[Genealib] HIPAA and the NYC Department of Health Indexes

[Larry Oathout]

Yep, if you are going to cite the reason for doing something, you should at 
least know what the law says.  This doesn't even come close to a HIPAA 
incident.
 
Larry Oathout
Director
Tell City-Perry County Library
Tell City, IN 47586
812-547-2661
(Fax) 547-3038
www.tcpclibrary.org


-----Original Message-----
From: "Joy Rich" <joyrichny at earthlink.net>
To: "Genealib" <genealib at mailman.acomp.usf.edu>
Date: Tue, 14 Apr 2009 15:39:58 -0400
Subject: [Genealib] HIPAA and the NYC Department of Health Indexes


Here's an instance of HIPAA being misused by the New York City Department of 
Health.

As of April 8th, only "authorized personnel of the Department or its 
authorized agents,"
which means NOT US, is allowed into the record room at the New York City 
Department of
Health to search the printed indexes (that's the only format they're in).

The Notice of Adoption is on page 4 of
http://www.nyc.gov/html/doh/downloads/pdf/notice/article-3-adoption-June-2008.pdf 
under
section §3.25.

A "further discussion of its purpose and rationale," titled "§3.25 
Inspection of records
and proceedings of the Department" is on page 13 of the Notice of Adoption. 
It says, in
part,

"Subdivision (e) of current §3.27, which currently allows access to the 
printed indexes of
vital statistics records, has been repealed in its entirety. The Department 
will no longer
make such indexes available, since such access can be abused and result in 
*identity
theft* and attendant *security risks*. In addition, genealogists and others 
interested in
genealogical research can access appropriate information from the Municipal 
Archives. [In
fact, the Municipal Archives only has birth indexes through 1909 and death 
indexes through
1948]. While these amendments reflect the policies and practices of the 
DOHMH, the amended
provisions also take into consideration the federal regulations promulgated 
pursuant to
the *Health Insurance Portability and Accountability Act* (HIPAA). HIPAA 
represents the
federal privacy standard to protect patients' medical records and other 
health information
provided to health plans, doctors, hospitals and other health care 
providers."

Joy

Joy Rich
Chapter Representative, New York Metro Chapter 
http://www.apgen.org/chapters/newyork
Association of Professional Genealogists http://www.apgen.org 

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