N.Y. Comp. Codes R. & Regs. tit. 10 § 300.2

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

Section 300.2 - Establishing the SHIN-NY

The New York State Department of Health shall:

(a) oversee the implementation and ongoing operation of the SHIN-NY;

(b) implement the infrastructure and services to support the private and secure exchange of health information among SHIN-NY participants;

(c) provide, either directly or through contract, statewide data infrastructure and any other SHIN-NY services that the New York State Department of Health deems necessary to effectuate the purposes of this Part;

(d) administer the statewide collaboration process and facilitate the development, regular review and amendment of SHIN-NY policy guidance;

(e) perform regular audits, either directly or through contract, of qualified entity and SHIN-NY participant functions and activities as necessary to ensure the quality, security and confidentiality of data in the SHIN-NY;

(f) provide, either directly or through contract, strategic leadership on the use of the statewide data infrastructure to ensure health information exchange services are efficiently deployed in the SHIN-NY to support:

(1) the exchange of data among SHIN-NY participants;

(2) the matching of patient demographic information submitted by SHIN-NY participants;

(3) a statewide provider directory;

(4) a statewide consent management system; and

(5) aggregation of data from SHIN-NY participants in a statewide repository;

(g) assess qualified entity and SHIN-NY participant participation in the SHIN-NY and, if necessary, suspend a qualified entity or SHINY-NY participant's access to or use of the SHIN-NY, as provided in the statewide common participation agreement, or when it reasonably determines that the qualified entity or SHINY-NY participant has created, or is likely to create, an immediate threat of irreparable harm to the SHIN-NY, to any person accessing or using the SHIN-NY, or to any person whose information is accessed or transmitted through the SHIN-NY;

(h) publish reports on health care provider participation and usage, system performance, data quality, the qualified entity certification process, and SHIN-NY security;

(i) take such other actions, including but not limited to the convening of appropriate advisory and stakeholder workgroups, as may be needed to promote development of the SHIN-NY;

(j) approve the statewide common participation agreement under which SHIN-NY participants supply patient information to the SHIN-NY using qualified entities or the entity that facilitates their connection to the statewide data infrastructure, and qualified entities supply patient information using the statewide data infrastructure. Any such qualified entity or third-party entity that facilitates a SHIN-NY participant's connection must be the "business associate," as defined in 42 USC § 17921, of any SHIN-NY participant that supplies patient information and is a health care provider, and must be a qualified service organization of any SHIN-NY participant that supplies patient information and is an alcohol or drug abuse program required to comply with federal regulations regarding the confidentiality of alcohol and substance abuse patient records. 42 USC § 17921, effective February 17, 2009, which has been incorporated by reference in this Part, has been filed in the Office of the Secretary of State of the State of New York. The section of the United States Code incorporated by reference may be examined at the Records Access Office, New York State Department of Health, Corning Tower, Empire State Plaza, Albany, New York 12237 or can be directly obtained from the Office of the Law Revision Counsel of the United States House of Representatives.

N.Y. Comp. Codes R. & Regs. Tit. 10 § 300.2

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