reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter C - Access To Records › Part 50 - Access To Records › Subpart 50-1 - Access To Records › Section 50-1.6 - Availability of department records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All records of the department 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 a client or patient in a medical facility;
(c) sale or release of lists of 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 department or the agency requesting it; or
(e) disclosure of information of a personal
					 nature reported in confidence to the department and not relevant to the
					 ordinary work of the department;
(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.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter C - Access To Records › Part 50 - Access To Records › Subpart 50-1 - Access To Records › Section 50-1.7 - Procedures governing inspection and copying of records

Current through Register Vol. 46, No. 28, July 10, 2024
Inspection and copying of records shall be made in the
						following manner:
(a) Records access
					 requests must be reasonably described and in writing.
(b) The records access officer shall, within
					 five business days after receipt of a request:
(1) make requested records
					 available;
(2) deny the request in
					 writing. Such denial should:
(i) explain the
					 reason for the denial;
(ii) set
					 forth the right of appeal to the records access appeals officer; and
(iii) provide the name, title, business
					 address and telephone number of the records access appeals officer;
					 or
(3) furnish written
					 acknowledgment of the request and the approximate date when the request will be
					 granted or denied.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter C - Access To Records › Part 50 - Access To Records › Subpart 50-1 - Access To Records › Section 50-1.8 - Trade secrets

Current through Register Vol. 46, No. 28, July 10, 2024
Trade secrets regulated under article 48, Toxic
						Substances, of the Public Health Law are registered under, and subject to, Part
						72 of this Title. Documents which contain trade secrets or are maintained for
						the regulation of commercial enterprise which, if disclosed, would cause
						substantial injury to the competitive position of an enterprise may be withheld
						from public disclosure.
(a) Requests
					 of exceptions from disclosure shall:
(1) be
					 in writing to the records access officer;
(2) be submitted at the time the trade secret
					 information is submitted;
(3)
					 include the name, address and telephone number of the manufacturer, producer,
					 formulator, employer or person desiring to register a trade secret;
(4) include the name and title of an
					 individual who may be contacted concerning the request;
(5) include the name or other identification
					 of the trade secret; and
(6) state
					 reasons why the information should be excepted from disclosure.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter C - Access To Records › Part 50 - Access To Records › Subpart 50-1 - Access To Records › Section 50-1.9 - Appeals of denial of access to records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Except as provided for in section
					 50-1.8 
					 of this Subpart, any person who has been denied access to records by the
					 records access officer may appeal such denial in writing within 30 days to the
					 records access appeals officer.
(b)
					 The time for deciding on an appeal by the records access appeals officer shall
					 commence upon receipt of the written appeal, which shall identify:
(1) the date and location of request for
					 records;
(2) the records to which
					 the requester was denied access; and
(3) the name and return address of the
					 requester.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter C - Access To Records › Part 50 - Access To Records › Subpart 50-2 - Access To Or Correction/amendment Of Records Of The Department Of Health Subject To The Personal Privacy Protection Law › Section 50-2.1 - Statement of purpose

Current through Register Vol. 46, No. 28, July 10, 2024
The purpose of this Subpart is to set forth the methods
						and procedures governing the availability. location and nature of those records
						of the New York State Department of Health subject to the provisions of article
						6A of the Public Officers Law, known as the Personal Privacy Protection Law.
						and the rules of the Committee on Open Government.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter C - Access To Records › Part 50 - Access To Records › Subpart 50-2 - Access To Or Correction/amendment Of Records Of The Department Of Health Subject To The Personal Privacy Protection Law › Section 50-2.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
As used in this Subpart, the following words and terms
						shall have the indicated meanings:
(a)
					 Data subject means any natural person about whom personal information has been
					 collected by an agency.
(b)
					 Personal information means any data concerning a data subject which, because of
					 name, number, symbol, mark or other identifier, can be used to identify that
					 data subject.
(c) Records access
					 officer means the records access officer or his/her authorized representative
					 and shall be the person from whom records may be obtained, as listed in section
					 50-1.4 
					 of this Part.
(d) Records access
					 appeals officer means the Director, Department of Health. Public Affairs Group,
					 whose business address is: Empire State Plaza, Corning Tower, Albany, NY
					 12237.
(e) Records means any item,
					 collection or grouping of personal information about a data subject which is
					 maintained and is retrievable by use of name or other identifier of the data
					 subject. The term record shall not include personal information not used to
					 make a determination about a data subject, such as:
(1) a telephone book or directory;
(2) a card catalog, book or other resource
					 material in any library;
(3) a
					 compilation of information containing names and addresses used exclusively for
					 mailing agency information;
(4)
					 personal information required by law to be maintained, and required by law to
					 be used only for statistical research or reporting purposes;
(5) correspondence files; or
(6) information requested by the Department
					 of Health which is necessary to answer unsolicited requests by the data subject
					 for information.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter C - Access To Records › Part 50 - Access To Records › Subpart 50-2 - Access To Or Correction/amendment Of Records Of The Department Of Health Subject To The Personal Privacy Protection Law › Section 50-2.3 - Times, places for inspecting records and means for verifying the identity of a data subject

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Records shall be available for inspection and copying by data
					 subjects/authorized representatives on every day that the offices of the
					 department are open for the transaction of business between the hours of 8:30
					 a.m. and 4:45 p.m.
(b) Records may
					 be inspected at locations designated by the appropriate records access officer,
					 whose titles and business addresses are as set forth in section
					 50-1.4 
					 of this Part.
(c) The identity of a
					 data subject who requests access to his/her record may require verification as
					 follows:
(1) Prior to being given access to
					 personal information, an individual may be required to provide reasonable
					 verification of his/her identity. No verification of identity, however, shall
					 be required of an individual seeking access to records which are otherwise
					 available to any member of the public under the Freedom of Information
					 Law.
(2) In the case of an
					 individual who seeks access or amendment in person, verification of identity
					 will normally be made from those documents that an individual is likely to have
					 readily available, such as an employee identification card, driver license,
					 etc.
(3) When access or amendment
					 is requested by mail, verification of identity may be obtained by requiring the
					 individual to provide certain minimum identifying data, such as date of birth
					 and some item of information in the record that only the concerned individual
					 would likely know. If the sensitivity of the information in the record
					 warrants, a signed and notarized statement of identity may be
					 required.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter C - Access To Records › Part 50 - Access To Records › Subpart 50-2 - Access To Or Correction/amendment Of Records Of The Department Of Health Subject To The Personal Privacy Protection Law › Section 50-2.4 - Persons from whom records may be obtained

Current through Register Vol. 46, No. 28, July 10, 2024
All requests to inspect and/or copy records subject to
						disclosure as provided by this Subpart are to be made to the appropriate
						records access officer.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter C - Access To Records › Part 50 - Access To Records › Subpart 50-2 - Access To Or Correction/amendment Of Records Of The Department Of Health Subject To The Personal Privacy Protection Law › Section 50-2.5 - Fees for copying records

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Fees for certification of copies and supplying transcripts of all documents and
					 records under the seal of the State Commissioner of Health shall be the fees as
					 prescribed by the Public Health Law or applicable regulation of the
					 department.
(b) Fees for
					 photocopies or data printouts of records available pursuant to this Subpart
					 shall be 25 cents per page or $60 for transfer of a computer file to a
					 requestor's computer tape.
(c)
					 Except where fees are established by law, rule or regulation, no fee shall be
					 charged for:
(1) inspection of a
					 record;
(2) record
					 searches;
(3) certification
					 pursuant to this Subpart; and
(4)
					 amendment or correction of an agency record found to be in error.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter C - Access To Records › Part 50 - Access To Records › Subpart 50-2 - Access To Or Correction/amendment Of Records Of The Department Of Health Subject To The Personal Privacy Protection Law › Section 50-2.6 - Procedures governing inspection and copying of records

Current through Register Vol. 46, No. 28, July 10, 2024
Inspection and copying of records shall be made in the
						following manner:
(a) Records access
					 requests must be reasonably described and in writing.
(b) The records access officer shall, within
					 five business days after receipt of a request:
(1) make requested records
					 available;
(2) deny the request in
					 writing. Such denial should:
(i) explain the
					 reason for the denial;
(ii) set
					 forth the right of appeal to the records access appeals officer; and
(iii) provide the name, title, business
					 address and telephone number of the records access appeals officer;
(3) furnish written acknowledgment
					 of the request and the approximate date when the request will be granted or
					 denied, which date shall not exceed 30 days from the date of
					 acknowledgment.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter C - Access To Records › Part 50 - Access To Records › Subpart 50-2 - Access To Or Correction/amendment Of Records Of The Department Of Health Subject To The Personal Privacy Protection Law › Section 50-2.7 - Appeals of denial of access to records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any person who has been denied access to
					 records by the records access officer may appeal such denial in writing within
					 30 business days to the records access appeals officer.
(b) The time for deciding on an appeal by the
					 records access appeals officer shall commence upon receipt of the written
					 appeal, which shall identify:
(1) the date
					 and location of request for records;
(2) the records to which the requestor was
					 denied access; and
(3) the name and
					 return address of the requestor.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter C - Access To Records › Part 50 - Access To Records › Subpart 50-2 - Access To Or Correction/amendment Of Records Of The Department Of Health Subject To The Personal Privacy Protection Law › Section 50-2.8 - Procedures governing the correction or amendment of records

Current through Register Vol. 46, No. 28, July 10, 2024
The correction or amendment of records shall be made in
						the following manner:
(a) Records to
					 be corrected or amended shall be reasonably described and must be made in
					 writing.
(b) The records access
					 officer shall, within 30 business days after receipt of a request:
(1) make requested correction or amendment in
					 whole or part and advise the individual that, upon request, parties to which
					 such data has been disclosed will be advised if such data was disclosed in
					 accordance with section 94.3(c) of the Public Officers Law;
(2) deny the request in writing. Such denial
					 should:
(i) explain the reason for the
					 denial;
(ii) set forth the right of
					 appeal to the records access appeals officer; and
(iii) provide the name, title, business
					 address and telephone number of the records access appeals officer.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter C - Access To Records › Part 50 - Access To Records › Subpart 50-2 - Access To Or Correction/amendment Of Records Of The Department Of Health Subject To The Personal Privacy Protection Law › Section 50-2.9 - Appeals of denial of correction or amendment of records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any person who has been denied correction
					 or amendment of records by the records access officer may appeal such denial in
					 writing within 30 business days to the records access appeals
					 officer.
(b) The time for deciding
					 on an appeal by the records access appeals officer shall commence upon receipt
					 of the written appeal, which shall identify:
(1) the date and location of request for
					 records;
(2) the records to which
					 the requestor was denied correction or amendment to and the requestor's
					 justification for correction; and
(3) the name and return address of the
					 requestor.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter C - Access To Records › Part 50 - Access To Records › Subpart 50-3 - Access To Patient Information › Section 50-3.1 - Application

Current through Register Vol. 46, No. 28, July 10, 2024
This Subpart shall govern the functioning of medical
						record access review committees established pursuant to Public Health Law,
						section
						18 to hear appeals from the denial of access
						to patient information.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter C - Access To Records › Part 50 - Access To Records › Subpart 50-3 - Access To Patient Information › Section 50-3.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
For the purpose of this subpart:
(a) Committee means a medical record access
					 review committee designated by the Commissioner of Health to hear appeals from
					 the denial of access to patient information as provided in Public Health Law,
					 section 18.
(b) Health care provider or provider shall
					 have the same meaning as in section 18  of the Public Health Law.
(c) Patient information shall have the same
					 meaning as in section 18  of the Public Health Law.
(d) API coordinator means the Department of
					 Health employee responsible for administration, coordination and operation of
					 the access to patient information program within the Department of Health.
(e) Qualified person shall have
					 the same meaning as in section18  of the Public Health Law.
(f) Personal notes and observations shall
					 mean a practitioner's speculations, impressions (other than tentative or actual
					 diagnosis) and reminders, provided such data is maintained by a practitioner.
					 Handwritten notes and observations shall not be presumed to be personal notes
					 and observations.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter C - Access To Records › Part 50 - Access To Records › Subpart 50-3 - Access To Patient Information › Section 50-3.3 - Medical record access review committee

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Every reasonable effort will be made to
					 include on the committee a professional in the same or related field as the
					 health care provider who is the subject of the appeal.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter C - Access To Records › Part 50 - Access To Records › Subpart 50-3 - Access To Patient Information › Section 50-3.4 - Notification of patient rights

Current through Register Vol. 46, No. 28, July 10, 2024
(a) If a
					 provider denies access to patient information the provider shall inform, in
					 writing, the qualified person of the reasons for denial and the qualified
					 person's right to obtain a review of the denial. The provider shall furnish the
					 qualified person a form, approved by the Department of Health, which can be
					 used for requesting such a review.
(b) If a qualified person decides to request
					 a review, he or she shall do so by forwarding the request to the API
					 coordinator for review. The API coordinator shall notify the provider of the
					 request for review and of the name and address of the chairperson of the
					 committee where the patient information shall be sent. A copy of the patient
					 information, and a statement of the reasons for denial must be sent by the
					 provider to the chairperson within 10 days of notification of the request. The
					 qualified person shall be given a reasonable opportunity to present written
					 information and written statements.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter C - Access To Records › Part 50 - Access To Records › Subpart 50-3 - Access To Patient Information › Section 50-3.5 - Decisions

Current through Register Vol. 46, No. 28, July 10, 2024
A copy of the decision shall be provided to the provider
						and qualified person. The record of a meeting will include notices, written
						statements, any other information submitted and a copy of the
						decision.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter C - Access To Records › Part 50 - Access To Records › Subpart 50-3 - Access To Patient Information › Section 50-3.6 - Confidentiality

Current through Register Vol. 46, No. 28, July 10, 2024
All patient information is confidential as provided for
						in New York State law and regulations. Any patient information, committee
						records, deliberations, or correspondence sent to the committee or API
						coordinator will be treated confidentially and all records will be stored in a
						secure place.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter C - Access To Records › Part 50 - Access To Records › Subpart 50-4 - Intra-agency Access To And Disclosure Of Personal Health-related Information › Section 50-4.1 - Statement of purpose

Current through Register Vol. 46, No. 28, July 10, 2024
The purpose of this Subpart is to set forth methods and
						controls to restrict dissemination and maintain control of confidential
						personal health related information within the Department of
						Health.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter C - Access To Records › Part 50 - Access To Records › Subpart 50-4 - Intra-agency Access To And Disclosure Of Personal Health-related Information › Section 50-4.2 - Definition

Current through Register Vol. 46, No. 28, July 10, 2024
For the purpose of this Subpart, personal health-related
						information means any information concerning the health of a person which
						identifies or could reasonably be used to identify a person.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter C - Access To Records › Part 50 - Access To Records › Subpart 50-4 - Intra-agency Access To And Disclosure Of Personal Health-related Information › Section 50-4.3 - Access

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Employees or
					 agents of the Department of Health are not to have access to personal
					 health-related information except as part of their official duties.
(b) Access to personal health-related
					 information by an employee is to be authorized by supervisors only after such
					 employee has been trained in the responsibilities associated with access to the
					 information; and has read this Subpart and Public Officers Law, section
					 74.3(c).
(c) Agents of the Department may be
					 authorized to have access to specific personal health-related information only
					 when reasonably necessary to perform the specific activities for which they
					 have been designated as agents of the Department of Health.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter C - Access To Records › Part 50 - Access To Records › Subpart 50-4 - Intra-agency Access To And Disclosure Of Personal Health-related Information › Section 50-4.4 - Disclosure

Current through Register Vol. 46, No. 28, July 10, 2024
No employee or agent of the Department who has knowledge
						of personal health-related information in the course of employment, shall
						disclose such information to any other person unless such person is officially
						authorized access to the information and requires the information to perform an
						officially designated function.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter C - Access To Records › Part 50 - Access To Records › Subpart 50-4 - Intra-agency Access To And Disclosure Of Personal Health-related Information › Section 50-4.5 - Disposition

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Documents,
					 containing personal health related information shall be disposed of in a manner
					 in which the confidentiality will not be compromised. Supervisors of units are
					 responsible for control and security of documents until destroyed or control is
					 transferred to an appropriate disposal service.
(b) Records scheduled for long-term storage
					 by the Department of Education shall be subject to special provisions in the
					 inter-agency records disposition document for security during storage and
					 ultimate transfer to the archives or destruction.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter C - Access To Records › Part 50 - Access To Records › Subpart 50-4 - Intra-agency Access To And Disclosure Of Personal Health-related Information › Section 50-4.6 - Department and operational unit protocols

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The Department will promulgate, for use
					 and implementation by all its operational units, standard confidentiality
					 protocols which meet the requirements of this section.
(b) The supervisor of each operational unit,
					 in which employees have access to personal health-related information, shall
					 prepare protocols for ensuring confidentiality of such information. The
					 protocols shall include as necessary:
(1)
					 measures to ensure that letters, memoranda and other documents containing
					 personal health-related information are accessible only by authorized
					 personnel;
(2) measures to ensure
					 that personal health-related information stored electronically is protected
					 from access by unauthorized persons;
(3) measures to ensure that only personal
					 health-related information necessary to fulfill authorized functions is
					 maintained in the unit;
(4)
					 measures to ensure that staff working with personal health-related information
					 secure such information from casual observance or loss and that such documents
					 or files are returned to confidential storage on termination of use;
(5) measures to ensure that personal
					 health-related information is not inappropriately copied or removed from
					 control of the Department;
(6)
					 measures to provide safeguards to prevent discrimination, abuse or other
					 adverse actions directed toward persons to whom personal health-related
					 information applies;
(7) measures
					 to ensure that personal health-related information is adequately secured after
					 working hours;
(8) measures to
					 ensure that transmittal of personal health related information outside of the
					 unit is authorized only by the director of the unit, other persons designated
					 by the director or in accordance with such protocol;
(9) measures to protect the confidentiality
					 of personal health-related information being transferred within the unit and to
					 other units in the Department;
(10)
					 measures to ensure that documents or files that contain personal health-related
					 information that are obsolete or no longer needed are promptly disposed of in
					 such a manner so as to not compromise the confidentiality of the
					 documents.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter C - Access To Records › Part 50 - Access To Records › Subpart 50-4 - Intra-agency Access To And Disclosure Of Personal Health-related Information › Section 50-4.7 - Employee training

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Department employees are to be trained with respect to responsibilities and
					 authorization to access personal health-related, information.
(b) Employees authorized by supervisors to
					 access personal health-related information are to be advised in writing that
					 they shall not:
(1) examine documents or
					 computer data containing personal health-related information unless required in
					 the course of official duties and responsibilities;
(2) remove from the unit or copy such
					 documents or computer data unless acting within the scope of assigned
					 duties;
(3) discuss the content of
					 such documents or computer data with any person unless that person has
					 authorized access and the need to know the information discussed; and
(4) illegally discriminate, abuse or harass a
					 person to whom personal health-related information applies.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter C - Access To Records › Part 50 - Access To Records › Subpart 50-4 - Intra-agency Access To And Disclosure Of Personal Health-related Information › Section 50-4.8 - Employee attestation

Current through Register Vol. 46, No. 28, July 10, 2024
Each employee, upon receiving training, in conformance
						with section
						50-4.7  of this
						Subpart, shall sign a statement acknowledging receipt of sections 50- 4.3(b)
						and 50-4.7(b) of this Subpart and acknowledging that violation of
						confidentiality statutes and rules may lead to disciplinary action, including
						suspension or dismissal from employment and criminal prosecution. Each
						employee's signed attestation is to be centrally maintained in the employee's
						personal history file.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter C - Access To Records › Part 51 - Uniform Hearing Procedures › Section 51.1 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
This Part shall apply to all adjudicatory proceedings to
					 which the Department of Health is a party brought pursuant to the Public Health
					 Law, unless there is a specific statute or regulation to the contrary. This
					 Part shall not apply to proceedings brought pursuant to Part 76, Public Health
					 Administrative Tribunal, of this Title.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter C - Access To Records › Part 51 - Uniform Hearing Procedures › Section 51.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
Whenever used in this Part:
(a) Commissioner means the Commissioner of
				  Health of the State of New York, or his duly authorized
				  representative.
(b) CPLR means the
				  Civil Practice Law and Rules.
(c)
				  Department means the Department of Health of the State of New York.
(d) Hearing officer means the person duly
				  designated for the purpose of conducting or participating in a hearing pursuant
				  to the Public Health Law, including an administrative officer or an
				  administrative law judge assigned by the department to the hearing.
(e) Party means the department and all
				  persons designated as petitioner, respondent, or intervenor in any adjudicatory
				  proceeding subject to this Part.
(f) Report means the hearing officer's
				  summary of the hearing record, including his findings of fact, conclusions and
				  recommendation or the findings, conclusions and recommendation of the hearing
				  committee or hearing panel pursuant to Public Health Law, section
				  230.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter C - Access To Records › Part 51 - Uniform Hearing Procedures › Section 51.3 - Notice of hearing and statement of charges

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The notice of hearing shall contain a
				  statement of the legal authority and jurisdiction under which the proceeding is
				  to be held, a reference to the particular sections of the statutes and
				  regulations violated, if any, and a short and plain statement of the matters
				  asserted, or at issue, and/or a statement of charges.
(b) The notice of hearing shall specify the
				  time, place and date for a hearing.
(c) Service of the notice of hearing and
				  statement of charges, if any, shall be served at least 15 days prior to the
				  date of the hearing and shall be by certified or registered mail, or by service
				  consistent with article 3 of the CPLR. Where service is by mail, service shall
				  be deemed complete three days after mailing.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter C - Access To Records › Part 51 - Uniform Hearing Procedures › Section 51.4 - Adjournment

Current through Register Vol. 46, No. 28, July 10, 2024
A request for an adjournment of the hearing should be in
					 writing and submitted to the hearing officer and other parties prior to the
					 hearing. Adjournments shall be granted only by the hearing officer, and only
					 after the hearing officer has consulted with both parties. When granted,
					 adjournments should be to a specified time, day and place.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter C - Access To Records › Part 51 - Uniform Hearing Procedures › Section 51.5 - Answer or responsive pleading

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A party may serve on the department an
				  answer, or responsive pleading, signed by the party or the party's attorney.
				  The answer or responsive pleading shall specify which allegations are admitted,
				  which allegations are denied and which allegations a party has insufficient
				  information upon which to form an opinion.
(b) The answer or responsive pleading shall
				  be served no later than three days before the initial hearing date.
(c) An answer or responsive pleading is
				  required if there are affirmative defenses.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter C - Access To Records › Part 51 - Uniform Hearing Procedures › Section 51.6 - Amendment of pleadings

Current through Register Vol. 46, No. 28, July 10, 2024
Any party may amend or supplement a pleading at any time
					 prior to the submission of the hearing officer's report to the commissioner, or
					 to the appropriate board or council, by leave of the hearing officer, if there
					 is no substantial prejudice to any other party. Any party may amend or
					 supplement a pleading at any time prior to a hearing committee's final
					 determination and order pursuant to Public Officers Law, section 230(10), by
					 leave of the hearing officer if there is no substantial prejudice to any other
					 party.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter C - Access To Records › Part 51 - Uniform Hearing Procedures › Section 51.7 - Service of papers

Current through Register Vol. 46, No. 28, July 10, 2024
All notices and papers connected with a hearing, other than
					 the notice of hearing and statement of charges, if any, may be served by
					 ordinary mail. Except where otherwise provided, service by mail shall be deemed
					 complete three days after mailing.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter C - Access To Records › Part 51 - Uniform Hearing Procedures › Section 51.8 - Disclosure

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Except as
				  provided in subdivision (b) of this section or as otherwise agreed to by all
				  parties, there shall be no disclosure, including but not limited to bills of
				  particulars, exchanges of documents and witness lists, depositions,
				  interrogatories, discovery and requests for documents. A hearing officer may
				  not require disclosure. When the parties agree to any form of disclosure, the
				  hearing officer shall ensure that all parties proceed in accordance with the
				  agreement of the parties.
(b)
(1) If the department in a notice of hearing
				  states its intent to seek, or states the possibility of, the revocation of a
				  license or permit, upon the service of such notice, any party to the proceeding
				  may demand in writing from any other party disclosure of any of the following
				  which such other party intends to introduce at the hearing:
(i) names of witnesses; however, a summary of
				  the testimony to be given by the witnesses shall not be required to be
				  disclosed;
(ii) a list of
				  documentary evidence;
(iii)
				  photocopies of documentary evidence listed in subparagraph (ii) of this
				  paragraph in the possession of the party upon whom the demand has been made;
				  and
(iv) a brief description of
				  physical or other evidence which cannot be photocopied.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter C - Access To Records › Part 51 - Uniform Hearing Procedures › Section 51.9 - Hearing officer

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No
				  hearing officer shall preside who has any bias with respect to the matter
				  involved in the proceeding. Any party may file with the department a request,
				  together with a supporting affidavit, that a hearing officer be removed on the
				  basis of personal bias or other good cause.
(b) The hearing officer shall conduct the
				  hearing in a fair and impartial manner.
(c) The hearing officer shall have the power
				  to:
(1) rule upon requests, including all
				  requests for adjournments;
(2) set
				  the time and place of hearing;
(3)
				  administer oaths and affirmations;
(4) issue subpoenas requiring the attendance
				  and testimony of witnesses and the production of books, records, contracts,
				  papers and other evidence;
(5)
				  summon and examine witnesses, including the authority to direct a party,
				  without necessity of subpoena, to appear and to testify;
(6) admit or exclude evidence;
(7) limit the number of times any witness may
				  testify, repetitious examination or cross-examination, and the amount of
				  corroborative or cumulative testimony;
(8) hear argument on facts or law;
(9) order the parties to appear for a
				  prehearing conference to consider matters which may simplify the issues or
				  expedite the proceeding;
(10) order
				  that opening statements be made; and
(11) do all acts and take all measures
				  necessary, but not otherwise prohibited by this Part, for the maintenance of
				  order and the efficient conduct of the hearing.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter C - Access To Records › Part 51 - Uniform Hearing Procedures › Section 51.10 - Stipulations and consent orders

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  At any time prior to issuance of the final order or determination, parties may
				  enter into a stipulation for the resolution of any or all issues.
(b) The commissioner, or the appropriate
				  board or council, may issue a consent order upon agreement or stipulation of
				  the parties. A consent order shall have the same force and effect as an order
				  issued after a hearing.
(c) In
				  matters governed by Public Health Law, sections
				  230,
				  230-a,
				  230-b and
				  230-c, a licensee, who is under
				  investigation or against whom a determination has been made that a hearing is
				  warranted, as a condition for the satisfaction of all charges and potential
				  charges, shall admit guilt to at least one of the acts of misconduct alleged,
				  or shall agree not to contest the allegations, or shall assert that he or she
				  cannot successfully defend against at least one of the acts of misconduct
				  alleged, and shall either surrender his or her license or agree to a penalty.
				  The signators to such an agreement shall be the licensee, his or her counsel,
				  if the licensee is represented, the attorney for the department, the director
				  of the Office of Professional Medical Conduct and the chairperson of the State
				  Board for Professional Medical Conduct. The chairperson of the State Board for
				  Professional Medical Conduct shall issue a surrender or consent order based
				  upon said agreement. The order shall have the same force and effect as an order
				  issued after a hearing.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter C - Access To Records › Part 51 - Uniform Hearing Procedures › Section 51.11 - The hearing

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Appearances.
(1) A party may appear in person
				  or by an attorney. If a party appears by an attorney, service of papers shall
				  be made upon the attorney.
(2) Any
				  person appearing on behalf of a party in a representative capacity may be
				  required to show his authority to act in such capacity.
(3) If a party fails to appear at the
				  hearing, issues on which the absent party has the burden of proof may be
				  resolved against that party.
(4) At
				  any time before a report is submitted to the commissioner, or to the
				  appropriate board or council, the hearing officer may open a default or relieve
				  any party of the consequences of any default upon good cause shown.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter C - Access To Records › Part 51 - Uniform Hearing Procedures › Section 51.12 - Hearing officer's report

Current through Register Vol. 46, No. 28, July 10, 2024
For matters governed by Public Health Law, sections
					 230,
					 230-a and
					 230-b, the hearing officer shall submit
					 the hearing panel's signed final report not more than 52 days after the last
					 day of hearing if service will be effectuated by mail and not more than 58 days
					 after the last day of hearing if service will be effectuated personally. In all
					 other matters, within 60 days of the close of the records, including receipt of
					 the transcript, if any, the hearing officer should prepare his report and
					 submit it to the commissioner or to the appropriate board or council, and to
					 all parties.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter C - Access To Records › Part 51 - Uniform Hearing Procedures › Section 51.13 - Filing of exceptions

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Within 30 days of the date a copy of the report of the hearing officer and
				  proposed order or, hearings governed by Public Health Law, section
				  230, within 15 days of the date a report of
				  the hearing committee and proposed recommendation is sent to the parties, any
				  party may submit exceptions to the report and order or recommendation to the
				  Supervising Administrative Law Judge.
(b) The exceptions may include:
(1) the particular findings of fact,
				  conclusions of law, or disposition with which the party disagrees, the reasons
				  for disagreement and a substitute finding, conclusion or disposition;
(2) general comments on the suitability of
				  the report and order or recommendation; and
(3) an alternative proposed order or
				  recommendation for consideration and adoption by the commissioner, his
				  designee, or other decisionmaker.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter C - Access To Records › Part 51 - Uniform Hearing Procedures › Section 51.14 - Final determination and order

Current through Register Vol. 46, No. 28, July 10, 2024
(a) After receipt of the hearing officer's
				  report, the commissioner, or the appropriate board or council, shall make a
				  final determination.
(b) The final
				  determination shall be embodied in a written order which shall contain findings
				  of fact and conclusions of law or reasons for the final
				  determination.
(c) A copy of the
				  order shall be served upon the parties.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter C - Access To Records › Part 51 - Uniform Hearing Procedures › Section 51.15 - Waiver of rules

Current through Register Vol. 46, No. 28, July 10, 2024
Any of the foregoing rules may be waived by agreement of
					 the parties or, if a hearing has convened, by agreement of the parties and with
					 consent of the hearing officer.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter C - Access To Records › Part 51 - Uniform Hearing Procedures › Section 51.16 - Administrative hearings (one-year time frame)

Current through Register Vol. 46, No. 28, July 10, 2024
For hearings requested by applicants proposed for
					 disapproval for establishment pursuant to Public Health Law, section
					 2801-a(2), or for
					 construction pursuant to Public Health Law, section
					 2802(5), a notice of
					 hearing shall be issued within 365 days of the receipt by the department of the
					 written request for hearing. For hearings requested by applicants seeking
					 increases in reimbursement rates pursuant to Part 86 of this Title, a notice of
					 hearing shall be issued within 365 days of the rate review officer's
					 determination that there are issues of fact which entitle the applicant to a
					 hearing. Failure to comply with this section shall not affect the validity of
					 the action taken.