OGC Opinion No. 07-02-21

The Office of General Counsel issued the following opinion on February 22, 2007, representing the position of the New York State Insurance Department.

RE: Medical Records

An inquirer asked about medical information that may be disclosed by a hospital under the privacy exceptions set forth in the federal Health Insurance Portability and Accountability Act (“HIPAA”). The Insurance Department does not regulate hospitals, and therefore does not opine on HIPAA exceptions pertinent to hospitals.

The request for information regarding HIPAA compliance would be more properly directed to the United States Department of Health and Human Services at:

The U.S. Department of Health and Human Services
200 Independence Avenue, S.W.
Washington, D.C. 20201
Telephone: 202-619-0257
Toll Free: 1-877-696-6775

For information regarding St. John's Hospital, the New York State Department of Health should be contacted at:

New York State Department of Health
Corning Tower
Empire State Plaza,
Albany, NY 12237