10 CRR-NY 98-2.12NY-CRR

STATE COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK
TITLE 10. DEPARTMENT OF HEALTH
CHAPTER II. ADMINISTRATIVE RULES AND REGULATIONS
SUBCHAPTER R. HEALTH MAINTENANCE ORGANIZATIONS
PART 98. HEALTH MAINTENANCE ORGANIZATIONS
SUBPART 98-2. EXTERNAL APPEALS OF ADVERSE DETERMINATIONS
10 CRR-NY 98-2.12
10 CRR-NY 98-2.12
98-2.12 Confidentiality.
(a) No health care plan may share an enrollee's medical and treatment records or any other confidential information, including HIV related and mental health related information, with a certified external appeal agent or a clinical peer reviewer designated by such certified external appeal agent unless the enrollee, or a person authorized pursuant to law to consent to health care for the enrollee, has signed a specific release of information for HIV, mental health and drug and alcohol abuse or otherwise appropriate release in a manner and in such form as prescribed by the commissioner and superintendent in accordance with section 2782 of the Public Health Law for confidential HIV related information and sections 33.13 and 33.16 of the Mental Hygiene Law for mental health related information and as required by any applicable Federal law or regulation.
(b) No certified external appeal agent or clinical peer reviewer designated by such certified external appeal agent shall, except as specifically authorized by an appropriate release signed by the enrollee or by a person authorized pursuant to law to consent to health care for the enrollee, divulge confidential medical and treatment information or other information obtained through the review of an external appeal to any individual or group except the certified external appeal agent to whom the appeal was assigned and, as necessary, the commissioner and superintendent.
10 CRR-NY 98-2.12
Current through September 15, 2021
End of Document

IMPORTANT NOTE REGARDING CONTENT CURRENCY: The "Current through" date indicated immediately above is the date of the most recently produced official NYCRR supplement covering this rule section. For later updates to this section, if any, please: consult editions of the NYS Register published after this date; or contact the NYS Department of State Division of Administrative Rules at [email protected]. See Help for additional information on the currency of this unofficial version of NYS Rules.