2006 New York Code - Records To Be Made Available By Organizations Subject To The Provisions Of This Chapter.

 
    §  320.  Records  to be made available by organizations subject to the
  provisions of  this  chapter.  (a)  Every  insurer  doing  an  insurance
  business  in  this state or any pension fund, retirement system or other
  organization required by law to make reports to, or which is subject  to
  examination by, the insurance department, except any corporation subject
  to article forty-three of this chapter, shall, upon request of the state
  department of social services or of a local social services district for
  any records, or any information contained in such records, pertaining to
  the coverage of any individual for such individual's medical costs under
  any  individual  or  group  policy  or  other  obligation  made  by such
  organizations, or the medical benefits paid by or claims  made  to  such
  organizations  pursuant to such policy or other obligation in accordance
  with the limitations  of  subsection  (c)  hereof,  make  the  requested
  records  or information available upon a certification by the department
  of social services or the social services district that such  individual
  is  an  applicant for or recipient of medical assistance, or is a person
  who is legally responsible for such an applicant or recipient,  pursuant
  to the social services law.
    (b) The superintendent and the commissioner of the state department of
  social  services  shall enter into a cooperative agreement setting forth
  mutually agreeable procedures for requesting and furnishing  appropriate
  information,   not   inconsistent   with   any  law  pertaining  to  the
  confidentiality and privacy of records, which procedures  shall  include
  financial  arrangements  as  may  be  necessary  to  reimburse insurance
  corporations or other insurers doing or authorized to  do  an  insurance
  business  in  this state or any pension fund, retirement system or other
  organization subject to the provisions of  this  section  for  necessary
  costs  incurred  in  furnishing  requested information, and the time and
  manner such procedures are to become effective. Such procedures  may  be
  added  to  the  cooperative agreement which was entered into between the
  superintendent and the commissioner of social services pursuant  to  the
  provisions of section four thousand three hundred eleven of this chapter
  or  the  procedures  may  be  added to a new cooperative agreement which
  shall  supersede  the  agreement  currently  in  existence  between  the
  superintendent and the commissioner of social services.
    (c)  The  department  of  social  services  or a local social services
  district shall request only  that  information  necessary  to  determine
  whether any insurance benefits have been or should have been claimed and
  paid  with  respect  to items of medical care and services received by a
  particular  individual  for  which  medical  assistance  coverage  would
  otherwise be available.
    (d)  Not  later  than  the  date  upon  which the procedures agreed to
  pursuant to subsection (b) hereof become effective,  the  superintendent
  shall  establish  guidelines  to  assure that information relating to an
  individual certified to be an applicant  for  or  recipient  of  medical
  assistance,  furnished  to  any  insurance corporation, insurer, pension
  fund, retirement system or other organization subject to the  provisions
  of  this section is used only for the purpose of identifying the records
  or information requested in  such  manner  so  as  not  to  violate  the
  confidentiality provisions of the social services law.
    (e)  (1)    Every insurer doing an insurance business in this state or
  any pension fund, retirement system or other  organization  required  by
  law  to  make  reports  to,  or  which is subject to examination by, the
  department shall, upon request of an authorized  representative  of  the
  state department of social services, or a social services district child
  support  enforcement  unit  established  pursuant to section one hundred
  eleven-c of the social services law, enter into an  agreement  with  the
  state  department  of  social  services or a social services district to
  develop and operate a data match system, using automated data  exchanges
  to  the  maximum  extent  feasible,  in which each such insurer, pension
  fund, retirement system or other organization  shall  provide  for  each
  calendar  quarter  the  name,  record address, social security number or
  other taxpayer identification number, and other identifying  information
  for  each individual who maintains a demand deposit account, checking or
  negotiable withdrawal  order  account,  savings  account,  time  deposit
  account, or money-market mutual fund account at such institution and who
  owes  past-due  support, as identified by the state department of social
  services or a social services district child support enforcement unit by
  name and social security number or other taxpayer identification number.
  Nothing herein shall be deemed to limit the authority of a local  social
  services  district  support  collection  unit  pursuant  to  section one
  hundred eleven-h of the social services law.
    (2)  No insurer, pension fund, retirement system or other organization
  which  discloses  information  pursuant  to  paragraph   one   of   this
  subsection, or discloses any financial record to the state department of
  social  services or a social services district child support enforcement
  unit for the purpose of enforcing a child  support  obligation  of  such
  person, shall be liable under any law to any person for such disclosure,
  or for any other action taken in good faith to comply with paragraph one
  of this subsection.