4 NYCRR Part 82 - Department of Civil Service

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Source version current through Jan 31, 2026

All 4 displayed sections in this Part carry the same compiled date. Status and warnings stay on each section.

4 NYCRR 82.1 - Written requests

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NYCRR title agency: Department of Civil Service
Section status: Section source receipt
Source version current through: Jan 31, 2026

In response to a written medical record access request from the person to whom the medical record pertains, the Employee Health Service shall:

(a)acknowledge the request within 10 days of its receipt;

(b)notify the individual of the opportunity to inspect any medical records concerning him or her possessed by the Department of Civil Service or the Civil Service Commission;

(c)provide a statement concerning the approximate date by which the request for access will be granted, which shall not be later than 45 days from the date of the acknowledgment;

(d)require appropriate identification of individuals requesting access to medical records;

(e)charge 25 cents per page for copies of the medical record, which fee may be waived at the discretion of the Department of Civil Service; and

(f)upon receipt of appropriate written authorization, mail copies of the medical record to the individual's home address.

4 NYCRR 82.2 - Source confidentiality

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Dates and status

NYCRR title agency: Department of Civil Service
Section status: Section source receipt
Source version current through: Jan 31, 2026

Nothing in this Part shall require the Employee Health Service to provide individuals with access to information which would reveal the identity of a source who furnished it under an express promise that his or her identity would be held in confidence.

4 NYCRR 82.3 - Disclosure

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Dates and status

NYCRR title agency: Department of Civil Service
Section status: Section source receipt
Source version current through: Jan 31, 2026

(a)Medical records concerning an individual shall not be disclosed to third parties except:

(1)Upon written authorization of the subject of the records. Such authorization shall identify the medical records to be provided; the person, agency or entity to whom the records are to be provided; the address to which the records are to be sent; the purpose for which the records will be used, and the date the authorization shall expire. If no expiration date is specified, it shall expire 90 days from the date of receipt of the authorization by the Department of Civil Service.

(2)When required by law or court order, provided that notification is made to the subject of the record prior to such disclosure, unless such notification is prohibited by law.

(b)Under no circumstances shall medical records or their contents be released directly to a State agency unless such release is mandated by statute or regulation, or is authorized by the subject of the records as provided in subdivision (a) of this section.

(c)Neither individual medical records nor their contents shall be disclosed by the Employee Health Service to officers and employees of the Department of Civil Service or the Civil Service Commission unless such disclosure is necessary to the performance of legally authorized purposes or programs being carried out as part of the official duties of the person seeking the records.

(d)Nothing in this section prohibits the disclosure of medical records for the purpose of statistical research or reporting if individual identities are not revealed.

4 NYCRR 82.4 - Correction or amendment of medical records

Later State Register activity may affect this section.

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Dates and status

NYCRR title agency: Department of Civil Service
Section status: Section source receipt
Source version current through: Jan 31, 2026

Within 60 days of receipt of a written request from the subject of a medical record for correction or amendment of the medical record, the Employee Health Service shall:

(a)make the correction or amendment in whole or in part; or

(b)inform the record subject of its refusal to correct or amend and the reasons therefor, and of that person's right to have incorporated into the record his or her own statement, of reasonable length, setting forth the reasons for disagreement with the record. Such statement of disagreement shall be furnished to all persons to whom the medical record is subsequently disclosed.

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