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Can I collect health information from participants in New York? What are the requirements?

Based on the provided context, you may collect health information from participants in New York, but you must comply with certain requirements.

Requirements for Health Care Facilities

If you are a health care facility, you must become a qualified entity participant in order to connect to the SHIN-NY through a qualified entity, and must allow private and secure bi-directional access to patient information by other qualified entity participants authorized by law to access such patient information. Bi-directional access means that a qualified entity participant has the technical capacity to upload its patient information to the qualified entity so that it is accessible to other qualified entity participants authorized to access the patient information and that the qualified entity participant has the technical capacity to access the patient information of other qualified entity participants from the qualified entity when authorized to do so. [1.1]

Requirements for Telemental Health Services

If you are providing telemental health services, you must comply with the requirements outlined in 14 NYCRR 596.6. These requirements include, but are not limited to, possessing a current, valid license, permit, or limited permit to practice in New York State, utilizing evidence-based telehealth or telemental health practice guidelines and standards of practice, delivering services from a secure site/location which ensures the minimum standards for privacy for recipient-clinician interaction are met, and verifying the identity of the recipient before commencing each telemental health encounter. [3.1]

Health Plan Contact Information

If you are a health maintenance organization or participating insurer, you must submit to the superintendent the name, address, and telephone number of a health plan contact person assigned to the Healthy New York Program, the address and toll-free telephone number to direct consumer inquiries regarding the Healthy New York Program, and the service area in which the Healthy New York Program will be available. Any revisions or updates to such information shall be submitted to the superintendent. [2.1]

Sharing of Patient Information

Qualified entity participants may only exchange patient information as authorized by law and consistent with their participation agreements with qualified entity participants. Under section 18(6) of the Public Health Law, individuals who work for a qualified entity are deemed personnel under contract with a health care provider that is a qualified entity participant. As such, a qualified entity participant may disclose to such a qualified entity necessary patient information without a written authorization from the patient of the qualified entity participant. Qualified entity participants may, but shall not be required to, provide patients the option to withhold patient information, including minor consent patient information, from the SHIN-NY. Except as set forth in paragraph (b)(2) or subdivision (c) of this section, a qualified entity shall only allow access to patient information by qualified entity participants with a written authorization from: (1) the patient; or (2) when the patient lacks capacity to consent, from: (i) another qualified person under section 18 of the Public Health Law; (ii) a person with power of attorney whom the patient has authorized to access records relating to the provision of health care under General Obligations Law article 5, title 15; or (iii) a person authorized pursuant to law to consent to health care for the individual. [1.3]

It is important to note that these are not the only requirements that may apply to collecting health information from participants in New York. You should consult with a legal professional to ensure that you are complying with all applicable laws and regulations.

Source(s):
Jurisdiction

New York