N.Y. Comp. Codes R. & Regs. tit. 18 § 313.3

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

Section 313.3 - Confidentiality

Social Services Law, § 136; Mental Hygiene Law, § 36.5

(a)Obtaining information.

Information about persons who are about to be, or have been, discharged or released from State mental hygiene facilities and who have applied for or are receiving public assistance and care may be obtained from those facilities by social services officials as follows:

(1) Information concerning a patient's identity and period or periods of hospitalization shall be obtained if necessary to determine fiscal responsibility for his public assistance and care. In such cases, the patient's consent is not required.

(2) Other information about the patient, including information from his clinical record which is required by the local department, may be obtained only with the written consent of the patient.

(b)Use of information.

(1) All information obtained by a local social services department concerning a patient in a State mental hygiene facility shall be deemed confidential, and may be used by officials and employees of the local department and the State Department of Social Services only for the purposes of determining fiscal responsibility for the cost of the patient's public assistance and care and for providing services to the patient. Each social services official shall maintain, and shall direct his staff to maintain, the confidentiality of any information received by the local social services department under this section.

(2) Information obtained under this section may be divulged to members of the staff of a mental hygiene facility, or of the State Department of Mental Hygiene, who work with the patient in their professional capacities.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 313.3