Ny Doc Memo Re Release of Medical Information 2012
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STATE OF NEW YORK DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION THE HARRIMAN STATE CAMPUS - BUILDING 2 1220 WASHINGTON AVENUE BRIAN FISCHER ALBANY, N.Y. 12226-2050 COMMISSIONER MEMORANDUM TO: Superintendents Facility Health Services Directors Nurse Administrators FROM: Carl J. KOenig~m ,M.D., Deputy CommissioneriChiefMedical Maureen E. B , puty Commissioner and Counsel . - officer/~~M-D ~ f . DATE: Jariuary 6, 2012 SUBJECT: Release of Medical Information Due to a recent court decision addressing the release of medical records, the following process will now apply: Medical record copies can be requested under FOIL or Public Health Law Section 18. - All requests for medical record copies will be refen'ed to and be processed by Health Services staff consistent with existing privacy requirements. A valid HIPAA authorization is needed to release medical records to a third party. Starting immediately, whether requested under FOIL or Public Health Law Section 18, the cost per page for medical record copies is 25¢ per page. When requested by the patient-offender or "qualified person" (guardian, health care agent or Power of Attorney) access to medical records cannot be denied due to inability to pay. Please refer to Directive 2788 regarding Advances for payment of medical records copIes. Health Services Policy 4.10 will be updated in the near future to reflect this change. CJK/lb