N.Y. Comp. Codes R. & Regs. tit. 7 § 5.35

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

Section 5.35 - Procedure

(a) Within five business days after receipt of a written request for a department record, the records access officer shall determine whether the record requested is in the department's custody and shall respond as provided for in subdivisions (b), (c) and (d) of this section.

Note: Requests for inmate medical records received by a records access officer should be referred to the nurse administrator of the facility in which the inmate is incarcerated or from which the inmate was released. A copy of the referral letter shall be sent to the requester. Facilities may charge the reasonable fee of 50 cents per page for medical records, as allowed by HIPAA and Public Health Law, section 18. A ccess to medical records shall not be denied by reason of inability to pay.

(b) Acknowledged receipt of the request and a statement of the approximate date when such request will be granted or denied.

(c) If he determines, after diligent search, that the record requested is not in the department's custody, he shall certify, as the case may be:

(1) that the record does not exist or that, after diligent search, he has no record of it;

(2) that the record is in the custody of another specified agency; or

(3) that, after diligent search, the record cannot be found.

(d) If he determines that the record requested is in the department's custody, he shall either:

(1) produce the record for inspection at his office and, if so requested and upon payment of the appropriate fee, shall make and certify a copy of the record;

(2) advise the applicant that the record is in the department's custody and make arrangements for inspection or copying at a later time;

(3) mail copies of the requested record to the applicant or advise the applicant that copies will be sent upon payment of the appropriate fee;

(4) if agreeable to the person requesting the record, provide the information from the record rather than a copy of the record; or

(5) deny access to the entire record or portion thereof on one of the grounds specified in Public Officers Law, section 87(2).

(e) Whenever there is a deletion or denial in whole or part, the reason therefor shall be given in writing and notice shall be given of the right to appeal by giving the name, business address and phone number of the counsel.

N.Y. Comp. Codes R. & Regs. Tit. 7 § 5.35