Qualified entity participants may only exchange patient information as authorized by law and consistent with their participation agreements with qualified entity participants. Under section 18(6) of the Public Health Law, individuals who work for a qualified entity are deemed personnel under contract with a health care provider that is a qualified entity participant. As such, a qualified entity participant may disclose to such a qualified entity necessary patient information without a written authorization from the patient of the qualified entity participant. Qualified entity participants may, but shall not be required to, provide patients the option to withhold patient information, including minor consent patient information, from the SHIN-NY. Except as set forth in paragraph (b)(2) or subdivision (c) of this section, a qualified entity shall only allow access to patient information by qualified entity participants with a written authorization from:
A qualified entity shall, where permitted by law, allow access to patient information without written authorization when:
N.Y. Comp. Codes R. & Regs. Tit. 10 § 300.5