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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 25ยข 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

 

 

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