N.Y. Civil Rights Law § 79-j: Confidentiality of records in multi-state information system

§ 79-j. Confidentiality of records in multi-state information system.

1. An ongoing research and demonstration project called the multi-state

information system for psychiatric patients located at Rockland state

hospital in Rockland county has been developed by a number of

cooperating states and is designed to provide a computer-based system

for records and statistics of mental health patients in those states.

The records stored by the multi-state information system are intended

also for research and demonstration purposes concerning (1) the

feasibility of computer-based record systems improving the quality of

medical information available to clinicians treating psychiatric

patients and (2) the quality of aggregate statistics to aid in planning,

operating and monitoring psychiatric services. Such records are not

intended to substitute for or replace original records retained in the

cooperating mental health facilities and agencies. In order to protect

the privacy of the information stored in such records which relates to

patients in facilities outside of the state of New York, it is necessary

and desirable that such records be declared confidential and not subject

to examination in the courts or by agencies of this state.

2. The records and information concerning patients in mental health

and related facilities located outside of the state of New York and

currently or hereafter stored in the multi-state information system for

psychiatric patients maintained at Rockland state hospital in the county

of Rockland are not public records. Such records and information shall

be confidential and shall not be subject to subpoena in any court or

before any tribunal or administrative agency. Such records and

information shall not be open for inspection by nor otherwise available

to any agency or individual other than the agency or facility submitting

the records or information and the technical staff of the multi-state

information system except that the commissioner of mental hygiene shall

have the power to conduct an annual review of the operation of the

information system in order to assure its proper and lawful operation in

the interest of the agencies and facilities contributing records and

information to such system. Aggregate statistics drawn from the records

stored, with all personal identification removed, may be released by the

system for research and planning purposes.

3. Nothing in this act shall affect existing law with respect to the

records of patients now or formerly treated in facilities in this state.

The records stored in the multi-state information system described in

subdivision two shall not be considered records of the department of

mental hygiene.