N.Y. Comp. Codes R. & Regs. tit. 18 § 457.16

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

Section 457.16 - Confidentiality

(a) Definitions. When used in this section, unless otherwise expressly stated or unless the context requires a different interpretation:

(1) Subject of a report means a person who is the subject of a referral or an application for PSA or who is receiving or has received PSA from a social services district.

(2) Authorized representative of a subject of a report means:

(i) a person named in writing by a subject to be a subject's representative for purposes of requesting and receiving records under this Part; provided, however, that the subject has contract capacity at the time of the writing or had executed a durable power of attorney at a time when the subject had such capacity, naming the authorized representative as attorney-in-fact, and such document has not been revoked in accordance with applicable law;

(ii) a person appointed by a court, or otherwise authorized in accordance with law to represent or act in the interests of the subject; or

(iii) legal counsel for the subject.

(b) Information in the possession of the department or a social services district including, but not limited to, reports made pursuant to this Part, the names of referral sources, written reports or photographs, required forms, progress notes and other information in the case record concerning the subject of a report, is confidential. Accordingly, the department or a social services district must not release reports or other information in their possession which pertain to a person who is the subject of a report without the approval of such subject or his or her authorized representative, except as provided for in subdivision (c) of this section.

(c) The following persons, officers and agencies may receive information from the department or a social services district concerning the subject of a report:

(1) any person who is the subject of a report or such person's authorized representative;

(2) a provider of services to a current or former PSA client where a social services official, or his/her designee, has determined that such information is necessary to determine the need for, or to provide or arrange for the delivery of PSA. For the purposes of this section a PSA client means the subject of a PSA report;

(3) a court, upon a finding that the information in the record is necessary for the use by a party in a criminal or civil action or in the determination of an issue before the court;

(4) a grand jury, upon a finding that the information in the record is necessary for the determination of charges before the grand jury;

(5) a district attorney, assistant district attorney or an investigator employed in the office of the district attorney, a member of the Division of the State Police, a police officer employed by a city, county, town or village police department or by a county sheriff when such official requests such information stating that:

(i) the information is necessary to conduct a criminal investigation or criminal prosecution of a person;

(ii) there is reasonable cause to believe that a criminal investigation or prosecution involves or otherwise affects a person who is the subject of a PSA referral or application or is receiving or has received PSA; and

(iii) it is reasonable to believe that due to the nature of the crime under investigation or prosecution, such records may be related to the criminal investigation or prosecution;

(6) a person named court appointed evaluator or guardian pursuant to article 81 of the Mental Hygiene Law, or a person named as a guardian for the mentally retarded pursuant to article 17-A of the Surrogate's Court Procedure Act; or

(7) any person entitled to such record in accordance with applicable law.

(d) Prior to the release of a record or other information maintained pursuant to this Part to persons, officers and agencies specified in subdivision (c) of this section, the department or a social services district must be satisfied that the confidential character of the information will be maintained in accordance with applicable law and that such information will be used solely for the purposes for which it was made available. Furthermore, any release of confidential HIV information, as defined in section 2780 of the Public Health Law, must comply with the requirements of article 27-f of such law and Parts 357 and 403 of this Title.

(e) The commissioner or a local social services official may withhold in whole, or in part, the release of any information in their possession which they are otherwise authorized to release in accordance with subdivision (c) of this section, if such official determines that:

(1) the release of such information would identify a person who made a referral or submitted an application on behalf of a person for PSA, or who cooperated in a subsequent investigation and assessment conducted by a social services district to determine a person's need for PSA; and

(2) the official reasonably determines that the release of such information would be detrimental to the safety or interests of such individual.

(f) When a record made under this Part is subpoenaed or sought pursuant to notice to permit discovery, a social services official may move to withdraw, quash, fix conditions or modify the subpoena, or to move for a protective order, as may be appropriate, in accordance with the applicable provisions of the Criminal Procedure Law or the Civil Practice Law and Rules to:

(1) delete the identity of any persons who made a referral or submitted an application for PSA on behalf of an individual, or who cooperated in a subsequent investigation and assessment of the individual's need for such services, or the agency, institution, program or other entity when persons are employed, or with which such persons are associated;

(2) withhold records, the disclosure of which is likely to be detrimental to the safety or interests of such persons; or

(3) otherwise object to the release of all or a portion of the record on the basis that the requested release of records is for a purpose not authorized under the law.

(g) For the purpose of this section, a record means any information in the possession of the department or a social services district regarding the subject of a report as defined in subdivision (a) of this section.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 457.16