NEW YORK NURSE: September 2007

Privacy laws in New York State

Health Code: NYCRR § 405.7 (b) (12): the hospital shall afford to each patient the right to privacy consistent with the provision of appropriate care to the patient;

Health Code: NYCRR § 405.7 (b) (13): the hospital shall afford to each patient the right to confidentiality of all information and records pertaining to the patient’s treatment.

New York Tort Law: It may be a breach of privacy if you:

Use someone’s name or image (photo or otherwise) without his or her written consent (the right of publicity);
Disclose private facts in a public manner (such as chatting in the hallway or leaving faxes in a place where anyone can read the information);
Invade someone’s mental or physical solitude (such as unwanted touching or forcing a conversation);
Create a false assumption about someone that would affect their reputation.

Contact your NYSNA representative for help in dealing with privacy issues. You can also obtain the regulations, fact sheets and review Frequently Asked Questions on the HHS Web site at www.hhs.gov/ocr/hipaa.