance Coverage program participant;
(c) sale or release of lists, names and
addresses if such lists would be used for commercial or fund-raising
purposes;
(d) disclosure of
information of a personal nature when disclosure would result in economic or
personal hardship to the subject party and such information is not relevant to
the work of the panel or the agency requesting it; or
(e) disclosure of information of a personal
nature reported in confidence to the panel and not relevant to the ordinary
work of the panel;
(ii)
disclosure is not construed to constitute an unwarranted invasion of personal
privacy when:
(a) identifying details are
deleted;
(b) the person to whom a
record pertains consents in writing to disclosure;
(c) upon presenting reasonable proof of
identity, a person seeks access to records pertaining to him/her;
(3) if disclosed would
impair present or imminent contract awards or collective bargaining
negotiations;
(4) are trade secrets
or are maintained for the regulation of commercial enterprise which, if
disclosed, would cause substantial injury to the competitive position of the
subject enterprise;
(5) are
compiled for law enforcement purposes and which, if disclosed, would:
(i) interfere with law enforcement
investigations or judicial proceedings;
(ii) deprive a person of a right to a fair
trial or impartial adjudication;
(iii) identify a confidential source or
disclose confidential information relating to a criminal investigation;
or
(iv) reveal criminal
investigative techniques or procedures, except routine techniques or
procedures;
(6) if
disclosed would endanger life or safety of any person;
(7) are inter-agency or intra-agency material
which are not:
(i) statistical or factual
tabulations or data;
(ii)
instructions to staff that affect the public; or
(iii) final agency policy or determination;
or
(8) are examination
questions or answers which are requested prior to the final administration of
such questions.
(b) Nothing in this Part shall permit disclosure which constitutes an unwarranted invasion of personal privacy, if such disclosure is prohibited under article 6-A (Personal Privacy Protection Law) of the Public Officers Law.
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