.111 All EHS medical records are classified confidential. Medical records will be released by EHS in accordance with 4NYCRR, Part 82, and Health Insurance Portability and Accountability Act (HIPAA) requirements under the following conditions:
- When required by law, court order, or when relevant to pending litigation, administrative proceeding or investigation;
- When there are overriding public health considerations; or
- When an employee or his/her representative submits written authorization for disclosure or access to the employee's medical record. The authorization form must include the name of the individual, a list of the records, the name and address of the person to whom the records are being sent, the purpose and the expiration date of the authorization.
.112 EHS will provide an agency with a written opinion of its medical findings. A specific diagnosis will be provided only with the consent of the individual employee or candidate. In those instances where an agency requires medical information beyond that which EHS can provide under Paragraph .111 above, such information must be obtained from the specific employee or the employee's private health care provider. Agencies may also obtain information concerning workers' compensation cases from the State Insurance Fund.
.113 In accordance with Occupational Health and Safety Administration Regulations, EHS retains occupational health medical records for a period of 30 years after an employee is separated from State employment. All other medical and nursing records are destroyed after seven (7) years after the last recorded date of services received.
.411 Following the examination of an employee, EHS will provide a statement of its findings to both the employee and the appointing authority.
.412 Questions regarding the relevancy of health records to pending litigation, administrative proceeding or investigation should be referred to the Department of Civil Service Office of Counsel.
.413 When requested, any functional limitations and restrictions affecting the employee's ability to perform the essential duties of his or her position will be provided to the agency so that the agency can make an informed administrative decision concerning the individual's employment status. Appropriate agency representatives are invited to discuss with the EHS physician any information that they believe may not have been considered earlier, where there is reason for the agency to believe the employee is not fit to perform the duties of the position.
.414 EHS will provide an agency with copies of an employee's medical record as required by Section 72 of the Civil Service Law in instances where the employee is appealing an agency's involuntary leave decision. Records will be disclosed to the agency following EHS's receipt of a copy of the employee's appeal letter to the agency. Section 72 requires the agency to provide copies of the medical record to the employee and/or the employee's representative.
.415 An employee who received services at EHS has the right to inspect and copy the medical information maintained. For instructions on how to inspect and/or obtain a copy of personal medical information, ask the EHS nurse at the nurse station or call EHS Medical Records at (518) 233-3100. All requests must be in writing. If a copy is requested, a fee may be charged for the costs of retrieving, copying, and mailing the records.