N.Y. Comp. Codes R. & Regs. tit. 10 § 300.6

Current through Register Vol. 46, No. 45, November 2, 2024

Section 300.6 - Participation of health care facilities

(a) Health care facilities as defined in section 18(c)(1) of the Public Health Law, including those who hold themselves out as urgent care providers must become SHIN-NY participants in order to connect to the SHIN-NY through a qualified entity, and must allow private and secure bi-directional access to patient information by other SHIN-NY participants authorized by law to access such patient information. As used in this subdivision, bi-directional access means that a SHIN-NY participant has the technical capacity to upload its patient information to the qualified entity so that it is accessible to other SHIN-NY participants authorized to access the patient information and that the SHIN-NY participant has the technical capacity to access the patient information of other SHINNY participants from the qualified entity when authorized to do so, consistent with the SHIN-NY policy guidance under subdivision (b) of section 300.3 of this Part.

(b) All health care facilities required to become SHIN-NY participants pursuant to subdivision (a) of this section must supply patient information to the statewide data infrastructure.

(c) The New York State Department of Health may waive the requirements of subdivisions (a) or (b) of this section for health care facilities that demonstrate, to the satisfaction of the New York State Department of Health:

(1) economic hardship;

(2) technological limitations or practical limitations to the full use of certified electronic health record technology that are not reasonably within control of the health care provider;

(3) other exceptional circumstances demonstrated by the health care provider to the New York State Department of Health as the Commissioner may deem appropriate; or

(4) the facility has the technical capacity for private and secure bi-directional access, executes a statewide common participation agreement, connects to the SHIN-NY and supplies patient information to the statewide data infrastructure in accordance with this Part and the SHIN-NY policy guidance. As used in this paragraph, bi-directional access means that a SHIN-NY participant has the technical capacity to upload its patient information to the SHIN-NY so that it is accessible to other SHIN-NY participants authorized to access the patient information and that the SHINNY participant has the technical capacity to access the patient information of other SHIN-NY participants when authorized to do so, consistent with the SHIN-NY policy guidance under subdivision (b) of section 300.3 of this Part.

N.Y. Comp. Codes R. & Regs. Tit. 10 § 300.6

Adopted New York State Register March 9, 2016/Volume XXXVIII, Issue 10, eff. 3/9/2016

Amended New York State Register July 10, 2024/Volume XLVI, Issue 28, eff. 7/10/2024