N.Y. Comp. Codes R. & Regs. tit. 12 § 325-1.11

Current through Register Vol. 46, No. 25, June 18, 2024

Section 325-1.11 - Copies of hospital records

(a) Physicians treating claimants in hospitals may secure the signature of claimant for authorization to obtain copies of any necessary hospital records.

(b) Employers, carriers, claimant's representatives or special funds upon written request to any hospital operating in New York State together with the claimant' s written consent, may obtain for use in board proceedings, the hospital records of a claimant pertaining to his or her compensation claim.

(c) Written notice of such request together with proof of mailing shall be provided to the board.

(d) A hospital has 20 days to respond to such request by either:

(1) providing the records; or

(2) notifying in writing the party requesting the records that such records cannot be provided and the reason for not providing such records together with the date upon which the records will be provided. Such date shall not be more than 30 days from the date of the written request.

(e) Failure to provide the records or a reason why the records have not been provided in 20 days from written request by a party shall subject the hospital to a fine of $200 imposed by the chair payable into the board's administrative funds.

(f) Failure by the hospital to provide the records in 30 days after notification to the requesting party of the reason for not initially providing such record and the date on which such records would be produced shall subject the hospital to a fine of $200 imposed by the chair payable into the board's administrative funds.

(g) No hospital shall be required to produce the records of any claimant pursuant to this section without receiving its customary fees or charges for reproduction of such records.

N.Y. Comp. Codes R. & Regs. Tit. 12 § 325-1.11