Confidentiality of records in multi-state information system

§ 79-j. Confidentiality of records in multi-state information system.
1. An ongoing research and demonstration project called the multi-state
information system for psychiatric patients located at Rockland state
hospital in Rockland county has been developed by a number of
cooperating states and is designed to provide a computer-based system
for records and statistics of mental health patients in those states.
The records stored by the multi-state information system are intended
also for research and demonstration purposes concerning (1) the
feasibility of computer-based record systems improving the quality of
medical information available to clinicians treating psychiatric
patients and (2) the quality of aggregate statistics to aid in planning,
operating and monitoring psychiatric services. Such records are not
intended to substitute for or replace original records retained in the
cooperating mental health facilities and agencies. In order to protect
the privacy of the information stored in such records which relates to
patients in facilities outside of the state of New York, it is necessary
and desirable that such records be declared confidential and not subject
to examination in the courts or by agencies of this state.

2. The records and information concerning patients in mental health
and related facilities located outside of the state of New York and
currently or hereafter stored in the multi-state information system for
psychiatric patients maintained at Rockland state hospital in the county
of Rockland are not public records. Such records and information shall
be confidential and shall not be subject to subpoena in any court or
before any tribunal or administrative agency. Such records and
information shall not be open for inspection by nor otherwise available
to any agency or individual other than the agency or facility submitting
the records or information and the technical staff of the multi-state
information system except that the commissioner of mental hygiene shall
have the power to conduct an annual review of the operation of the
information system in order to assure its proper and lawful operation in
the interest of the agencies and facilities contributing records and
information to such system. Aggregate statistics drawn from the records
stored, with all personal identification removed, may be released by the
system for research and planning purposes.

3. Nothing in this act shall affect existing law with respect to the
records of patients now or formerly treated in facilities in this state.
The records stored in the multi-state information system described in
subdivision two shall not be considered records of the department of
mental hygiene.