[Genealib] HIPAA and the NYC Department of Health Indexes

[Nancy Maxwell]

I second Larry. Is this going to be challenged?



Nancy Kouyoumjian Maxwell, Genealogy Librarian
Frances Pittman Malcolm Genealogy Room
Grapevine Public Library
1201 Municipal Way
Grapevine, TX 76051
Voice: 817-410-3429
Fax: 817-410-3084
E-mail: nmaxwell at grapevinetexas.gov
 
"Opportunity is missed by most people because it is dressed in overalls
and looks like work."  ~Thomas Edison


>>> "Larry Oathout" <loathout at tcpclibrary.org> 4/14/2009 2:54 PM >>>
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vital statistics records, has been repealed in its entirety.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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