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

Current through Register Vol. 46, No. 28, July 10, 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.